Section 37 in Gujarat Industrial Development Act, 1962
37. Power to lay Pipe-lines, etc.
- [(1) (a) For the purpose of,-(i)carrying gas, water or electricity within any area taken up for development under paragraph, (b) of clause (ii) Section 13 (hereinafter referred to as "the said area"); or(ii)constructing any sewers or drains necessary for carrying off workings and waste liquids of an industrial process through the said area, the Corporation may, after giving reasonable notice to the owner or occupier of any building or land in the said area, lay down, place, maintain, alter, remove, or repair any pipes, pipelines, conduits, supply or service lines, posts or other appliances or apparatus in, on, under, over, along or across any land in the said area.(b)For the purpose of,-(i)carrying gas, water or electricity fro a source of supply to an industrial estate, commercial centre or industrial area, such source of supply being in an area outside such estate, centre or area (hereinafter referred to as "an outside area"); or(ii)constructing any sewers or drains necessary for carrying off workings and waste liquids of an industrial process to or through an outside area, any person empowered in this behalf by the State Government by notification in the Official Gazette (hereinafter referred to as "the authorised person"), may after giving reasonable notice to the owner or occupier of any building or land in the outside area, lay down, place, maintain, alter, remove or repair any pipes, pipelines, conduits, supply or service-lines, posts or other appliances or apparatus in, on, under, over, along or across any land in the outside area.](2)The Corporation or as the case may be, the authorised person may at any time enter upon any land in any such area and in such event the provisions of Section 38 shall mutatis mutandis apply.(3)While exercising the power conferred by sub-section (1), the Corporation or the authorised person shall-(i)where the land affected is a street, bridge, sewer, drain or tunnel, comply mutatis mutandis with the relevant provisions of the Gas Companies Act, 1863 Bombay V of 1863), notwithstanding the fact that the Act is not in force in the area or that the State Government has not issued a notification extending such provisions to such land.(ii)cause as little damage as possible to property.Compensation to all persons interested for extinguishment or modification of rights in property and any damage sustained by them in consequence of the exercise of such powers as aforesaid [shall be paid by the Corporation irrespective of whether the area is the said area or the outside area] [These words were substituted for the words 'shall be paid, as the case may be, by the Corporation, or, in the case of the authorised person, by the State Government, Section 21 (i) by Gujarat II 1756.];Provided that, the amount of compensation in lump sum or in the form of annual rent according as the circumstances of the case may require, shall be fixed and where necessary apportioned by the Collector in accordance with the provisions of the relevant Land Acquisition law.(4)Nothing herein shall authorise or empower the Corporation or the authorised person to lay down or place any pipe or other works into, through or against any building or in any land not dedicated to public use without the consent of the owners and occupiers thereof, except that the Corporation or such person may at any time enter upon and lay or place any new pipe in 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.(5)[ (a) Where the owner or the occupier of any building or land does not reply in writing to the Corporation or the authorised person within a period of fifteen days from the date on which the consent referred to in sub-section (4) is sought, or refuses to give such consent to laying down or placing any pipe or other works into, through or against such building, the Corporation or tehauthorised person shall forthwith make a report in writing of the fact to the Collector.(b)On receipt of the report, if the Collector, after making any inquiry and after giving the owner and the occupier of such building or land, as the case may be, an opportunity of stating his objection to give such consent is satisfied that for ensuring the full and efficient development of the industrial estate, commercial centres, or as the case may be, industrial area it is necessary to permit the Corporation or the authorised person to lay down or place any pipe or other works into, through or against the building or in the land as contemplated by the Corporation or the authorised person, the Collector shall, notwithstanding anything contained in sub-section (4) by an order in writing, grant, the requisite permission to the Corporation or the authorised person.(c)When such permission is granted, it shall be lawful for the Corporation or the authorised person to lay down or place any pipe or other works into, through or against such building or in such land, as if the necessary consent under sub-section (4) has been given.]
