Himachal Pradesh Aerial Ropeways Act
Chapter IV CONSTRUCTION AND MAINTENANCE OF AERIAL
Chapter IV CONSTRUCTION AND MAINTENANCE OF AERIAL
14. Authority of promoter to execute works
(1) Subject to the provisions of, and to the rules made under this Act, and, in the case of immovable property not belonging to the promoter, to the provisions of any enactment for the time being in force for the acquisition of land for public purposes and for companies, a promoter may,- (a) make such survey as he thinks necessary; (b) place and maintain posts in or upon any immovable property; (c) suspend and maintain a rope over, along or across any immovable property; (d) make such bridges, culverts, drains, embankments and roads as may be necessary; (e) erect and construct such machinery, offices, stations, warehouses and other buildings, works and conveniences as may be necessary; and (f) do all other acts necessary for constructing, maintaining altering, repairing and using the aerial ropeway: Provided that a promoter may take any action under clause (b) or clause (c) of this sub-section, notwithstanding the objection of the owner or occupier of the property affected thereby, if the Collector, after giving such owner and occupier by notice in writing, an opportunity of being heard, by an order in writing, permits such action. (2) When making an order under the proviso to sub-section (1), the Collector shall fix the amount of compensation, or of an annual rent, or of both, which should, in his opinion, be paid by the promoter to the owner of the property affected thereby, or in the case of immovable property, to the owner or occupier thereof, or any person interested therein and the amount to be paid to each.
Chapter IV CONSTRUCTION AND MAINTENANCE OF AERIAL
15. Temporary entry upon land for repairing or preventing accident
(1) Subject to the rules made under this Act, a promoter or his duly authorised servant or agent may, at anytime for the purpose of examining, repairing or altering an aerial ropeway, or of preventing any accident, enter upon any immovable property adjoining such aerial ropeway, and may do all such works as may be necessary for such purposes. (2) In the exercise of the powers conferred by sub-section (1), the promoter or his duly authorised servant or agent, as the case may be, shall cause as little damage as possible, and compensation shall be paid by him for any damage so caused; and in the case of any dispute as to the amount of such compensation, the matter shall be referred for the decision of the Collector.
Chapter IV CONSTRUCTION AND MAINTENANCE OF AERIAL
16. Removal of obstructions
(1) When any tree standing or lying near an aerial ropeway, or where any structure or other object which has been placed or has fallen near an aerial ropeway subsequent to the issue of an order under section 7 in regard to such aerial ropeway, interrupts or interferes with, or is likely to interrupt or interfere with the construction, maintenance, alteration, or use of the aerial ropeway, the Collector may, on the application of the promoter, cause the tree, structure or object to be removed or otherwise dealt with as he thinks fit. Explanation.-For the purpose of this sub-section, the expression "tree" shall be deemed to include any shrub, hedge, jungle growth or other plant. (2) When disposing of an application under sub-section (1), the Collector shall award to the person interested such compensation as the Collector deems reasonable, and the Collector may recover such amount from the promoter as if it were an arrear of land revenue.
Chapter IV CONSTRUCTION AND MAINTENANCE OF AERIAL
17. Order of Collector subject to revision by State Government
No suit shall lie in respect of any matter referred to in the proviso to sub-section (1) of section 14, in sub-section (2) of section 14, section 15, or in sub-section (1) of section 16, but every order made by a Collector under any of those sections, and every award made by him under sub-section (2) of section 16, shall be subject to revision by the State Government except in the case of an award of compensation made by the Collector on account of action taken under sub-section (2) of section 14, which award shall be subject to revision by the District Judge.
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