Power of entry

§49

Summary

(1) The Regional Development Authority may authorize any person to enter into or upon any land or building with or without assistants or workmen for the purpose of, - (a) preparation of any plans or schemes required under this Act, carrying out any surveys, making any measurement or taking levels of such land or building; (b) digging or boring into the sub-soil; (c) setting out boundaries and intended lines of works; (d) making such levels, boundaries and lines by placing mark, and cutting trenches; (e) examining works under construction and ascertaining the course of sewers and drains; (f) making any enquiry, inspection or search for ascertaining contravention of this Act or the rules and regulations made thereunder; or (g) doing any other thing necessary for the efficient administration of this Act: Provided that - (i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice at least of twenty four hours to the occupier, or if there be no occupier, to the owner of the land or building; and (ii) intimation shall be given in every instance to enable the inmates of any apartment appropriated to females to shift to such part where their privacy may not be disturbed. (2) It shall be lawful for any person authorized under sub-section (1) to make an entry for the purpose of inspection or search and to open or cause to be opened a door, gate or other barrier, - (a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search; and (b) if the occupier is absent or, being present, refuses to open such door, gate or barrier. (3) If any damages are or are likely to be caused to any owner or occupier of any land or building in carrying out any of the functions under sub-section (1), the person so authorized shall at the time of such entry pay or tender payment of such damages to the owner or occupier and in case of dispute as to sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the appellate authority and the decision of the appellate authority thereon shall be final.

(1) The Regional Development Authority may authorize any person to enter into or upon any land or building with or without assistants or workmen for the purpose of, - (a) preparation of any plans or schemes required under this Act, carrying out any surveys, making any measurement or taking levels of such land or building; (b) digging or boring into the sub-soil; (c) setting out boundaries and intended lines of works; (d) making such levels, boundaries and lines by placing mark, and cutting trenches; (e) examining works under construction and ascertaining the course of sewers and drains; (f) making any enquiry, inspection or search for ascertaining contravention of this Act or the rules and regulations made thereunder; or (g) doing any other thing necessary for the efficient administration of this Act: Provided that - (i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice at least of twenty four hours to the occupier, or if there be no occupier, to the owner of the land or building; and (ii) intimation shall be given in every instance to enable the inmates of any apartment appropriated to females to shift to such part where their privacy may not be disturbed. (2) It shall be lawful for any person authorized under sub-section (1) to make an entry for the purpose of inspection or search and to open or cause to be opened a door, gate or other barrier, - (a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search; and (b) if the occupier is absent or, being present, refuses to open such door, gate or barrier. (3) If any damages are or are likely to be caused to any owner or occupier of any land or building in carrying out any of the functions under sub-section (1), the person so authorized shall at the time of such entry pay or tender payment of such damages to the owner or occupier and in case of dispute as to sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the appellate authority and the decision of the appellate authority thereon shall be final.

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