Power to lay or carry pipes or to construct water works and payment of compensation etc

The Sikkim Water Supply and Water Charges Act, 2025

Infrastructure202543 sections

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Statutory text

(1) The Government, may lay or carry pipes or construct any water works for the purposes of establishing, arranging or maintaining supply of water, though, across, under or over any land or road or street or a place laid out as or intended to be laid out as, a road or street or any other place under the control of local authority or any person or entity, and may at all times do all acts and things which may be necessary or expedient for establishing or repairing or maintaining such pipes in any effective state: Provided that such work shall be carried with least annoyance to the public and within a reasonable time: Provided further, reasonable compensation as may be determined by the Government shall be paid to the owner or the local authority, as the case may be, for any damage sustained by him or it and directly occasioned by the carrying out of any such operations: Provided also, the competent authority shall cause not less than 3 (three) days' notice in writing to be given to the owner or the local authority, as the case may be, before commencing of any operations under this section except in cases where immediate action is considered necessary, then, the competent authority may, by order and for reasons to be recorded in writing, dispense with such 3 (three) days' notice.
(2) All reservoirs, tanks, cisterns, fountains, wells, and bore wells, pumps, pipes, taps, conduits and other works connected with the supply of water to the notified area, including the headwork's, reservoirs, the Government mains and all bridges, building, machinery, works materials and other things connected therewith and all land (not being private property) adjacent and appertaining to the same, shall vest in the Department and be subject to its control.
(3) The Department may construct, lay, or erect filtration plants, reservoirs, machinery, conduits, pipes, or other works in any place in the state for supplying the notified area with water, and may provide, tanks, reservoirs, machinery, mains, fountains and other conveniences within or outside the notified area for the use of the inhabitants.
(4) The Department may cause existing water works to be maintained and supplied with water or it may close any such works and substitute other such work and may cause them to be maintained and supplied with water.
(5) Notwithstanding anything contained in any other law for the time being in force, the Department may establish or maintain the water works within or outside the local limits of the notified area, -
- (a) in any street or any land vested in the Government, or any other local authority or any Government Company or other bodies, organisation or public sector units owned or controlled by the Government;
- (b) with the consent of every owner or occupier of any land not forming part of a street, in, over or on that land, may, from time to time inspect, repair, alter or renew or may, at any time, remove any main, whether laid under this Act or otherwise: Provided that where consent required for the purpose of this sub-section is withheld, the Department may, after giving the owner or occupier of the land 3 (three) days of written notice of its intention, may lay the main in, over or on that land even without such consent.
(6) The Department may place and maintain water works, conduits and lines of mains or pipes, over, under, along or across any immovable property whether within or outside the local limits of the notified area without acquiring the same and may at any time for the purpose of examining, repairing, altering or removing any conduits or lines of mains or pipes, enter on any property over, under, along or across which the conduits or lines of mains or pipes have been placed: Provided that the Department shall not acquire any right other than a right of user in the property over, under, along or across which any conduit or line of mains or pipes is placed
(7) If it appears to the Department that the only technically feasible alternative means of water supply to any premises is by placing or carrying any pipe or water works over, under, along or across the immovable property of another person, it may, by order in writing, authorize the owner of the premises to place carry such pipe, over, under, along or across such immovable property: Provided that before making any such order the Department shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by regulations so as to why the order should not be made: Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe is placed or carried.
(8) Upon making of an order under sub-section (7), and after giving reasonable notice of its intention to the owner of the premises, the Department may, enter upon the immovable property with the assistants and the workmen at any time between sunrise and sunset for the purpose of placing the water works or a pipe over, under, along or across such immovable property or for the purpose of repairing the same.
(9) While placing the water works or carrying a pipe under sub-section (8), as little damage as possible shall be done to the immovable property and the department shall, -
- (a) cause the water works or pipe to be placed or carried with the least practicable delay;
- (b) fill in, reinstate and make good at his own cost and with the least practicable delay, any land opened, broken up or removed for the purpose of placing or carrying of such pipe; and
- (c) pay compensation of any damage to the owner of the immovable property and to any other person who sustains damage by reason of the placing or carrying of water works or such pipe.
(10) If the owner of the immovable property over, under, along or across, which a pipe has been placed or carried under this section while such immovable property was vacant, desires to erect any building on such property, the Department shall by notice in writing, require the owner of the premises as indicated in sub-section (9), to close, remove or divert the pipe in such manner as shall be approved by the Department and to fill in, reinstate and make good the immovable property as if the pipe has not been placed or carried over, under, along or across the same: Provided that no such requisition shall be made unless in the opinion of the Department it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the pipe should be closed, removed or diverted.
(11) No person shall obstruct or hinder any person authorized or empowered by the Department under this Act in the execution of his duty or of anything which he is authorized or empowered or required to do by virtue of or in consequence of any of the provisions of this Act or any rules made hereunder.
(12) No person shall, except with the permission duly obtained from the Department or the Public Health Engineer in charge of water supply, enter on land or premises or water works of the Department.
(13) Save as provided for in any other section of this Act, a reasonable compensation as may be determined by the competent authority as established by Law shall be paid to the owner or the local authority, as the case may be, for any damage sustained by him or it, directly occasioned by carrying out of any such operations.

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