Power of entry and inspection

§25

Summary

25. (1) Upon the issue of a declaration under section 3 in respect of an area as a slum area or under section 10 in respect of a clearance area, the Competent Authority or any other person authorized by it in this behalf may- (a) enter into any building or upon any land in such area with or without assistants or workmen in order to make any inquiry, inspection, measurement, valuation or survey, or for the execution of any work which is necessary and is authorized by or under this Act or the rules made thereunder ; (b) Inspect any drain, urinal, cess-pool, pipe, sewer or channel in or on any building or land in such area, and in his direction cause the ground to be opened for the purpose of preventing or removing any nuisance arising from the drain, latrine, urinal, cess-pool, pipe, sewer or channel, as the case may be ; (c) examine works under construction in such area, to take levels or to remove, test, examine, replace or read any meter ; (d) make any entry into any place to open or cause to be opened any door, gate or other barrier- (i) if he considers the opening thereof necessary for the purpose of entry authorized by or under this Act ; and (ii) if the owner or occupier is absent or being present, refuses to open such door, gate or barrier ; (e) enter on any land with or without assistants or workmen within fifty yards of any work in such area, which is authorized by or under this Act, or the rules made thereunder, for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected therewith. (2) Any person authorized under sub-section (1) so to enter shall, before entering on any land, state the purpose thereof, and shall, if so required by the occupier or owner, fence off so much of the land as may be required for such purpose. (3) No entry authorized by or under this Act shall be made except between the hours of sun-rise and sun-set. (4) Except as otherwise provided in this Act, no building or land shall ordinarily be entered into without the consent of the occupier, or if there is no occupier, of the owner thereof, and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than twenty-four hours written notice of the intention to make such entry ; Provided that no such notice shall be necessary if the place to be inspected is a shed for cattle or a latrine, urinal or work under construction. (5) The person authorized under sub-section (1) shall in exercising any power conferred by this section avoid causing damage as far as may be possible. (6) Where any damage is caused to any building or land by any person while exercising any power conferred by this section, the damage shall in the first instance be made good by restoring the building or the land, as the case may be, to its condition as it existed prior to its being damaged by the person authorized under this section. (7) Where the Competent Authority is of the opinion that the building or the land, to which damage has been caused by a person exercising any power conferred by this section, cannot in its opinion be put into the condition, as it existed prior to its being damaged by the person authorized under this section, a reasonable amount of compensation shall be determined therefor by it and paid to the owner or occupier of such building or land or to both ; Provided that any owner or occupier who does not to the amount of compensation determined by the Commissioner Authority may prefer an appeal to the Commissioner of the division who shall, after affording reasonable opportunity of being beard to the parties concerned, give his decision thereon. The decision of the Commissioner shall be final and conclusive and be not questioned in any court of law.

25. (1) Upon the issue of a declaration under section 3 in respect of an area as a slum area or under section 10 in respect of a clearance area, the Competent Authority or any other person authorized by it in this behalf may- (a) enter into any building or upon any land in such area with or without assistants or workmen in order to make any inquiry, inspection, measurement, valuation or survey, or for the execution of any work which is necessary and is authorized by or under this Act or the rules made thereunder ; (b) Inspect any drain, urinal, cess-pool, pipe, sewer or channel in or on any building or land in such area, and in his direction cause the ground to be opened for the purpose of preventing or removing any nuisance arising from the drain, latrine, urinal, cess-pool, pipe, sewer or channel, as the case may be ; (c) examine works under construction in such area, to take levels or to remove, test, examine, replace or read any meter ; (d) make any entry into any place to open or cause to be opened any door, gate or other barrier- (i) if he considers the opening thereof necessary for the purpose of entry authorized by or under this Act ; and (ii) if the owner or occupier is absent or being present, refuses to open such door, gate or barrier ; (e) enter on any land with or without assistants or workmen within fifty yards of any work in such area, which is authorized by or under this Act, or the rules made thereunder, for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected therewith. (2) Any person authorized under sub-section (1) so to enter shall, before entering on any land, state the purpose thereof, and shall, if so required by the occupier or owner, fence off so much of the land as may be required for such purpose. (3) No entry authorized by or under this Act shall be made except between the hours of sun-rise and sun-set. (4) Except as otherwise provided in this Act, no building or land shall ordinarily be entered into without the consent of the occupier, or if there is no occupier, of the owner thereof, and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than twenty-four hours written notice of the intention to make such entry ; Provided that no such notice shall be necessary if the place to be inspected is a shed for cattle or a latrine, urinal or work under construction. (5) The person authorized under sub-section (1) shall in exercising any power conferred by this section avoid causing damage as far as may be possible. (6) Where any damage is caused to any building or land by any person while exercising any power conferred by this section, the damage shall in the first instance be made good by restoring the building or the land, as the case may be, to its condition as it existed prior to its being damaged by the person authorized under this section. (7) Where the Competent Authority is of the opinion that the building or the land, to which damage has been caused by a person exercising any power conferred by this section, cannot in its opinion be put into the condition, as it existed prior to its being damaged by the person authorized under this section, a reasonable amount of compensation shall be determined therefor by it and paid to the owner or occupier of such building or land or to both ; Provided that any owner or occupier who does not to the amount of compensation determined by the Commissioner Authority may prefer an appeal to the Commissioner of the division who shall, after affording reasonable opportunity of being beard to the parties concerned, give his decision thereon. The decision of the Commissioner shall be final and conclusive and be not questioned in any court of law.

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