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State of Gujarat - Section

Section 9 in Gujarat Irrigation and Drainage Rules, 2014

9. Disposal of Application.

(1)The Canal Officer may after stating the reason in writing reject the application for a supply of water or sanction the supply applied for wholly or in part with modifications.
(2)Subject to such orders at the State Government may from time to time issue, the Executive Engineer may refuse sanction a supply of water for irrigation to any land under any of the forms prescribed in sub-rule (3) of rule 6 of such irrigation would, in his opinion lead to excessive of wasteful use of water, or cause, or contribute to cause, damage or injury to such land or any other land, or cause loss or injury to the cultivator of any other land, or he likely to produce condition dangerous to public health.
(3)The Executive Engineer may refuse to sanction a supply of water for the cultivation of any crop to any land within a distance of three meters from the boundary of any road, cart-track, open drain or well, if such supply would, in his opinion interfere with the use of, or cause damage to such road, cart-track, drain or well.
(4)The order passed under sub-rule (1), (2) or (3) shall be recorded on the application; the duplicate form of the application shall be endorsed with a copy of the order and delivered to the applicant.
(5)If the supply sanctioned is different from that applied for, the applicant may either withdraw his application, in which case the sanction given shall be cancelled or make a further application for a modification of the sanction. Such further application if sanctioned, shall not be deemed to be an application made after the prescribed date.
(6)If an applicant is in the arrears of water rates which became due before the date of the application, the application may be summarily rejected or sanction may be given provisionally subject to the condition that such arrears are paid before a specified date prior to the commencement of supply or applicant pays total water charges in advance of that irrigation season at the time of submission of an application.
(7)Sanction may be given provisionally subject to the condition that all amounts which have become due on account of water rates before the commencement of supply shall be paid before such commencement of supply and that if such amounts or advance total water rates of that irrigation season are not paid the sanction shall be liable to cancellation.
(8)If the Canal Officer has reason to doubt the authenticity of any signature of endorsement or the truth or accuracy of any of the information furnished in an application, he may postpone the passing of orders until he has made such inquiries as he deems necessary in order to ascertain the facts. In such case, he shall record reasons in writing for postponing the passing of order.