(1) (i) Where the right of user in any land has vested in the State Government or, as the case may be, the Corporation under section 5, it shall be lawful for any person authorized by the State Government or, as the case may be, the Corporation and its servants and workmen –
(a) to enter upon, survey and take levels of any land specified in the notification.
(b) to dig or bore into the sub-soil;
(c) to set out the intended line of work;
(d) to mark such levels, boundaries and line by placing marks and cutting trenches;
4
(e) where otherwise survey cannot be completed and levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crops, fence or jungle; and
(f) to do all other acts necessary to ascertain whether pipelines can be laid under the land;
Provided that while exercising any power under this section, such person or any servant or workman of such person shall cause minimum damage or injury as possible to such land.
Provided further that no pipelines shall be laid under -
(a) any land which, immediately before the date of the publication of notification under sub-section (1) of section 3, was used for residence purposes; or
(b) any land on which there stands any permanent structure which was in existence immediately before the said date, or
(c) any land which is appurtenant to a dwelling house; or
(d) any land at a depth which is less than one meter from the surface; and
(ii) Such land shall be used only for laying the pipelines and for maintaining examining, repairing, altering or removing any such pipelines or for doing any other thing necessary for any of the aforesaid purposes or for the utilization of such pipelines.
(2) If any dispute arises with regard to any matter referred to in sub-clause (b) or (c) of the second proviso to clause (i) of sub-section (1), the dispute shall be referred to the competent authority whose decision thereon shall be final.
7. For maintaining, examining, repairing, altering or removing any pipeline, or for doing any other thing necessary for the utilization of the pipelines or for the making of any inspection or measurement for any of the aforesaid purposes, any 5 person authorized in this behalf by the State-Government or, as the case may be, the Corporation may, after giving reasonable notice to the occupier of the land under which the pipelines has been laid, enter therein with such workmen and assistants as may be necessary.
Provided that, where such person in satisfied that an emergency exists, no such notice shall be necessary.
Provided further that, while exercising any powers under this section, such person or any workmen or assistants of such person, shall cause as little damage or injury as possible to such land.