HMDA Act 51Chapter X · Miscellaneous and Supplemental Provisions

Section 51 · Power of entry and power of Metropolitan Development Authority to demarcate alignments and reservations as per Statutory Plan

- The Metropolitan Commissioner may authorize any person to enter into any land or building with or without assistance or workmen for the purpose of,-

(a)

making any enquiry, inspection, measurement or survey or taking levels of such land or building;

(b)

examining works under construction and ascertaining the course of public utilities and drains, etc;

(c)

digging or boring into the sub-soil;

(d)

setting out boundaries and demarcation of intended alignment of roads, public utilities and other works;

(e)

making such levels, boundaries, demarcations and lines by placing marks and cutting trenches;

(f)

ascertaining whether any land or property is being affected in the Statutory Development Plan/ Development Scheme/ Land Pooling Scheme/ road/ public utilities alignments, etc;

(g)

for grounding of new alignment of roads/ road widening/alignment of new communication network in any land;

(h)

ascertaining whether any land or property is being or has been developed in accordance with the Development Permission or in contravention of the provisions of this Act, or conditions subject to which the Development permission has been issued are being or have been complied; or

(i)

doing any other thing necessary for the implementation of the Statutory Development Plan/ Development Scheme/Land Pooling Scheme or other provisions for the efficient administration of this Act:

Provided that,-

(i)no such entry shall be made except between the hours of 6 A.M. and 6 P.M;

(ii)

the development rights of the owner of the land would not be affected by such actions or by grounding of the said network;

(iii)

due regard shall always be had so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land/building or property entered or surveyed or demarcated;

(iv)

sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land building or property.

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