section 209
Subject to the provisions of section 10 and section 325, the Chief Municipal Maps of
Arunachal Pradesh Municipal Act, 2007Chapter VIII Chapter VIII
Executive Officer/ Municipal Executive Officer shall cause to be maintained underground water complete survey maps, drawings and descriptions or water supply mains, supply pipes, drains, supply-pipes, municipal drains, sewers, and connections thereto from all etc. premises in the municipal area. 210. (1) The Chief Municipal Executive Officer/Municipal Rights of user Rights of user of Executive officer may, either on his own or through o f property any other property for agency authorized by him in this behalf, for aqueducts, conduits, and line main aqueducts, lines, or pipes or drains over, under, along, or across any immovable property, etc. whether within or outside the limits of the municipal area’ without acquiring such
immovable property, and may, at any time, for the purpose of examining repairing’ altering or removing such aqueducts, conduits or lines of mains or pipes or drains' after giving a reasonable notice of his intention to do so enter on any such immovable property over, under, along or across which the aqueducts ,conduits, or lines of mains or Pipes or drains have been Placed : Provided that the Municipality or the other agency, as the case may be’ shall not acquire any right, other than right and a right of a user, in such property over, under, along or across which any aqueduct, conduit or line of mains or pipe or drain is placed:
- (2) The powers conferred under sub-section (1) shall not be exercise in respect of any property which is vested in the State Government or any local authority, or is under tire control or management of the Central Government or the railway Administration, save with the permission of the State Government or the railway administration, as the case may be, and in accordance with such regulations as may be made in this behalf: Provided that the Chief Municipal Executive officer/municipal Executive officer may without such permission, repair, renew or amend any existing works' the character or position of which is not to be altered, if such repair, renewal or amendment is urgently necessary in order to maintain, without interruption, tire supply of water, drainage, or disposal of sewage, or is such that any delay would be dangerous to health, human life or property.
- (3) In the exercise of the powers conferred on the Chief Municipal Executive Officer/ Municipal Executive Officer by this section, he, or any other agency authorized by him in this behalf, shall cause as little damage and inconvenience as may be possible, and shall make full compensation for any damage or inconvenience by him. 211. (1) If it appears to the Chief Municipal Executive officer/ Municipal Power of owner of Executive Officer that the only or the most convenient means of water supply to, premises to place and drainage of, any along or across the immovable property of another person, pipes and drains the Chief Municipal Executive Officer Municipal Officer may, by order in writing, through land authorize the owner of such premises to place or carry such pipe or drain over, belonging to other under, along or across such immovable property: persons. Provided that before making any such order, the Chief Municipal Executive Officer/ Municipal Executive Officer shall give to the owner of the immovable property a reasonable opportunity of showing cause, within such time as should not be made: Provided further that the owner of the premises shall not acquire any right, other than the right of a user, in such immovable property over, under, along or across which any such pipe or drain is placed or carried.
- (2) Upon the order under subsection (I), the owner of the premises may, after giving a reasonable notice of his intention to do so, immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain over, under, along or across such immovable property for the purpose of repairing such pipe or drain
- (3) In placing or carrying a pipe or drain under this section, as little damages as possible shall be done to such immovable property, and the owner of the premises shall- a) cause the pipe or drain to be placed or carried with the least Possible delay, b) fill in reinstate and make good at this own cost and with the least possible delay, land opened, broken up or removed for the purpose of placing or carrying such pipe or drain, and. c) pay compensation to the owner of such immovable property and to any other person, who sustains damage by reason of the placing or carrying of such Pipe or drain.
- (4) If the owner of such immovable property over, under, along or across which a pipe or drain has been placed or carried under this section, while, such immovable property was not built upon, desires to erect any building on such immovable property, the chief Municipal Executive officer/ Municipal Executive Officer shall, by notice, in writing, require the owner of the premises to close, remove or divert the pipe or drain in such manner as shall be approved by him and to fill in reinstate and make good such immovable property as if his/ her pipe or drain had not been placed or carried over, under' along or across such immovable Property: Provided that no action under this subsection shall be taken unless, in the opinion of the Chief Municipal Executive Officer/ Municipal Executive Officer it is necessary or expedient for the construction of the proposed building, or the safe enjoyment thereof, that the pipe or drain should be closed’ removed or diverted.
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