section 53
Right of entry and power to demarcate alignments and reservation
The Madhya Pradesh Metropolitan Region Planning and Development Act, 2025General202564 sections
Statutory text
- (1) The Metropolitan Commissioner may, authorize any person to enter into any land or building with or without assistance or workmen for the purpose of-
- (i) making any enquiry, inspection, measurement or survey or taking levels of such land or building;
- (ii) examining works under construction and ascertaining the course of public utilities and drains etc.;
- (iii) digging or boring into the sub-soil;
- (iv) setting out boundaries and demarcation of intended alignment of roads, public utilities and other works;
- (v) making such levels, boundaries, demarcations and lines by placing marks and cutting trenches;
- (vi) ascertaining whether any land or property is being affected in the Metropolitan Developent and Investment Plan, Town Development Scheme, Area Development Plan, Road, Public utilities and amenities, Alignments etc;
- (vii) for grounding of new alignment of roads, road widening, alignment of new communication network and services in any land;
- (viii) ascertaining whether any land or property is being or has been developed in accordance with the development Permission or in contravention of the provisions of this Act or conditions subject to which the development permission has been issued are being or have been complied; and
- (ix) doing any other thing necessary for the implementation of the Metropolitan Development and Investment Plan, Town Development Scheme, Area Development Plan or other provisions for the efficient administration of this Act: Provided that-
- (i) in case of any building used as a dwelling house, or upon any enclosed part of garden attached to such building, no such entry shall be made except between the hours of sunrise and sunset, or without giving its occupier at least 24 hour notice in writing of the intention to enter;
- (ii) the development rights of the owner of the land would not be affected by such actions or by grounding of the said network;
- (iii) due regard shall always be had so far as may be compatible with the exigencies of the purpose for which the entry is made to the social and religious usages of the occupants of the land or building or property entered or surveyed or demarcated;
- (iv) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land or building or property.
- (2) Any person who obstructs the entry of an officer empowered or duly authorized under this section to enter into or upon any land or building or molests such officer, after such entry shall, on conviction he shall be punished with a fine which may extend to rupees five thousand.
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