Section 312 in The Calcutta Municipal Corporation Act, 1980
312. Rights of user of property for aqueducts, lines, etc. -
(1)The Municipal Commissioner may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across any immovable property, whether within or without the local limits of the Corporation, without acquiring the same and may, at any time for the purpose of examining, repairing, altering or removing any aqueducts, conduits or lines of mains or pipes or drains, enter on any property over, under, along or across which the aqueducts, conduit or lines of mains or pipes or drains have been placed :Provided that the Corporation shall not acquire any right other than a right of user in the property over, under, along or across which any aqueduct, conduit or line of mains or pipes or drains is placed.(2)The power conferred by sub-section (1) shall not be exercisable in respect of any property vested in the Union or under the control or management of the Central or the State Government or the railway administration or vested in any local authority save with the permission of the Central or the State Government or railway administration or the local authority, as the case may be, and in accordance with the rules or the regulations made in this behalf :Provided that the Municipal Commissioner may, without such permission, repair, renew or amend any existing works of which the character or position is not to be altered, if such repair, renewal or amendment is urgently necessary in order to maintain without interruption the supply of water, drainage or disposal of sewage or is such that delay would be dangerous to health, human life or property.(3)In the exercise of the powers conferred upon him by this section, the Municipal Commissioner shall cause as little damage and inconvenience as may be possible and shall make full compensation for any damage or inconvenience caused by him.
