Section 73A in The Irrigation laws (Amendment) Act, 1964
73A. Schemes for compulsory construction of water courses. - (1) Where a Canal Officer especially authorised in this behalf by the State Government (hereinafter referred to as the "authorised Canal Officer"), is of opinion that although water for irrigation is available on any area, but nevertheless lands capable of being irrigated therefrom, are not being irrigated, or are being prevented from being irrigated for any reason, and he is further of opinion that in the interest of the general public it is necessary so to do, he may prepare a draft irrigation scheme providing for the construction of watercourses for the supply of irrigation water to the best advantage in such area :
Provided that, no scheme shall be prepared unless not less than fifty-one per cent, of the permanent holders of land in the area consent in writing to the preparation of such a scheme.(2)The draft scheme shall contain the following particulars, that is to say,-(i)the area to which the scheme applies;(ii)the proposed water-courses, and the most suitable alignment thereof;(iii)the approximate area which is likely to be needed for the construction of the water-course, the land which it is necessary to occupy for the construction of the water-course and the plan indicating the land;(iv)the lands, if any, to be acquired for the purposes of the water-course and the nature of any right or interest therein, which is to be extinguished, and approximate cost of such acquisition;(v)the survey numbers and acreage of each of the lands to be benefited by the water-course; and the names of the permanent holders thereof;(vi)the canal from which water is to be carried to the water-course;(vii)the period within which each permanent holder of land in the area mentioned in item (v) may construct either jointly or severally a water-course for carrying water from the canal to his land;(viii)the approximate cost of construction of the watercourse;(ix)the extent of the liability of each permanent holder of land for the construction of the water-course;(x)such other particulars as may be prescribed by rules.(3)The authorised Canal Officer shall publish the draft scheme in the Official Gazette, and shall also publish it in the manner prescribed in every village through which the watercourse is proposed to be taken, together with a notice calling upon the permanent holders of land and all persons affected by the scheme, to submit to him in writing their suggestions or objections within such period as may be specified in the notice.(4)As soon as may be after the expiry of the period specified in the notice, the authorised Canal Officer shall, after considering the suggestions and objections, if any, received under sub-section (3),-(a)sanction the draft scheme with or without modification;(b)publish the sanctioned scheme (to be called the "final scheme") by notification in the Official Gazette, and in such other manner as may be prescribed by rules; and(c)send a copy of the notification so published to the Collector, and to the State Government.
