Section 27 in The Haryana Canal and Drainage Act, 1974
27. Power to stop water supply and compensation.
- Such contracts and rules must by consistent with the following conditions :(1)The Divisional Canal Officer may not stop the supply of water to any watercourse; or to any person, except in the following cases :-(a)whenever it is necessary to stop such supply for the purpose of executing any work ordered by the competent authority and with the previous sanction of the Superintending Canal Officer;(b)whenever and so long as any watersource is not maintained in such proper customary repair so as to present the wasteful escape of water therefrom;(c)within periods fixed from time to time by the Divisional Canal Officer;(d)whenever water is not used for the purpose for which it was being supplied.(e)[ Whenever water is used by any person in an unauthorised manner, the supply thereof to such person on his next two turns, shall be stopped. [Inserted vide Haryana Act No. 8 of 1988.]Explanation. - Stoppage of supply of water under clause (e) shall not in any way affect the recovery of any charges for such unauthorised use of water or any penalities incurred on account of such use under this Act or any penalties or punishment which may be imposed under any other law for the time being in force.](2)No claim shall be made against the State Government for compensation in respect of loss caused by the failure or stoppage or reduction of water in the canal by reason of any cause beyond the control of the State Government or of any repairs, alterations or additions to the canals or of any measures taken for regulating the proper flow of water therein or for maintaining the established course of irrigation which the Divisional Canal Officer considers necessary but the person suffering such loss may claim such remission of the ordinary charges payable for the use of the water as is authorised by the State Government.(3)If the supply of water to any land irrigated from a canal be interrupted otherwise than in the manner prescribed in sub-section (2) the occupier or owner of such land may present a petition for compensation; to the Collector for any loss arising from such interruption and the Collector may award to the petitioner reasonable compensation for such loss.(4)When the water of a canal is supplied for the irrigation of a single crop, the permission to use such water shall be held to continue only until that crop comes to maturity, but if it be supplied for irrigating two or more crops to be raised on the same land within the year, such permission shall be held to continue for one year from the commencement of the irrigation and to apply to such crops only as matured within that year.(5)If any written contract or agreement for the supply of canal water has been made in which the period has not been specifically mentioned, it shall be deemed to have been made for one year unless such contract or agreement is renewed for another year :Provided that a contract or agreement executed before the commencement of this Act, shall, if a period of one year or more has already expired, cease to have effect on the date of commencement of this Act.(6)No person, entitled to use the water of any canal or any work, building or land appertaining to any canal, shall sell or sublet or otherwise transfer his right to such use, without the permission of the Superintending Canal Officer:Provided that the aforesaid provision shall not apply to the use by a cultivating tenant, the water supplied to the owner for the irrigation of the land held by such tenant :Provided further that all contacts made between the State Government and the owner or occupier of any immovable property as to the supply of canal water to such property shall be transferable therein and shall be presumed to have been so transferred whenever a transfer of such property takes place.(7)No right to the use of the water of a canal shall be, or be deemed to have been acquired under the Limitation Act, 1963, Part IV, nor shall the State Government be bound to supply any person with water except in accordance with the terms of a contract in writing.(8)Where the supplies are made under some contract or agreement for specified purposes the Divisional Canal Officer may stop such supplies after giving notice to the person concerned and after affording him an opportunity of being heard, on the ground that there is breach of contract or agreement or the water is needed for public purposes by the State Government.
