Section 8 in The Rajasthan Irrigation and Drainage Act, 1954
8. Matter for which compensation shall not be or may be awarded.
(1)No compensation shall be awarded for any damage caused by-(a)stoppage or diminution of percolation or floods;(b)deterioration of climate or soil;(c)stoppage of navigation, or of the means of drifting timber or watering cattle;(d)displacement of labour;But compensation may be awarded in respect of any of the following matters:-(e)stoppage or diminution of supply of water through any natural channel to any defined artificial channel, whether above or, under ground in use at the date of the said notification;(f)stoppage or diminution of supply of water to any work erected for purposes of profit on any channel, whether natural or artificial, in use at the date of the said notification;(g)stoppage or diminution of supply of water through any natural channel which has been used for the purposes of irrigation within the five years next before the date of the said notification;(h)damage done in respect of any right to a water course or the use of any water to which any person is entitled under Part IV of the Indian Limitation Act, 1908 or under the Indian Easements Act, 1882 of the Central Legislature as adapted to Rajasthan;(i)any other substantial damage not falling under any of the above clauses (a), (b),(c) or (d) and caused by the exercise of the powers conferred by this Act, which is capable of being ascertained and estimated at the time of awarding such compensation.(2)In determining the amount of such compensation, regard shall be had to the diminution in the market value, at the time of awarding compensation, of the property in respect of which compensation is claimed and where such market value is not ascertainable, the amount shall be reckoned at twelve times the amount of the diminution of the annual net profits of such property caused by the exercise of the powers conferred by this Act.(3)No right to any such supply of water as is referred to in clauses (e), (f) and (g) of sub-section (i), in respect of a work or channel not in use at the date of the notification shall be acquired as against the State Government except by grant or under Part IV of the Indian Limitation Act, 1908, or under the Indian Easements Act, 1882 of the Central Legislature as adapted to Rajasthan.(4)No right to any of the advantages referred to in clauses (a), (b) and (c) of sub-section (1) shall be acquired as against, the State Government under Part IV of the Indian Limitation Act, 1908 or under the Indian Easements Act, 1882 of the Central Legislature as adapted to [the State of Rajasthan] [Substituted by Rajasthan Act 27 of 1957.].
