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State of Gujarat - Section

Section 111 in The Gujarat Town Planning and Urban Development Act, 1976

111. Power of entry.

(1)The Chief Town Planner or any officer authorised by him, any officer of an appropriate authority, the Town Planning Officer or any person authorised by the State Government, an appropriate authority, or the Town Planning Officer, may for the purpose of preparation of a plan or scheme under this Act, enter into or upon any land or building with or without assistance or workmen for-
(a)taking any measurement or survey or taking levels of such land or building;
(b)setting out and marking boundaries and intended line of development;
(c)marking 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)ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules or regulations thereunder:
Provided that-
(i)in the case of any building used as a dwelling house, or upon any enclosed part of garden attached to such a building, no such entry shall be made except between the hours of sunrise and sunset or without giving its 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 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)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, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.