Bare ActsThe West Bengal Town And Country ( Planning And Development ) Act, 1979

Section 115

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

(I) Any officer of the Planning Authority or the Development Authority authorised in this behalf may enter into or upon any land or building with or without assistance or workmen for the purpose of— (a) making any enquiry, inspection, measurement or survey or taking levels of such land or building; (b) setting out boundaries and intended lines of works; (c) specifying such levels, boundaries and lines by placing marks and cutting trenches; (d) examining works under construction and ascertaining the course of sewers and drains; (e) digging or boring into the sub-soil; (f) ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules or regulations made thereunder; and (g) doing any other thing necessary for the efficient administra- tion of this Act: Provided that— (i) in the case of any building used as a dwelling house, or upon any enclosed part or garden attached to such a building, no such entry shall be made without giving the occupier at least twentyfour hours' notice in writing of the intention to enter, unless such occupier agrees; 168 The West Bengal Town and Country (Planning and Development) Act, 1979. XIII of 1979.] (Chapter XI.—Supplemental and Miscellaneous Provisions.— Sections 116-118.) (ii) sufficient opportunity shall be given to enable women (if any) to withdraw from such land or building; (iii) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for entry, to the social and religious usages of the occupants of the land or building. (2) The power of the officer under sub-section (1) shall extend only to the Planning Area of the concerned Authority and such other area which the State Government may have directed to be included in the development plan. (3) Any person who obstructs the entry of a person empowered or authorised under this section to enter into or upon any land or building or molests such person after such entry shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.

Section 115 – The West Bengal Town And Country ( Planning And Development ) Act, 1979 | DailyLaw.ai