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State of Tripura - Section

Section 48 in Tripura Town and Country Planning Act, 1975

48. Power of entry.

(1)The Chief Town Planner or Town Planning Officer of any Planning Authority or any person authorised by the Board or any Planning Authority in this behalf, may enter into or upon any land or building with or without assistants 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)making 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 thereunder;
(g)doing any other acts necessary for the efficient administration of this Act: Provided that-
(i)in the case of any building used as a dwelling house or upon any enclosed park or garden attached to such a building, no such entry shall be made (unless with the consent of the occupier thereof) without giving such occupier at least 24 hours' notice in writing of the Intention to enter;
(ii)sufficient opportunity shall in every instance 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 which the entry is made, to the social and religious usages of the occupants of the land or building entered.
(2)The power of the Chief Town Planner or the Board under sub-section (1) shall extend to the whole of the State of Tripura and the power of any Town Planning Officer or any Planning Authority under sub-section (1) shall extend only to its Planning Area and such other area which the State Government may have directed to be included in a 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.