(1) (a) For the purpose of —
(i) carrying gas, water or electricity within any area taken up for development under paragraph (a) of clause (ii) of section 9 (hereinafter referred to as “the said area” ); or 2 Substituted by Act 4 of 2025 (w.e.f. 19.04.2025).
3 Substituted by Act 4 of 2025 (w.e.f. 19.04.2025).
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(ii) constructing any sewers or drains necessary for carrying off workings and waste liquids of an industrial process through the said area, the Corporation may after giving reasonable notice to the owner or occupier, of any building or land in the said area, lay down, place, maintain, alter, remove, or repair, any pipes, pipelines, conduits, supply or service line, posts or other appliances or apparatus in, on, under, over, along or across any land in the said area.
(b) For the purpose of—
(i) carrying gas, water or electricity from a source of supply to an industrial estate, centre or industrial area, such sources of supply being in an area outside such estate, centre or area (hereinafter referred to as “outside area”) ; or
(ii) constructing any sewers of drains necessary for carrying off working and waste liquids of an industrial process to or through an outside area, any person empowered in this behalf by the Government, by notification in the Gazette (hereinafter referred to as “the authorised person”) may after giving reasonable notice to the owner or occupier of any building or land in the outside area, lay down, place, maintain, alter, remove or repair any pipes, pipelines, conduits, supply or service lines, posts or other appliances or apparatus in, on, under, over, along or across any land in the outside area.
(2) The Corporation or, as the case may be, the authorised person, may at any time enter upon any land in any such area and in such event the provisions of section 32 shall mutatis mutandis apply.
(3) Compensation to all persons interested for extinguishment or modification of rights in property, any damage sustained by them in consequence of the exercise of the such powers as aforesaid, shall be paid by the Corporation irrespective of whether the area is the said area or the outside area;
Provided that the amount of compensation in lump sum or in the form of annul rent, according as the circumstances of the case may require, shall be fixed and, where necessary, apportioned by the Collector in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act I of 1894).
(4) Nothing herein shall authorise or empower the Corporation or the authorised person to lay down or place any pipe or other works into, through or against any building or in any land not dedicated to public use without the consent of the owners and occupiers thereof, except that the Corporation or such person may at any time enter upon and lay or place any new pipe in place of an existing pipe in any land wherein any pipe has been already lawfully laid down or placed in pursuance of this Act and may repair or alter any pipe so laid down:
Provided that nothing in this sub-section shall be construed to mean that the Corporation or other person is forbidden from having the said land acquired at any time by the Government in the normal course.
(5) (a) Where the owner or the occupier of any building or land does not reply in writing to the Corporation or the authorised person within a period of fifteen days from the date on which the consent referred to in sub-section (4) is sought, or refuses to give such consent to lay down or place any pipe or other works into, through or against such building, the Corporation or the authorised person shall forthwith make a report in writing of the fact to the Collector.
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(b) On receipt of the report, if the Collector, after making an inquiry and after giving the owner and the occupier of such building or land, as the case may be, an opportunity of stating his objection to give such consent, is satisfied that for ensuring the full and efficient development of the industrial estate, or as the case may be, industrial area it is necessary to permit the Corporation or the authorised person to lay down or place any pipe or other works into, through or against the building or in the land as contemplated by the Corporation or the authorised person, the Collector shall notwithstanding anything contained in sub-section (4), by an order in writing grant the permission to the Corporation or the authorised person.
(c) When such permission is granted, it shall be lawful for the Corporation or the authorised person to lay down or place any pipeline or other works into, through or against such building or in such land as if the necessary consent under sub-section (4) has been given.