Section 43 in The West Bengal Industrial Infra-Structure Development Corporation Act, 1974
43. Power of Corporation to lay down pipes, conduits, etc., in area taken up for development.
(1)(a)Any officer of the Corporation empowered by it in his behalf (hereinafter in this section referred to as "the empowered officer"), may, within any area taken up for development under section 13 and section 14, and(b)any person empowered in this behalf by the State Government by notification (hereinafter in this section referred to as "the authorised person"), may, for the purposes of-(i)carrying gas, water or electricity from a source of supply to the area referred to in clause (a), or(ii)constructing any sewers or drains necessary for carrying off the working and waste liquids of an industrial process through any intervening area,lay down, place, maintain, alter, remove or repair any pipe lines, conduits, supply or service lines, posts or other appliances or apparatus in, on, under, over, along or across any land in such areas.(2)The empowered officer or the authorised person may at any time enter upon any land in any such area, and in such even the provisions of section 44 shall mutatis mutandis apply.(3)While exercising the power conferred by sub-section (1), the empowered officer or the authorised person shall, where the land affected is a street, bridge, sewer, drain or tunnel, cause as little damage as possible to such property.(4)Full compensation to all persons, to whom damage has been caused in consequence of the exercise of the power conferred under sub-section (1) shall be paid, -(i)where such power is exercised by the empowered officer, by the Corporation, or(ii)where such power is exercised by the authorised person, by the State Government.(5)Nothing in this section shall authorise or empower any officer or person referred to in sub-section (2) to lay down or place any pipe or other works into, through or against any building or any land, not dedicated to public use, without the consent of the owners and occupiers thereof, except that such officer or person may, at any time, enter upon and lay or place any new pipe in the place of an existing pipe in any land in which any pipe has been already lawfully laid down or placed in pursuance of this Act, and may repair or alter any pipe so laid down :Provided that nothing in the aforesaid provision shall be construed to mean that the Corporation or the authorised person is debarred from having the said land acquired at any time by the State Government in the normal course.
