Section 23 in Jammu and Kashmir Metropolitan Region Development Authorities Act, 2018
23. Execution of projects in certain cases.
(1)Where the Authority is satisfied that any direction given by it under sub-section (1) of section 21 with regard to any development project or scheme has not been carried out by the Authority referred to therein, within the time specified in the direction or that any such authority is unable to fully implement any project or scheme undertaken by it for the development of any part of the Region, the Authority may itself undertake any work and incur any expenditure for the execution of such development projects or implementation of such schemes, as the case may be, and recover the cost thereof from that Authority.(2)The Authority may also undertake any work in the Region for development in accordance with the Infrastructure Development Plan as may be directed by the Government and may incur such expenditure as may be necessary for the execution of such work. Such direction may be issued to the Authority only where in the opinion of the Government,-(a)there is no other suitable authority to undertake such work, or(b)where there is such an authority but it is unwilling or unable to undertake such work, or(c)where the Authority has specifically requested the Government to entrust such work to it.(3)Where any work is undertaken by the Authority under sub-section (1), it shall be deemed to have, for the purposes of the execution of such work, all the powers which may be exercised by or under any law for the time being in force by the authority referred in sub-section (1).(4)The Authority may, for the purposes of sub-sections (1) and(2), undertake the survey of any area within the Metropolitan Region and for that purpose, it shall be lawful for any officer or servant of the Authority,-(a)to enter in or upon any land and to take level of such land ;(b)to dig or bore into the sub-soil ;(c)to mark levels and boundaries by placing marks and cutting trenches ; and(d)where otherwise the survey cannot be completed and levels taken and boundaries marked, to cut down and clear away any fence.(5)Before entering upon any land for the purpose given in aforesaid sub-section (4), the Authority or an officer authorized by it shall give notice of its intention to do so in such manner as may be specified in the regulations.
