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20. Publication of statement showing lands benefited.

  1. As soon as may be after the publication of the notification under sub-section (2) of section 8 in respect of an irrigation work, the Irrigation Officer shall prepare a statement in the prescribed form showing the lands benefited or capable of being benefited by such irrigation work, the nature of the crops cultivated or proposed to be cultivated by the owners in such lands and the general pattern of cropping adopted or proposed to be adopted in those lands.
  2. In the case of an irrigation work commissioned partly or fully before the commencement of this Act or acquired partly or fully by the Government before such commencement, the Irrigation Officer shall, as soon as may be after such commencement, prepare in the prescribed form a statement of the lands benefited or capable of being benefited by such irrigation work, containing the particulars mentioned in sub-section (I),
  3. The Irrigation Officer shall send sufficient copies of the statements prepared under sub-section (1) or sub-section (2) to the Tahsildar, and thereupon the Tahsildar shall cause the statements to be published in the Taluk Office and the concerned village offices and also serve notice on the owners of the lands included in the statement requiring them to file objections, if any, in respect of the inclusion of such lands and the particulars of such lands in the statement, to the Tahsildar within a period of one month from the date of receipt of the notice :
    Provided that where the lands benefited or capable of being benefited by an irrigation work are situated in more than one taluk, the statement shall be sent to the Tahsildar of the taluk in which the major portion of such land is
    situated:
    Provided further that if any dispute arises regarding the taluk in which the major portion of such lands is situated, such dispute shall be referred to the Government and the decision of the Government thereon shall be final.
  4. The objection in pursuance of a notice under sub-section (3) shall be confined to any one or more of the following grounds, namely:
    1. that the land or any portion thereof is not benefited or capable of being benefited by the irrigation work;
    2. that the person shown as owner of a land is not the owner thereof;
    3. that the area or any other particulars therein including the nature of crop or crops cultivated or proposed to be cultivated therein is wrong;
    4. that there exist any other fact materially affecting the lands included in the statement.
  5. The Tahsildar shall consider the objections and, after holding such enquiry as lie deems necessary and giving the objector an opportunity of being heard, make an order within three months from the date of receipt of the objections, either rejecting the objections or excluding the land or portion thereof from the statement or making other necessary modifications therein.
  6. An order passed under sub-section (5) shall be communicated to the objector in such manner as may be prescribed,
  7. Any person aggrieved by an order under sub-section (5) may appeal in such manner as may be prescribed to the Collector within sixty days from the date of receipt of the order and such appeal shall be decided by the Collector within two months from the date of receipt of the appeal and the decision of the Collector thereof shall be final.
    Explanation.—A land shall be deemed to be capable of being benefited irrespective of the non-enjoyment of the benefit, if such non-enjoyment is solely due to any act or omission on the part of the owner of that land.