Section 40 in The Himachal Pradesh Minor Canals Act, 1976
40. Settlement of disputes.
(1)Save as provided in the preceding section, whenever a dispute arises between two or more persons in regard to their mutual rights and liabilities in respect of the ownership, construction, use or maintenance of a canal or water-course, and any such person applies in writing to the Collector stating the matter in dispute, the Collector shall give notice to the other person or persons interested that on a day to be named in such notice or any such day to which the proceedings may be adjourned, he will proceed to inquire info the matter in dispute.(2)Upon the day so named or any such subsequent day as aforesaid, the Collector shall proceed to hear and determine the dispute in the following manner, that is to say, -(a)if the dispute relates to the ownership of a canal or mutual rights of owners in the use of the water of such canal or the construction or maintenance of a canal or the payment of any share of the costs of such construction or maintenance or the distribution of the supply of water from a canal the Collector shall proceed as a revenue court under the provisions of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974) and the provisions of that Act regarding appeals, revision and reviews shall be applicable;(b)if the dispute relates to a water-course, the Collector shall hear and determine the case as a Revenue Officer and shall make such order thereon as to him seems fit, and such order shall, unless set aside on appeal to the Financial Commissioner, be conclusive as to use or distribution of water for any crop sown or growing at the date of such order. The order of the Financial Commissioner on appeal shall in every case be final.
