Section 85(2) in Kerala Irrigation and Water Conservation Act, 2003
(2)Whoever abstracts or diverts water from a watercourse in violation of the provisions of section 4 or section 5 shall be liable to pay, in addition to the penalties that may be imposed on him, by or under this Act, such amount of water charges as the Collector may on a report of the Irrigation Officer determine, for the water so abstracted or diverted:Provided that no water charges under sub-section (1) or sub-section (2) shall be determined without giving the person affected thereby a written notice specifying the proposed amount of water charges and giving him an opportunity of being heard.
