Section 8 in The Bihar Public Irrigation and Drainage Works Act, 1947
8. Powers of officers and compensation for damage caused by the exercise of such powers.
(1)For the purpose of investigating any proposed work, or for the purpose of preparing plans and estimates or for the purpose of executing any work, the Collector or the Executive Engineer or the Chief Engineer, or any person authorised in this behalf by the Executive Engineer or the Chief Engineer or the [Provincial] [Substituted by A.L.O. as State.] Government may -(a)enter upon, survey and take levels of any land;(b)dig or bore into the sub-soil of any land;(c)do all other acts necessary to ascertain whether the land is suitable for any of the purposes of the proposed work or the sanctioned work;(d)set out the boundaries of the lands likely to be benefited by the proposed work or the sanctioned work and the intended line of the work;(e)mark such boundaries, levels and lines by placing marks or cutting trenches; and(f)if the survey cannot otherwise be made, cut down and clear away any standing crop, tree, fence or jungle or any part thereof:Provided that no person shall, except with the consent of the occupier thereof, enter any building or upon any enclosed court or garden attached to a dwelling house, without previously giving such occupier at least thirty six hours' notice in writing of his intention to do so.(2)When any damage or loss is caused to any person by the exercise of any of the powers conferred by sub-section (1), such person shall, on an application to the Collector, be entitled to receive from the [Provincial] [Substituted by A.L.O. as State.] Government such compensation as the Collector may by an order determine.(3)Payment of the compensation shall be made by the Collector in accordance with the order made by him under sub-section (2).(4)Any person aggrieved by an order passed by the Collector under subsection (2) may, within sixty days of the date of such order, appeal to the prescribed authority.
