Section 5: Power to acquire land, etc

(1) Where the State Government is satisfied that for a public purpose any land is required for the development of an existing or new highway, any other road, or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land. (2) Every notification under sub-section (1) shall give a brief description of the land. (3) The competent authority shall cause the substance of the notification to be published in two State level newspapers having wide circulation, at least one of which shall be in Hindi language. (4) Upon issue of a notification under sub-section (1), it shall be lawful for any person, authorised by the State Government in this behalf, to- (a) enter upon any land with his workmen and make any inspection, survey, measurement, valuation or enquiry; (b) take levels; 6 (c) dig or bore into sub-soil; (d) set out boundaries and intended lines of work; (e) mark such boundaries and lines placing marks and cutting trenches; or (f) do such other acts or things as may be laid down by rules made in this behalf by the State Government: Provided that no person shall enter into any building or any enclosed court or garden attached to a dwelling house or cut down and clear any part of standing crops, or fence without the consent of the occupier thereof or without giving such occupier a notice of at least twenty four hours, in writing, of his intention to do so: Provided further that the State Government shall pay reasonable compensation to the occupier for the damage caused by him to such building, land or other structures. (5) The State Government may, upon issue of a notification under sub-section (1), acquire any land specified therein by outright gift or purchase by agreement with the owners, or failing such agreement, by recourse to the provisions of this Act.