section 203
Rights of user of property for aqueducts, lines, etc.
The Sikkim Municipalities Act, 2007(1) The Municipality, or the concerned Department, or organization, of the State Government, or the agency, as the case may be, 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, without acquiring such immovable property, and may, at any time, for the purpose of examining, repairing, altering or removing such aqueducts, conduits, OF lines of mains, or pipes, or drains, after giving a reasonable notice of his intention so to do, enter on any such immovable property over, under, along, or across, which the aqueducts, conduits, or lines of mains, or pipes, or drains have been placed: Provided that the Municipality, or the concerned Department, or organization, of the State Government, or the agency, as the case may be, shall not acquire any right, other than a right of a user, in such property over, under, along, or across, which any aqueduct, conduit, or line of mains, or pipe, or drain has been placed. (2) The powers conferred under sub-section (1) shall not be exercised in respect of any property which is vested in the State Government or any local authority, or is under the control or management of the Central Government or any Ministry of the Central Government, save with the permission of the State Government or the local authority or the Central Government or any Ministry of the Central Government, as the case may be, and in accordance with such regulations as may be made in this behalf: Provided that the Municipality, or the concerned Department, or organization, of the State Government, or the agency, as the case may be, may, without such permission, repair, renew, or amend any existing works, the character or position of which is not to be altered, if such repair, renewal, or amendment is urgently necessary in order to maintain, without interruption, the supply of water, or drainage, or disposal of sewage, or is such that any delay would be dangerous to health, human life, or property. (3) In the exercise of the powers conferred by this section on the Municipality, or the concerned Department, or organization, of the State Government, or the agency, as the case may be, the Chief Municipal Officer, or the agency, as the case may be, shall cause as little damage and inconvenience as may be possible, and shall make full compensation for any damage or inconvenience caused by him or such agency.
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