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8 Manual Of Land Laws

THEC ANAL AND

DRAI NAGE

ACT, 1873
ACT No. VIII OF

187311th February, 1873 An Act to regulate Irrigation,

Navigation and Drainage Preamble. WHEREAS , throughout the territories

to which this Actextends, [the Provincial Government] is entitled to

use and control for publicpurpos es the water of all rivers and streams

following in natural channels, and ofall lakes and other natural

collections of still water; and whereas it is expedient toamend the

law relating to irrigation, navigation and drainage in the saidterritorie

s; it is hereby enacted as follows:--

PART IPRELIM INARY

1. Short title.

This Act may be called the Canal and Drainage Act,1873.

Local extent. It extends to [the Punjab]; and applies to all lands, whetherp e r

manmpor arily settled, or free from revenue.e

ntly settled, te 2.
1

[Repealed]L egal

Amendment s
1. Rep. by the Repealing Act, 1873 (XII

of 1873), S. 1 and Sch., Pt. II.

3. Interpretatio n-clause.

In this Act, unless there be somethingre pugnant in

the subject or context: Canal and Drainage Act,1873 9 (1)

Canal Canal includes-(a) all canals, channels and reservoirs

constructed, maintained orcontrolled by [the Provincial Government]

for the supply orstorage of water;(b) all works, embankment

s, structures, supply and escape channelscon nected with such canals,

channels or reservoirs;(c) all water courses as defined in the second

clause of this section;(d) all parts of a river, stream, lake or natural

collection of water ornatural drainagechannel, to which the

[Provincial Government] has applied the provisions of

Part II of this Act;(2) Watercourse Watercourse means any

channel which is suppliedwith water from a canal, but which is not

maintained at the cost of [theProvinci al Government] , and all

subsidiary works belonging to any suchchannel; (3)

Drainagework Drainagework includes escape-

channels froma canal, dams, weirs, embankment s, sluices, groins and

other works for theprotection of a lands from flood or from erosion,

formed or maintained by [theProvinci al Government]

under the provisions of Part VII of this Act, but does notinclude

works for the removal of sewage from towns:(4) Vessel

Vessel includes boats, rafts, timber and other

floatingbodie s:(4.A) Board of Revenue means the Board of

Revenue establishedu nder the west Pakistan Board of Revenue

Act, 1957( West Pakistan Act XI of1957);(5)

Commissio ner . Commission er means a Commission

er of adivision, and includes any offer appointed under this

Act to exercise all or any ofthe powers of a Commission er:(6)

Collector. Collector means the head revenueofficer of a

districtand includes a Deputy Commission er or other officer

appointed under this Actto exercise all or any of the

powers of a Collector.(7) Canalofficer. Canalofficer

means an officer appointed underthis Act to exercise

control or jurisdiction over a canal or any part thereof:

Superintend ing Canalofficer. Superintend ing Canal-

officer means anofficer exercising general control over

a canal or portion of a canal: Divisional Canalofficer.

Divisional Canalofficer means an officerexerci sing control

over a division of a canal: Subdivisional

Canalofficer. Subdivisional Canalofficer

means anofficer exercising control over a sub-

division of a canal:(8) District. District means a district as

fixed for revenuepurposes. 10 Manual Of Land Laws

(9) Canal Outlet means a work which passes water

from a canal,includi ng a tubewell, to a water-course and is

constructed, maintained orcontrolled by Government and(10)

Internal khal means any channel supplied with water

from acourse for watering fields. 4. Power to appoint officers.

The [Provincial Government] mayfrom time to time declare, by

notification in the official Gazette, the officers bywhom, and -the

local limits within which, all or any of the powers or dutieshereina

fter conferred or imposed shall be exercised or performed.A

ll officers mentioned in section 3, clause (7), shall be respectively

subjectto the orders of such officers as the Provincial Government

from time to timedirects. 4.A Constitution of irrigation

committees.The ProvincialGo vernment may from

time to time, by notification in the official Gazette,cons titute

irrigation committees comprising of not less than three members

fromamongst the local cultivators for each outlet, or group of

outlets and for a canalor portion of canal, for the assistance of the canal

officers for matters mentionedin Section 70 of this Act.

PART II

OF THE APPLICAT ION OF WATER FOR

PUBLIC PURPOSE S
5. Notification to issue

when water supply is to be applied forpublic purposes.

Where it appears expedient to the [Provincial Government]

that the water of any river or steam flowing in a natural

channel, or of any lakeor other natural collection of still water, should be

applied or used by [theProvincia l Government] for the

purpose of any existing or projected canal orDrainagework, the

[Provincial Government] may, by notification in the officialGazet

te, declare that the said water will be so applied or used after a day to

benamed in the said notification, not being earlier than three months

from the datethereof. 6. Powers of Canalofficer.

At any time after the day so named, anyCanalofficer, acting under

the orders of the [Provincial Government] in this

Canal and Drainage Act,1873 11 behalf, may enter on any land and

remove any obstructions, and may close anychannels, and do any

other thing necessary for such application or use of the saidwater.

7. Notice as to claim for compensatio n. As soon as is practicableaf

ter the issue of such notification, the Collector shall cause public notice

to begiven at convenient places, stating that [the Provincial

Government] intends toapply or use the said water as aforesaid,

and that claims for compensatio n inrespect of the matters

mentioned in section 8 may be made before him. 8. Damage for which

compensatio n shall not be awarded. (1) Nocompensa tion 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

orwatering cattle;(d) displacement of labour.(e) stoppage or diminution

of supply of water through any naturalchann el to any defined

artificial channel, whether above orundergrou nd, in use at

the date of the said notification;( f) stoppage or diminution

of supply of water to any work erectedfor 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 naturalchann el which has been used for purposes of

irrigation within thefive years next before the date of the said

notification;( h) damage done in respect of any right to a water-course

or the useof any water to which any person is entitled under the

IndianLimi tation Act, (XV of 1877) Part IV;(2) 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 dateof the notification,

shall be acquired as against [the Provincial Government! ,except by

grant or under the Indian Limitation Act, (XV of

1877), Part IV; Old section

8. Damage for which compensation

shall not be awarded. Nocompensati on 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 wateringcattle;

12 Manual Of Land Laws

(d) displacement of labour.

Matters in respect of which compensation may be awarded.

But compensation may be awarded in respect of any of the following

matters:-(i) any other substantial damage, not falling under any of the above

clauses(a), (b), (r) or (d), and caused by the exercise of the powers conferred by this Act,

which iscapable of being ascertained and estimated at the time of awarding such

compensation. In determining the amount of such compensation, regard shall be had to

thediminution in the marketvalue, at the time of awarding compensation, of the

property inrespect of which compensation is claimed; and, where such market-

value is notascertainab le, the amount shall be reckoned at twelve times the amount of

thediminution of the annual net profits of such property caused by the exercise of thepowers

conferred by this Act.and no right to any of the advantages referred to in clauses (a), (b)

and (c) of thissectionshal l be acquired, as against [the Provincial Government]

under the same Part.

9. Limitation of claims.

No claim for compensatio n for any suchstoppage , diminution or damage

shall be made after the expiration of one yearfrom such

stoppage, diminution or damage unless the Collector is satisfied

thatthe claimant had sufficient cause for not making the

claim within such period. 10. Enquiry into claims and amount of

compensatio n. The Collectorpro ceed to enquire into

any such claim, and to determine the amount ofcompensati on, if any,

which should be given to the claimant; and sections 9 to 12(inclusive)

, 14 and 15, 18 to 23 (inclusive), 26 to 40 (inclusive), 51, 57, 58

and 59 ofthe land Acquisition Act, (X of 1870), shall

apply to such inquiries: Provided that, instead of the last clause of

the said Section 26, thefollowing shall be read:The provisions of

this section and of section 8 of the Canal and DrainageAct,

(VIII of 1873), shall be read to every assessor in a language

which heunderstand s, before he gives his opinion as to the amount

of compensatio n to beawarded. 11. Abatement

of rent on interruption of watersupply. Everytenant holding

under an unexpired lease, or having a right of occupancy,

who isin occupation of any land at the time when any stoppage or

diminution of watersupply, in respect of which compensatio

n is allowed under section 8, takes place,may claim an abatement of

the rent previously payable by him for the said land,on theground

that the interruption reduces the value of the holding.

12. Enhancemen t of rent on restoration of watersupply.

If a watersupply increasing the value of such holding is afterwards

restored to the saidland, the rent of the tenant may be enhanced, in

respect of the increased value ofsuch land due to the restored water-

supply, to an amount not exceeding that atwhich it stood immediately

before the abatement. Canal and Drainage Act,1873 13

Such enhancement shall be on account only of the restored

watersupply,and shall not affect the liability of the tenant to

enhancement of rent on any othergrounds .

13. Compensatio n when due. All sums of money payable

forcompensa tion under this Part shall become due three months after

the claim forsuch compensatio n is made in respect of the stoppage,

diminutation or damagecomp lained of,Interest, and simple

interest at the rate of six per cent per annum shall be allowedon any such

sum remaining unpaid after the said three months, except where

thenonpayment of such sum is caused by the wilful neglect or

refused of theclaimant to receive the same.

PART III

ON THE CONSTRU CTION AND MAINTEN

ANCE OF WORKS
14. Power to enter and survey, etc.

Any Canalofficer, or otherperson acting under the general or special

order of a Canalofficer, may enterupon any lands adjacent to

any canal, or through which any canal is proposed tobe made,

and undertake surveys or leaves thereon;and dig and bore

into the subsoil;and make and set up suitable land-marks, level-marks,

and watergauges;and do all other acts necessary for the proper

prosecution of any enquiryrelati ng to any existing or projected

canal under the charge of the said Canalofficer;

Power to clear land. And, where otherwise such enquiry cannot

becompleted, such officer or other person may cut done and clear away

any part ofany standing crop, fence or jungle; Power to

inspect and regulate watersupply.And may also enter upon

any land, building or water-course on account ofwhich any water-rate is

chargeable, for the purpose of inspecting or regulatingthe use of the

water supplied, or of measuring the lands irrigated thereby

orchargeable with a waterrate, and of doing all things necessary for

the properregulat ion and management of such canal:

Notice of intended entry into houses. Provided that, if such

Canalofficeror person proposes to enter into any building

or enclosed Court or gardenattach ed to a dwelling house not

supplied with water following from any canalhe shall previously

give the occupier of such building, Court or garden at

leastseven days notice in writing of this intention to do so.

14 Manual Of Land Laws Compensatio n for damage

caused by entry. In every case of entry underthis section, the

Canal-officer shall, at the time of such entry, tendercompe nsation for

any damage which may be occasioned by any proceedingu

nder this section; and, in case of dispute as to the sufficiency

of the amount sotendered, he shall forthwith refer the

same for decision by the Collector, andsuch decision

shall be final. 15. Power to enter for repairs and

to prevent accidents. In case ofany accident happening or being

apprehended to a canal any Divisional Canal-officer or any

person acting under his general or special orders in this behalf

mayenter upon any lands adjacent to such canal, and may

execute all works whichmay be necessary for the purpose of repairing

or preventing such accident. Compensatio n for damage to land.

In every such case such Canalofficeror person shall tender

compensatio n to the proprietors or occupiers of the saidlands for

all damage done to the same. If such tender is not accepted, the Canal-officer

shall refer the matter to the Collector, who shall proceed to

awardedcom pensation for the damage as though the [Provincial Government]

haddirected the occupation of the lands under section 43 of the

Land Acquisitionct , (X of 1870).A 16. Application

by persons desiring to use canalwater. Any personsdesiri

ng to use the water of any canal may apply in writing to the Divisional

orSubdivisional Canal-officer of the division or sub-division

of the canal fromwhich the watercourse is to be supplied, requesting

such officer to construct orimprove a water-course at the cost of

the applicants. Contents of application. The application

shall state the works to beundertaken , their approximate estimated

cost, or the amount which theapplicants are willing to pay for

same, or whether they engage to pay the actualcost as settled by the

Divisional Canalofficer, and how the payment is to bemade.

Liability of applicants for cost of works. When the assent of

theSuperinte nding Canalofficer is given to such application, all the

applicants shall,after the application has been duly attested

before the Collector, be jointly andseverally liable for the cost of such

works to the extent mentioned therein. Recovery of amount due.

Any amount becoming due under the terms ofsuch application,

and not paid to the Divisional Canalofficer, or the

personauthor ised by him to receive the same, on or before the date on

which it becomesdue, shall, on the demand of such officer, be

recoverable by the Collector as if itwere an arrear of

landrevenue. 17. Government to provide means of

crossing canals. There shall beprovided, at the cost of [the

Provincial Government] , suitable means of crossing

Canal and Drainage Act,1873 15 canals constructed or

maintained at the cost of [the Provincial Government] , atsuch

places as the [Provincial Government] thinks necessary for the

reasonableco nvenience of the inhabitants of the adjacent

lands.On receiving a statement in writing, signed by not less than five

of theowners of such lands, to the effect that suitable crossing

have not been providedon any canal, the Collector shall cause

enquiry to be made into the circumstance sof the case, and if he

thinks that the statement is established, he shall report

hisopinion thereon for the consideration of the [Provincial

Government] and the[Provinci al Government] shall such

measures in reference thereto to be taken asit thinksproper.

18. Persons using watercourse to construct works for passing

wateracross roads, etc. The Divisional Canal-officer may issue

any order to the persons usingany water-course to construct suitable

bridges, culverts or other works for thepassage of the water

of such water-course across any public road, canal ordrainage-

channel in use before the said water-course was made, or to repair

anysuch works.Such order shall specify a reasonable period within

which suchconstruc tion or repairs shall be completed;

If they fail, Canalofficer may construct. And if, after the receipt of

suchorder, the persons to whom it is addressed do not, within the said

period,constr uct or repair such works to the satisfaction of the said

Canalofficer, hemay, with the previous approval of the

Superintendi ng Canalofficer, himselfconst ruct or repair the same;

And recover cost. And if the said persons do not, when so required,

paythe cost of such construction or repairs as declared by the

Divisional Canalofficer, the amount shall, on the demand of

the Divisional Canalofficer, berecoverabl e from them

by the Collector as if it were an arrear of landrevenue.

19. Adjustment of claims between persons jointly using

watercourse. If any person, jointly responsible

with others for the construction ormaintenan ce of a water-

course, or jointly making use of watercourse withothers;

neglects or refuses to pay his share of the cost of such construction

ormaintenan ce, or to execute his share of any work necessary for

such construction or maintenance, the Divisional or

Subdivisional Canalofficer, on receiving anapplication

in writing from any person injured by such neglect or refusal,

shallserve notice on all the parties concerned that, on the expiration of

a forthnightfro m the service, he will investigate

,he case; and shall, on the expiration of thatperiod, investigate the case

accordingly, and make such order thereon as to himseems fit.

16 Manual Of Land Laws Such order shall be appealable to

the [Commission er], whose orderthereon shall be final.

Recovery of amount found due. Any sum directed by such order to

bepaid within a special filed period may, if not paid within such

period, and if theorder remains in force, be recovered by the

Collector, from the person directed topay the same, as if it

were an arrear of landrevenue. 20. Supply of water

through intervening water-course or change ofsource of

water supply.--Whenever application is made to a Divisional

Canalofficer for a supply of water from a canal thought water course

or change ofsource of water supply of any land and be considers it

expedient, shall givenotice to all persons interested including the

land owners through whose landany link watercourse is to pass to

show cause on a day not less than fourteendays from the date of such

notice why the said supply should not be so conveyedor

the source of supply be chanced: and after making enquiry on such day

theDivisional canal officer shall determine, whether and on what

conditions the saidsupply shall be conveyed through such

water course or that the source of watersupply shall be changed or

the link water course shall be aligned andconstruct ed, After the

expiry of thirty days of the announceme nt of the decisionof

the divisional canal officer, if no objection is received and

after giving dueopportuni ty of hearing if an objection is received, the

superintendi ng Canalofficer may confirm or modify that decision

The decision of the superintendi ngcanal officer shall be binding

on the applicant, the persons responsible for themaintenan

ce of the said water course, all the persons affected by the change

ofsource of water supply, and the land owners through whose land

the link watercourse shall pass.Such applicant shall not be

entitled to use the said water course until hehas paid the expenses of

alteration of such water course necessary in order to hisbeing

supplied through it, and also such share of the first cost of such

watercourse as the divisional or superintende nt canal of officer may

determine.Th e applicant shall not be entitle to use the link water course

if any until(a) he has paid to the land owner the compensatio

n for the land occupied by suchlink wart course in whatever shape if it is

determined through mutual agreementor (b) possession of

land for the said link water course has been acquired underthe

provisions of this Act.Such applicant shall also be liable for his share of cost

of maintenance ofhe water course as long as he uses it.

Old Section Canal and Drainage Act,1873 17

20. Supply of water through

intervening water-course. Wheneverappl ication is made to a Divisional Canal-officer

for a supply of water from a canal, andit appears to him expedient that such supply should be

given and that it should beconveyed through some exiting watercourse, he shall give

notice to the personsrespon sible for the maintenance of such watercourse to show cause, on a

day not lessthan fourteen days from the- date of such notice, why the said supply should

note be soconveyed: and, after making enquiry on such day, the Divisional

Canal-officer shalldetermine whether and on what conditions the said supply shall be

conveyed throughsuch watercourse.When such officer determines that a supply

of canal-water may be conveyedthrou gh any watercourse as aforesaid, his decision shall,

when confirmed or modifiedby the Superintendin g Canalofficer, be

binding on the applicant and also on the personsrespon sible for the maintenance of the said

watercourse.Such applicant shall not be entitled to use such water-course until he has

paid theexpense of any alteration of such watercourse necessary in order to his

being suppliedthrou gh it, and also such share of the first cost of such watercourse as the

Divisional orSuperintendi ng Canalofficer may determine.Suc h applicant shall also be

liable for his share of the cost of maintenance of suchwatercour

se so long as he uses it.

20.A Special powers of Divisional Canal

officer to initiate casesunder Section 20.---

Whenever Government considers it expedient for a specificpurp

ose to empower a Divisional Canal Officer to undertake

proceedings undersection 20 on his own initiative it may confer

such a power by a general orspecial order issued on that behalf;

20.B Cutting of supply for any land out being irrigated at site.----

(1)Whenever , on an application or otherwise , the divisional

Canal officer considersit expedient to terminate the water supply or any land

which cannot be used foragricultur e or has become unirrigable, he

shall give notice of not less thanfourteen days to the land owners

and the persons responsible for themaintenan ce of the

water-course through which such supply is conveyed, toshow cause

why such supply should not be cut of, and after making enquiry,

thesaid Canal Officer may pass orders to stop the complete or

partial supply ofwater.(2) After the expiry of thirty days of

the announceme nt of thedecision by the Divisional

Canal officer, if no objection is received and aftergiving the

opportunity of hearing, if any objection is received, thesuperinten

ding Canal Officer may confirm or modify it. The decision of

theSuperinte nding Canal Officer shall be final and binding on

the parties concerned. 18 Manual Of Land Laws

21. Application for acquisition of land and construction

of worksthereaf ter.--Whenever it is considered necessary to

acquire land forconstructi on of a link water-course sanctioned under

Section20, or Section 68 ordeposit of soil from a water-course clearances

permitted under Section 68 andtransfer of an exsting water course

sanctioned under Section 23, the interestedper son may

apply in writing to the Divisional Canal Officer stating---(i)

that he has endeavoured unsuccessfull y to acquire, from theowners of

the land through which he desires such water-course topass, a

right to occupy so much of the land a will be needed forsuch

watercourse;(ii) that he desires the said Canalofficer, in his

behalf and at his cost,to do all things necessary for acquiring such land;

and(iii) that he is able to defray all costs involved in acquiring

such landand constructing such watercourse with connected works.

Old Section
21. Application for construction of new watercourse.

Any person desiringthe construction of a new watercourse may apply in writing to the

Divisional Canal-officer, stating-(a) that he has endeavoured unsuccessfully to acquire,

from the owners ofthe land through which he desires such water-course to pass, a right

tooccupy so much of the land a will be needed for such watercourse;(b) that he desires the

said Canalofficer, in his behalf and at his cost, to doall things necessary for acquiring such

right;(c) that he is able to defray all costs involved in acquiring such right andconstructin

g such watercourse.

22. Procedure of Canal-

officer thereupon. If the Divisional Canal-officer considers-

(a) that the construction of such water-course is expedient, and(b) that

the statements in the application are true,he shall call

upon the applicant to make such deposit as the DivisionalCa

nal-officer considers necessary to defray the cost of the preliminaryp

roceedings, and the amount of any compensatio n which he

considers likely tobecome due under section 28;and, upon

such deposit being made, he shall cause enquiry to be madeinto the

most suitable alignment for the said watercourse, and shall mark

out theland which, in his opinion, it will be necessary to occupy for

the constructiont hereof, and shall forthwith publish a

notice in every village through which thewatercourse is

proposed to be taken, that so much of such land as belongs tosuch

village has been so marked out, and shall send a copy of such

notice to theCollector of every district in which any part of such

land is situate. Canal and Drainage Act,1873 19 23.

Application for transfer of existing watercourse.

Wheneverap plication is made to a Divisional Canal officer for transfer

of an existing water-course from its present owner to the

applicant, and it appears to him expedientthat such transfer

should be made in the interest of irrigation, hi shall give noticeto the

person owing such water-course to show cause, on a day not less

thanfourteen days from the date of such notice, why the said water course

should notbe so transferred, and after making enquiry on

such day, the Divisional Canalofficer shall determine whether and

on what conditions the said watercourseshall be

transferred.A fter the expiry of thirty days of the announceme

nt of the decision of thedivisional Canal officer, if no objection is

received and after giving dueopportuni ty of haring, if any objection is

received, the Superintendi ng CanalOfficer may confirm or modify

that decision. The decision of the superintendi ngcanal officer shall

be final and binding on the parties concerned.T he applicant shall not be

entitled to use the said water course, until----(a) he has paid to the owner

the compensatio n thereof in whateversha pe it is determined

through mutual agreement; or(b) Possession of the water

course has been acquired under theprovisions of this Act.

Old Section
23. Application for transfer of existing water-course.

Any person desiringthat an existing watercourse should be transferred from its present owner

to himselfmay apply in writing to the Divisional Canal-officer, stating-(1) that he has

endeavoured unsuccessfully to procure such transfer fromthe owner of such watercourse;(2) that

he desires the said Canalofficer, in his behalf and at his cost, to doall things necessary for

procuring such transfer;(3) that he is able to defray the cost of such transfer.

Procedure thereupon. If the Divisional Canal-officer considers-(a) that the said

transfer is necessary for the better management of theirrigation from such water-course,

and(b) that the statements in the application are true.he shall call upon the applicant to make such

deposit as the Divisional Canal-officer considers necessary to defray the cost of the

preliminary proceedings, and theamount of any compensation that may become due

under the provisions of section 28 inrespect of such transfer;and upon such

deposit being made, he shall publish a notice of the application inevery village, and

shall send a copy of the notice to the Collector of every district throughwhich

such watercourse passes.

20 Manual Of Land Laws

24. Objections to construction or transfer

applied for.-Notwithstand ing anything to the contrary

contained in the land Acquisition Act,1894 or any other law for the

time being in force all land within the provinceshall be liable to acquisition at

any time under this Act for constructing a watercourse

or an internal khal. Old Section

24. Objections to construction

or transfer applied for.--Within thirty daysfrom the publication of a notice under section 22 or

section 23, as the case may be, anyperson interested in the land or water-course to which the

notice refers may apply to theCollector by petition, stating his objection to the

construction or transfer for whichapplicati on has been made.The Collector may either reject

the petition or may proceed to inquire into thevalidity of the objection, giving previous

notice to the Divisional Canal-officer of theplace and time at which such inquiry will be

held.The Collector shall record in writing all orders passed by him under this

sectionand the grounds thereof.Any person interested in the land, or the water-

course to which the notice refers,has a right to life objections and therefore the

occupancy tenants of a land over which theproposed right to object to the

construction of a water-course through that land althoughthat land although the are not the

owner of the land.

25. When applicant may be

placed in occupation. (1) Withinfourte en days of the

publication of the notice under Section 22, any personinteres

ted in the land to which the notice refers, may apply to the

superintendi ngcanal officer by petition, stating his objection to

the acquisition of land for whichthe application has been

made.The superintendi ng canal officer may either reject the petition

or maymake alteration in the alignment of the proposed water-course

as he thinks fitafter hearing the Divisional canal officer or his

representativ e and the applicationor interested person by giving them

previous notice.Notwi thstanding anything to the finality of orders

made under section 20,Section 23 and Section 68, the alteration

made under this section by thesuperinten ding canal officer shall

be construed as modification made in theorders already made

under the above said Sections to the extent of orders passedunder

this section.The superintendi ng canal officer shall record in

writing all orders passedby him under this Section and grounds

thereof the orders of the superintendi ngcanal officer shall be final and

binding on all the parties.

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Canal & Drainage Act 1873

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