Section 42 in The Maharashtra Irrigation Act, 1976
42. Settlement of disputes as to mutual rights and liabilities of persons interested in field channels.
(1)Whenever a dispute arises between two or more persons in regard to their mutual rights or liabilities in respect of the use, construction or maintenance of a field-channel, or among joint owners of a field channel, as to their respective shares of the expense of constructing or maintaining such field-channel, or as to the amounts severally contributed by them towards such expense, or as to failure on the part of any owner to contribute his share, a person interested in the matter of such dispute may apply in writing to a Canal Officer duly empowered to receive such application, stating the matter in dispute.(2)The Canal Officer shall thereupon give notice to the other persons interested that on a day to be named in such, he will proceed to inquire into the said matter.(3)If all the persons interested consent in writing to his being the arbitrator, the Canal Officer may pass such order thereon as he thinks fit.(4)Failing such consent, the Canal Officer shall transfer the matter to the next superior Canal Officer who shall enquire into it and pass such order thereon as he thinks fit.(5)No order which adversely affects the interests of any party to the dispute shall be made unless such party is given a reasonable opportunity of being heard.
