BAR Act 14Chapter II · Aerial Ropeways for Public Traffic

Section 14 · Authority of promoter to execute all necessary works

(1)

Subject to the provisions of, and to the rules made under, this Act, 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 and for companies, 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 and 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 (a),] [Word, letter and brackets inserted by W. B. Act 2 of 1965.] clause (6) 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.

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