Legal Guidelines for Constructing Water Courses and Pipelines

The establishment and maintenance of water courses and pipelines are crucial for irrigation in agricultural lands. Farmers often need to lay pipelines or construct water courses to transport water from sources like wells and canals, sometimes across lands owned by others, which can lead to disputes. Here's a detailed exploration of the processes and legal frameworks governing these constructions:

The Maharashtra Land Revenue Code, 1966, particularly Section 49, along with The Maharashtra Land Revenue (Construction of Water Course) Rules, 1967, lay down the legal provisions for the construction of water courses through another person's land. These rules ensure that all parties' rights are considered and preserved during the construction process.

A farmer needing to construct a water course or lay a pipeline through neighboring lands must apply to the Tahsildar using a specified form. This application must include:

• A copy of the 7/12 extract of all affected lands.
• A rough map of the proposed water course.
• Details of the water source and the necessity for the construction through neighboring lands.

Upon receiving an application, the Tahsildar notifies all concerned parties and conducts a hearing. Decisions are made considering the minimum possible disruption to the neighboring lands and ensuring the equitable distribution of water resources.

The guidelines for constructing water courses or pipelines include:

• The path of the water course should cause the least disruption.
• Pipelines must be buried at least half a meter deep.
• The width of any water channel must not exceed 1.5 meters.
• Reasonable compensation or rent is determined for land used or affected by the water course.

If the construction damages crops or property, the farmer responsible for the construction must compensate the affected landowners. This compensation is enforceable as arrears of land revenue if not paid voluntarily.

After construction, the land must be restored to its original condition at the expense of the person laying the pipeline or constructing the water course.

Decisions by the Tahsildar can be revised by the Collector if injustice is alleged. However, these decisions are generally not subject to appeal in civil courts to prevent legal delays and facilitate quick resolution at the local level.

Destruction of water courses or pipelines can result in fines under the Maharashtra Land Revenue Code, reinforcing the importance of maintaining these essential agricultural infrastructures.