Section 51 in The Himachal Pradesh Minor Canals Act, 1976
51. Apportionment and recovery of the cost of land acquired or works executed.
(1)When any land is acquired under the provisions of section 41 or when an work is executed by or under the order of the Collector under the provisions of section 44, section 46, section 47 or section 48, the cost of acquiring such land or of executing such work, as the case may be, shall be recoverable-(a)if the canal is included under Schedule II, from the owner thereof; or(b)if the canal is included under Schedule I, from the irrigators or such of them as are, in the opinion of the Collector, benefited or likely to be benefited by the acquisition or equitably liable for the whole or any part of the cost of executing the work or from the proceeds of any water rate levied under section 28; and(c)if such appropriation is not contrary to the provisions of the record-of-rights specified in section 27 of this Act, from the fund referred to in section 26 of this Act.(2)When the cost of acquiring any land or of executing any work is under the provisions of sub-section (1) recoverable from the owner of any canal or from the irrigators therefrom or any of them it shall be lawful for the Collector to apportion such cost as he may deem equitable among all or any of the persons liable for the whole or any portion thereof and such apportionment shall be final.(3)When the cost of acquiring such land has been paid, such land, if acquired in full proprietary rights, shall become the property of the canal owner.
