Section 53 in Kerala Water Supply and Sewerage Act, 1986
53. Power of entry, survey, inspection, etc.
(1)Any Officer of the Authority authorised by it in that behalf may with or without assistance of workmen enter into or upon any premises in order -(a)to make any inspection, survey, measurement or enquiry ;(b)to take level ;(c)to dig or bore into the sub-soil ;(d)to set out boundaries and intended lines of work ;(e)to mark such levels, boundaries and lines by placing marks and cutting trenches ; or(f)to do any other thing necessary for the purpose of this Act or any rule or regulation made thereunder.Provided that -(i)no such entry into a building shall be made between sunset and sunrises;(ii)no dwelling house or place shall be so entered except with the consent of the occupier thereof or without giving the occupier at least twenty four hours notice of the intention to make such entry ;(iii)reasonable opportunity and facility shall be allowed to the women occupying any part of a dwelling house to withdraw ; and(iv)due regard shall, so far as feasible, be paid to the social and religious customs and usages of the occupants of the premises entered into.(2)Whenever any officer of the Authority authorised under sub-section (1) eaters into or upon any premises in pursuance of that sub-section, he shall, at the time of such entry pay or tender payment for the damage, if any, to be caused by any act as aforesaid and in case of dispute as to the sufficiency of the amount of compensation such dispute shall be referred to the Chairman whose decision thereon shall be final.(3)When any person is entitled to enter into or open any premises in exercise of the powers under sub-section (1) he may also enter in similar manner into or upon any adjoining premises for any work authorised by or under this Act, or for the purpose of depositing therein any soil, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.(4)It shall be lawful for any officer authorised in this behalf by the Authority to make any entry into any place to open or cause to be opened any door, gate or other barrier,-(a)If he considers the opening thereof necessary for the purpose of such entry, and(b)If the owner or occupier is absent, or being present refuses to open such door, gate or barrier.(5)Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier under sub-section (4), the person authorised in this behalf shall call upon two or more persons of the locality in which the place to be entered into is situated to witness the entry or opening and may issue an order in writing to them or any of them so to do.(6)The officer so authorised shall in exercise of any power conferred by sub-section (4) do as little damage as may be possible and compensation for such damage shall be payable by the Authority to the owner or occupier of such premises or to both and in the case of any dispute as to the sufficiency of the amount of compensation, the dispute shall be referred to the chairman, whose decision thereon shall be final.
