Power to enter on land for survey in connection with a highway scheme

(1) The highway authority or any officer not below the rank of an Assistant Engineer of Public Works Department or any agency authorised by the highway authority in this behalf, may undertake a survey in connection with a highway scheme and may for this purpose, (a) enter upon any land along with his workmen and survey team and take measurements and levels on it; (b) mark such levels, dig or bore into the subsoil and do all other acts necessary to ascertain whether the land is suitable or not; (c) set-out the boundaries of the proposed highway by placing survey marks and cutting trenches; and (d) cut down and clear any part of a standing crop, or fence in cases where survey cannot be completed, levels taken or boundaries marked otherwise: Provided that, (i) no such entry into a building shall be made between sunset and sunrise; (ii) no dwelling house or place shall be so entered except with the consent of the occupier thereof or without giving the occupier at least forty eight hours' notice of the intention to make such an entry; (iii) reasonable opportunity and facility shall be allowed to the woman occupying any part of a dwelling house to withdraw; and (iv) due regard shall, so far as feasible, be paid to the social and religious customs and usages of the occupants of the premises entered into. (2) The highway authority or the officer or the agency referred to in sub-section (1) shall in exercise of any power conferred by that sub-section do as little damage as may be possible and compensation for such damage, if any, shall be payable by the highway authority to the owner or occupier of such premises or both and in case of any dispute as to the sufficiency of the amount of compensation, the dispute shall be referred to the Collector of the concerned district and the Collector will take a decision therein within thirty days.