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State of Maharashtra - Section

Section 47 in Maharashtra Industrial Development Act, 1961

47. Power to lay pipelines etc.

(1)
(i)Within any area taken up for development under paragraph (b) of clause (ii) of section 14, the Corporation, and
(ii)for the purposes of -
(a)carrying gas, water or electricity from a source of supply to, or
(b)constructing any sewers or drains necessary for carrying off the workings and waste liquids of an industrial process through any intervening area, any person empowered in this behalf by the State Government by notification in the Official Gazette (hereinafter in this section referred to as "the authorised 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, on, under, over, along or across any land in such areas.
(2)The Corporation or the authorised person may at any time enter upon any land in any such area and in such event the provisions of section 48 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, drain or tunnel, comply mutatis mutandis with the relevant provisions of the Gas Companies Act, 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.
full compensation to all persons interested for any damage sustained by them in consequence of the exercise of such power as aforesaid shall be paid, as the case may be, by the Corporation or, in the case of the authorised person, by the State Government.
(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 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.