Construction and Maintenance of Aerial Ropeways for Public Traffic

Authority of promoter to execute all necessary works.

§15

Summary

(1) Subject to the provisions of this Act and the rules, 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 a promoter of an aerial ropeway for public traffic 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 the aerial ropeway: Provided that, a promoter may take any action under clause (b) or clause (c) of this sub-section, 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 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. Explanation.-For the purposes of this section, if a promoter is not a company within the meaning of the Indian Companies Act, 1913 (VII of 1913), or a local authority, such promoter shall be deemed to be a company and the provisions of Part VII of the Land Acquisition Act, 1894(I of 1894), shall mutatis mutandis apply to the acquisition of immovable property on his behalf.

(1) Subject to the provisions of this Act and the rules, 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 a promoter of an aerial ropeway for public traffic 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 the aerial ropeway: Provided that, a promoter may take any action under clause (b) or clause (c) of this sub-section, 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 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. Explanation.-For the purposes of this section, if a promoter is not a company within the meaning of the Indian Companies Act, 1913 (VII of 1913), or a local authority, such promoter shall be deemed to be a company and the provisions of Part VII of the Land Acquisition Act, 1894(I of 1894), shall mutatis mutandis apply to the acquisition of immovable property on his behalf.

← Previous Section Next Section →

Explore this Chapter