MMCNPIT Act 334Chapter XXVI · Miscellaneous

Section 334 · Chief Officer may authorise any person to enter upon adjoining premises

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(1)

Whenever any person is required to execute any work by or under the provisions of this Act and the Chief Officer is of opinion whether on receipt of an application from such person or otherwise that the only or the most convenient means by which such person can execute such work is by entering any of the adjoining premises belonging to some other person, the Chief Officer, after giving the owner or occupier of such adjoining premises a reasonable opportunity of stating any objection, may if no such objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorise the person required to execute the work, to enter such adjoining premises:Provided that, in an emergency, the Chief Officer may authorise any person to enter such adjoining premises, without giving the owner of such adjoining premises, opportunity to state his objection, if any.

(2)

Subject to the provisions of sub-section (3), every such order bearing the signature of the Chief Officer shall be sufficient authority to the person in whose favour it is made; or to any agent or person employed by him for this purpose, to enter upon the said premises with assistants and workmen, and to execute the necessary work.

(3)

The provisions of sub-sections (2), (3) and (4) of the last preceding section, except the proviso to sub-section (3) of that section, shall mutatis mutandis apply to every entry made under this section.

(4)

In making such entry or in executing such work, as little damage as can be, shall be done to the property of the owner of the adjoining premises, and the owner or occupier of the premises for the benefit of which the work is done, shall -

(i)

cause the work to be executed with the least practicable delay; and

(ii)

pay compensation to any person who sustains damage by the execution of such work.
If there is any dispute as regards the amount of compensation to be paid, such amount shall be determined by the Chief Officer.

(5)

If the owner or occupier of the premises for the benefit of which the work is done, refuses to pay the compensation payable under sub-section (4), the amount of such compensation may be recovered by the Chief Officer as an arrear of a property tax and paid to the person who sustains damage by the execution of such work.

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