(1) Notwithstanding anything contained in the provisions of any enactment for the time being in force for the acquisition of land for public purposes, a promoter may-
(a) place and maintain posts in or upon any immovable property, and
(b) suspend and maintain a rope over, along or across any immovable property:
Provided that-
(i) the promoter shall not exercise the power conferred by this sub-section except for the purposes of an aerial ropeway, the construction of which has been authorized by an order under section 7 ;
(ii) the promoter shall not acquire any right other than that of user only in the property under, along, in or upon which the promoter places a post or suspends or maintains a rope ;
(iii) in the exercise of the powers conferred by this sub-section the promoter shall do as little damage as possible, and when he has exercised those powers in respect of any property, shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.
(2) If the exercise of the powers conferred by sub-section (1) is resisted or obstructed, the Collector may, in his discretion, order that the promoter shall be permitted to exercise them.
(3) In case of any dispute as to the amount of compensation to be paid by the promoter under clause (iii) of the proviso to sub-section (1) the matter shall be referred to the Collector for decision.
Temporary entry upon land for repairing or preventing accident 16 .
(1) A promoter may at any time, for the purpose of examining, repairing or altering an aerial ropeway or of preventing any accident, enter upon any immovable property adjoining such ropeway and may do all such works as may be necessary for such purposes.
(2) In the exercise of the powers conferred by sub-section (1) the promoter shall cause as little damage as possible, and compensation shall be paid by him for any damage so caused; and, in the case of any dispute as to the amount of such compensation, the matter shall be referred to the Collector for decision.
38 [The United Provinces Aerial Ropeways Act, 1922] [Section 17-21] Removal of obstruction