Section 6 in The Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 1959
6. Objections to demand.
(1)Any owner who has been served with a notice of demand under Section 5 may, within sixty days of the service of such notice, file, in the prescribed manner, a petition before the Collector objecting to the levy of any one or more of the following grounds, namely: -(i)that his land has not been benefited by the irrigation work or flood protection work;(ii)that he is not an owner in respect of the land or building;(iii)that he is a privileged person within the meaning of clause (i) of Section 2 of the Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar Act IV of 1948);(iv)that he is not liable to pay the full amount of betterment contribution accessed to him;(v)that the amount of betterment contribution in respect of the land should be apportioned among the different owners of the same; or(vi)that the area noted in the demand notice is not correctly recorded.(2)On a petition under sub-section (1) being filed, the Collector shall give the petitioner a reasonable opportunity to adduce such evidence as he may like in support of his petition and after considering the evidence adduced and after such further inquiry, if any, as he may consider necessary, pass, for reasons to be recorded, such orders as he may deem fit:Provided that no order of apportionment shall be made unless notice in this behalf has been served on each of the owners amongst whom apportionment is to be made:Provided further that the apportionment of the betterment contribution assessed in respect of the land or building shall be made with due regard to the respective rights of the owners thereof.
