Section 81 in Kerala Irrigation and Water Conservation Act, 2003
81. Power of entry, inspection etc.
(1)Any officer of the Revenue Department, not below the rank of Deputy Tahsildar, or any officer not below the rank of Assistant Engineer of the Water Resources Department may, after giving notice in such form as may be prescribed, enter upon any land, with or without assistance of workmen to make any investigation, inspection, test, examination, survey or measurement of any land for the purpose of executing an irrigation work.(2)Any officer of a local authority authorised by such local authority in this behalf may, with or without assistance of workmen, enter upon any land to make any investigation, inspection, test, examination, survey or measurement for the purpose of executing any minor or petty irrigation work or an irrigation work entrusted to such local authority under section 13.(3)Where any officer referred to in sub-section (1) or sub-section (2) proposes to enter any enclosed premises, he shall give the occupier of such enclosed premise at least one day's notice in writing of his intention to do so, if the occupier denies entry on request.(4)Where any damage has been caused to any irrigation work due to accident or otherwise, or where any danger is apprehended to any such irrigation work, any officer referred to in sub-section (1) or sub-section (2), as the case may be, may, with or without assistance of workmen, enter upon any land adjacent to such work and executive the work necessary for the purpose of repairing such damage or preventing danger to the irrigation work.(5)In every case in which action is taken under this section, the officer taking such action shall fix and pay in the prescribed manner compensation to the owner of the land concerned for all damage or loss caused to such owner.(6)Where there is any dispute with respect to the amount of compensation fixed under sub-section (5), the officer shall refer the dispute to the Collector whose decision thereon shall be final.
