(1) If the tramway operator is of opinion that it is necessary or expedient to do so for facilitating the construction of tramway system or for ensuring the safety of tramway system or any building or construction along the tramway system alignment, it may, after following the procedure under sub-section (2), underpin or otherwise, strengthen any building within a radius not exceeding fifty meters from the tramway system alignment.
(2) The tramway operator shall give to the owner or occupier of such building at least ten days notice in writing before undertaking the work of underpinning or otherwise strengthening the building:
Provided that where the tramway operator is satisfied that an emergency exists, no such notice shall be necessary.
(3) Where the underpinning or strengthening was executed in connection with,-
(a) the carrying out of the works upon the land where any building is situated; or
(b) the construction or operation of tramway system;
the tramway operator may at any time, after underpinning or strengthening of such building is Power to underpin building or otherwise strengthen it.
[Act No.38 of 2008] 23 completed and before the expiration of a period of twelve months therefrom,-
(i) in a case referred to in clause (a) above, from the date of completion of such works; and
(ii) in a case referred to in clause (b) above, from the date on which traffic was opened in the tramway system;
enter upon and survey such building and do such further underpinning or strengthening thereon, as it may deem necessary:
Provided that nothing shall prevent the tramway operator from undertaking the work of underpinning or strengthening of a building any number of times, provided it does so in compliance with sub-sections (1) and (2).
19. The tramway operator or any person authorized by it may with a view to making survey or ascertaining the nature or condition of any land or building for the purpose of construction of tramway system or any other work connected therewith, at any reasonable hour during the day and after giving reasonable notice to the owner or occupier enter upon or enter into such land or building, in, along, over or near the tramway system alignment to,-
(a) inspect the same;
(b) take measurements, make drawings and take photographs thereof and such other suitable measures as may be necessary to explore and check up, by digging trial pits or otherwise, the foundation of any building in the vicinity of the tramway system alignment;
(c) take such other measures as the tramway operator deems it necessary and proper.
Power to enter for inspection, measurement etc.
24 [Act No.38 of 2008]