5. Power to enter lands for reconnaissance and preliminary survey in connection with highway scheme.
(1)The highway authority, or any officer not below the rank of P.W.D. or local Board Supervisor authorised by the highway authority in this behalf, may undertake a reconnaissance survey in connection with the preparation of a highway scheme and may for this purpose;(a)enter upon any land along with his workmen and survey and take measurements and levels on it,(b)mark such levels, dig or bore into the sub-soil and do all other acts necessary to ascertain whether the land is suitable,(c)set out the boundaries of the proposed, highway by placing marks and cutting trenches, and(d)where otherwise survey can not be completed and the levels taken and the boundaries marked, cut down and clear any part of a standing crop, fence or jungle:Provided that no person shall enter into any building or any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least 48 hours' notice in writing of his intention to do so.(2)The highway authority or the authorised official shall at the time of such entry, pay or tender payment for all necessary damage to be done as aforesaid, and in case of dispute as to the sufficiency of the amount so paid or tendered, shall at once refer the dispute to the decision of the collector or other Chief Revenue Officer, of the district, and such decision shall be final.
