Bare ActsThe Daman and Diu Municipalities Regulation 1994

Section 359

chief O f f i c e r may aathorise any person to enter upon adjoining premises

Amendment status not verified — confirm the current text below against the official source.

chief O f f i c e r may aathorise any person to enter upon adjoining premises.- 41) Whenver any person is required to execute any work by or under the provisions of this Regulation and the Chief Officer is of opinion bhether on receipt of an application from such person or otherwise that the only or the most convient means by which such person can execute6 ouch w r k i8 by entering any of the ad joining prealsea belongin3 to some other person, the Chief Officer after giving the owner cr occupier of such adjoining premises a reasonable opg~owlunity df stating any objection, may, if no such objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in w r i t i n g , authorhse ~ 3 . c peraon requlrsd kc> execute the work, to enker such adjoining premises: Provided that, in an emergency, che Chief Officer may anthorise any person tc enter such adjoining gremiees, without giving ene ownertof such adjoining premlsea, spportuniky to state k l s objection, if any. ,t23 subject to the plovisians CZ sub-section 639, every such order bearing the signature of the Chief Officer shall be sufficlecr auehoriky to the person i n whose favour it is mde, or ro any agene or peraon employed by him for this purpose, to enter apsn &he said premises b d i t k a s a i ~ t a r l t ~ and workmen, and to enecxte t h e necteaary work, ( 3 ) The g r ~ v ~ o i o n e of sub-sections ( 2 1 , ( 3 ) and I & > of t h e East preceding section, zxccpt the proviso t o sub-eeciion 4 3 ) ug that secticn, aha29 mutatis mutandie apply to every entry made under this section, (81 I n making suck entry or in executing such work, as little damage as can be shall be done to the property of the owner sf the adjoining premises, and the owner or occupier of the premises for the benefit of which the work is done, sha? 1- ti) cause t h e work to be executed with the least practicable delay; and tii) pay compensation to any person who sustains damage by the execution of such work. If there is any dispute a% regards ehe arnount of compensation to be paid, such amoune shall be determined by the Chief Officer. i 5 ) If t$e owner or accupier 02 'Lh2 = s m i a ~ s %or the benefit o f which t 3 ~ werk JB do:2c, rcfcoea tc pay the compensation payable n ~ d e r sub-ae-tron ! 4 : , the amount of such compenea$ian may be rccovcreu by tha Chief 88Pice~ as an a r s e a , ~ of a propcrt2- &ax and paid to the person w h ~ sustains damage by zh2 execution of such work, 32%. Power of Chief Officer to c a l l fcs Isloraa- tisn as to ownership sE any property. - i l l The Chief Officer may,., in order -Lo r"acili.Lat:.e tne service. issue, presentation or gaviny of any n o t r t e , bill, summons or ~ucki other clcce~me~ahppo aror tr; sny per%onJ by w r i t t e n nstloe require the owner Qi occupier of any immovable psaper.t;y-or of ail17 p ~ z k i c r . zh-.reoZ or . - khe owner c r person in charge of any a = v a s ~ z - p o p r t y to state in wrating, within such perisd as the Chief Officer may spec~fy in the notice, zne nacure of his interest therein and the name and address of any other person having an interest t h e r e i n whether as freeholder, msrkgagee, lessee 3s ~ t h ~ . : k i b i "-0 fdr as such name and address are know Sa him, 4 2 ) Any person required by the Chief Officer in . " pureuaace of ,sub- aeii-li.o,n I 3 ) ox caa,y ctkc.r gr:x/~s~c:? of k h i e Regrsl.ation to give the Ghie? :>ZZr.c;er any information shall be bound to comply with the same, and give to trae information to t h e beat of h i s knowledge and belief.

Section 359 – The Daman and Diu Municipalities Regulation 1994 | DailyLaw.ai