Vidhi Codex

section 67

Power to enter upon land, etc., and to place and maintain mains, etc

The Madras Metropolitan Water Supply and Sewerage Act, 1978
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Chapter VI WATER SUPPLY AND SEWERAGE

Statutory text
  1. (1) For the purposes referred to in sub-section
  2. (2) , it shall be lawful for the authorised authority with or without assistants and workmen,-
    • (a) to enter into or upon any land or building, or to take level of any land or to obtain access to or to execute any work;
    • (b) to enter any land for depositing thereon any soil, gravel stone or other materials connected with any work authorised by or under this Act;
    • (c) to enter upon any immovable property and to place and maintain mains, pipes, sewers and other installations upon, along, across or under any such pro- perty;
    • (d) to enter into any place and to open or cause to be opened any door, gate or other barrier if such opening is considered necessary by the authorised authority, or if the consent of the owner or occupier is refused or if the owner or occupier is absent;
    • (e) to dig or bore into the sub-soil;
    • (f) to take levels and make boundaries, by placing marks and cutting trenches;
    • (g) to cut down and clear away any part of any standing crop, fence or plant; and
    • (h) to issue orders for temporarily closing to traffic any street in order to carry out any repair or work conn- ected with water supply or sewerage.
  3. (2) The purposes relevant for any action under sub- section
  4. (1) are-
    • (a) carrying out any survey or inspection under the provisions of this Act;
    • (b) examining, repairing, altering or removing main pipes, sewers and other installations;
    • (c) constructing or executing any work authorised by or under this Act;
    • (d) ascertaining whether there has been any contravention of any provisions of this Act or any regula- tions or instrument made thereunder;
    • (e) making any inquiry, inspection, examination, measurement valuation or survey authorised or required by or under this Act, or necessary for the proper adminis- tration of this Act; or
    • (f) generally for discharging efficiently the func- tions entrusted to the Board under this Act.
  5. (3) The Board shall not acquire any title to, or any right other than user, to the land, building or immovable property (other than property belonging to the Board) in respect of which any action has been taken under this section, and before commencing any action under this section, the authorised authority shall, except in the case of an emergency, give not less than twenty-four hours notice in writing of its intention to do so to the owner or occupier: Provided that the authorised authority, shall, except in the case of an emergency, obtain the prior permission of the authority concerned where the land, building, or immovable property is owned by and is in the possession of such authority.
  6. (4) While exercising any power conferred under this section the authorised authority shall cause as little damage as possible to any property and the Board shall pay compensation to all persons interested in any such property for any damage sustained by them in consequence of the exercise of such power.

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