Section 26 in The Goa, Daman and Diu Irrigation Act, 1973
26. Compensation for damage caused consequent of the exercise of the 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 the 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 immediately preceding the date of the issue of the notification under section 4; or(d)failure or stoppage of any water in a channel where such failure or stoppage is due to:-(i)any cause beyond the control of the authority in charge of the canal;(ii)the execution of any repairs, alterations, or additions to the canal;(iii)any measures considered necessary by the Canal-Officer, for regulating the proper flow of water in the channel or for maintaining established course of irrigation; or(iv)circumstances mentioned under clauses (a) to (f) of section 22:Provided further that any person who suffers loss from any stoppage or diminution of water supply to his lands due to any of the 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 Government.
