Section 11Damage for which compensation shall not be awarded

s. 11

11. 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 rafting timber or watering cattle. [Matters in respect of which compensation may be awarded] But compensation may be awarded in respect of any of the following matters:- (d) 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 of the issue of the notification under section 6; (e) 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; (f) 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; (g) 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 Limitation Act, 1908, Part IV; (h) any other substantial damage, not falling under any of the above clauses (a), (b) or (c), 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. [Compensation for loss of tolls lawfully levied] Notwithstanding anything contained in clause (c), compensation may be awarded in respect of the loss of any tolls which were lawfully levied on any river or channel at the time of the issue of the notification mentioned in section 6. [Diminution in market-value to be considered] In determining the amount of compensation under this section, regard shall be had to the diminution in the market value, at the time of awarding compensation of the property in respect of which compensation is claimed; and, where such market value is not ascertainable, the amount shall be reckoned at twelve 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 (d), (e) or (f) of this section in respect of a work or channel not in use at the date of the notification shall be acquired as against the Government, except by grant or under the Limitation Act, 1908, Part IV.