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Bengal Presidency - Section

Section 33 in The Bengal Embankment Act, 1882

33. Powers to enter and survey land, etc. -

It shall be lawful for the Engineer, or any person whom he may authorize in that behalf, in order to carry out any of the purposes of this Act,-to enter upon, and survey, and take levels of any land;to dig or bore into the sub-soil;to do all other acts necessary to ascertain whether the land is adopted to the purpose projected by such Engineer or by the Collector;to set out the boundaries of the land proposed to be taken and the intended line of the work proposed to be made thereon;to mark such levels, boundaries and line, by placing marks and cutting trenches;and, where otherwise the survey cannot be completed or the levels taken, to cut down and clear away any part of any standing crop, fence or jungle :Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven day's notice in writing of his intention to do so.The Engineer or other person so authorized shall at the time of such entry tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so tendered, he shall at once refer the dispute to the decision of the Collector, and such decision shall be final.