33. Compensation for damage caused consequent on the exercise of powers conferred by this Act.
- Compensation may be awarded in respect of any substantial damage caused by the exercise of any of the powers conferred by this Act, which is capable of being ascertained:Provided that no compensation shall be so awarded in respect of any damage arising from,-(a)deterioration of climate or soil; or(b)stoppage of navigation or of the means of floating timber or of watering cattle; or(c)stoppage or diminution of supply of water in consequence of the exercise of the power conferred by section 5, if no use has been made of such supply within the five years next before the date of the issue of the notification under section 5; or(d)failure or stoppage of any water in a channel or irrigation work where such failure or stoppage is due to,-(i)any cause beyond the control of the authority incharge of the irrigation work;(ii)the execution of any repairs, alterations or additions to the channel or irrigation work;(iii)any measures considered necessary by the Irrigation Officer, regulating the proper flow of water in the channel or for maintaining the established course of irrigation; or(iv)circumstances mentioned under clauses (a) to (f) of section 29:Provided further that any person who suffers loss from any stoppage or diminution of water supply to his land due to any causes named in clause (d) of the preceding proviso shall be entitled to such remission of the water rate payable by him as may be authorised by the State Government.
