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State of Assam - Section

Section 39 in Assam Industrial Infrastructure Development Corporation Act, 1990

39. Power to lay pipelines etc.

(1)Within any area taken our for development under paragraph (b) of clause (ii) of section 14, and for the purpose of (a) carrying gas, water or electricity from a source of supply to, or (b) constructing any sewers, or drain necessary for carrying off the working and waste liquids of an industrial process through any intervening area' the Corporation or any person empowered in this behalf by the State Government by notification (hereinafter in this section referred to as "the authorized person") may lay down, place, maintain, alter remove or repair any pipes, pipelines, conduits, supply or service lines, posts or other appliances or apparatus in, under over, along or across any land in such areas.
(2)The Corporation or the authorized person may at any time enter upon any land in any such area and in such event the provisions of section 48 shall mutatis apply.
(3)While, exercising the power conferred by sub-section (1), the Corporation or the authorized person shall where the land effected in a street, bridge, sewer, drain or tunnel, cause as little damage as possible to such property, and full compensation to all persons interested for any damage sustained by them in consequence of the exercise or such power as aforesaid shall be paid, as the case may be, by the Corporation or, in the case of the authorized persons, by the State Government.
(4)Nothing in this section shall authorize or empowered the Corporation or the authorized person to lay down or place any pipe or other works in to, through or against any building or in any land not dedicated to public use without the consent of toe owner and occupiers thereof, except that the corporation or such person may at any time entire upon and lay or place any new pipe in the place of an existing pipe in any land wherein any pipe has been already lawfully laid down or placed in pursuance of this Act and may repair or alter any pipe so laid down;Provided that nothing in the aforesaid provision shall be construed to mean that the Corporation or other person is forbidden from having the said land acquired at any time by the State Government in the normal course.