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Section 239: Rights of user of property for aqueducts, conduits etc

Jharkhand Municipal Act 2011State Act of Jharkhand · Act 7 of 2012

(1) The Municipal Commissioner or the Executive Officer may, either on his own or through any other agency authorized by him in this behalf, place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along, or across any immovable property, whether within or outside the limits of the municipal area, without acquiring such immovable property, and may, at any time, for the purpose of examining, repairing, altering or removing such aqueducts, conduits or lines of mains or pipes or drains, after giving a reasonable notice of his intention so to do, enter on any such immovable property over, under, along or across which the aqueducts, conduits, or lines of mains or pipes or drains have been placed:

Provided that the municipality or the other agency, as the case may be, shall not acquire any right, other than a right of a user, in such property over, under, along or across which any aqueduct, conduit or line of mains or pipe or drain is placed.

(2) The powers conferred under sub-section (1) shall not be exercised in respect of any property which is vested in the State Government or any local >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 528 authority, or is under the control or management of the Central Government or the railway administration, save with the permission of the State Government or the local authority or the Central Government or the railway administration, as the case may be, and in accordance with such regulations as may be made in this behalf:

Provided that the Municipal Commissioner or the Executive Officer may, without such permission, repair, renew or amend any existing works, the character or position of which is not to be altered, if such repair, renewal or amendment is urgently necessary in order to maintain, without interruption, the supply of water, drainage, or disposal of sewage, or is such that any delay would be dangerous to health, human life or property.

(3) In the exercise of the powers conferred on the Municipal Commissioner or the Executive Officer by this section, he, or any other agency authorized by him in this behalf, shall cause as little damage and inconvenience as may be possible, and shall make full compensation for any damage or inconvenience caused by him.

Where this provision sits

ActJharkhand Municipal Act 2011
Section239
Marginal noteRights of user of property for aqueducts, conduits etc
JurisdictionState of Jharkhand
StatusIn force as published by the source

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