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8. Damage for which compensation shall not be awarded.-

No compensation shall be awarded for any damage caused by-

(a) stoppage or diminution of percolation or floods;

(b) deterioration of climate or soil;

(c) stoppage of navigation, or of the means of drifting timber or watering cattle;

(d) displacement of labour.

1. Cf. definition in the General Clauses Act, 1897 (10 of 1897), s. 3 (11).

Matters in respect of which compensation may be awarded.-

But compensation may be awarded in respect of any of the following matters:-

(e) stoppage or diminution of supply of water through any natural channel to any defined artificial channel, whether above or underground, in use at the date ofthe said notification;

(f) stoppage or diminution of supply of water to any work erected for purposes of profit on any channel, whether natural or artificial, in use at the date of the said notification;

(g) stoppage or diminution of supply of water through any natural channel which has been used for purposes of irrigation within the five years next before the date of the said notification;

(h) damage done in respect of any right to a water-course or the use of any water to which any person is entitled under the 1Indian Limitation Act, 1877 (15 of 1877), Part IV;

(i) any other substantial damage, not falling under any of the above clauses (a), (b), (c) or (d), and caused by the exercise of the powers conferred by this Act, which is capable of being ascertained and estimated at the time of awarding such compensation.

In determining the amount of such compensation, regard shall be had to the diminution in the market-value, at the time of awarding compensationof the property in respect of which compensation is claimed; and, where such market -value is not ascertainable, the amount shall be reckoned attwelve times the amount of the diminution of the annual net profits of such property caused by the exercise of the powers conferred by this Act.

No right to any such supply of water as is referred to in clauses (e), (f) or (g) of this section, in respect of a work or channel not in use at the date ofthe notification, shall be acquired as against the State Government, except by grant or under the 1Indian Limitation Act, 1877 (15 of 1877), Part IV; and no right to any of the advantages referred to in clauses (a), (b) and (c) of this section shall be acquired, as against the State Government, under the same Part.



Northern India Canal and Drainageact, 1873 Back




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