section 199
Right of user of property for aqueducts, lines etc.
The Jammu and Kashmir Municipal Corporation Act, 2000Infrastructure2000446 sections
Statutory text
- (1) The Commissioner may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across any immovable property whether within or outside the limits of the municipal area, if necessary through an agreement, and may at any time for the purpose of examining, repairing, altering or removing any aqueducts, conduits or lines of mains or pipes or drains after giving a reasonable notice of his intention so to do, enter on any property over, under, along or across which the aqueducts, conduits or lines of mains or pipes or drains have been placed : Provided that the Corporation shall not acquire any right other than a right of user in the property over, under, along or across which any aqueduct, conduit or line or mains or pipes or drain is placed.
- (2) The powers conferred by sub-section (1) shall not be exercisable in respect of any property vested in the Government or under the control or management of the Government or vested in any local authority save with the permission of the Government or the local authority, as the case may be, and in accordance with any bye-laws made in this behalf : Provided that the Commissioner may, without such permission, repair, renew or amend any existing works of which the character or position is not to be altered if such repair, renewal or amendment is urgently necessary in order to maintain without interruption the supply of water, drainage or disposal or sewage or is such that delay would be dangerous to health, human life or property.
- (3) In the exercise of the powers conferred upon him by this section the Commissioner shall cause as little damage and inconvenience as may be possible and shall make full compensation for any damage or inconvenience caused by him.
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