Authority of promoter to execute works

(1) Subject to the provisions of this Act the rules made thereunder, 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 a public ropeway: Provided that a promoter may take any action under clause (b) or clause (c), 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. The order so made shall also fix the date by which such amount of compensation or of the annual rent shall be paid and the actual payment of such amount of compensation or of the first annual rent shall be a condition precedent for execution of any works referred to in sub-section (1).