Section 147 in The Orissa Town Planning and Improvement Trust Act, 1956
147. Power of entry.
(1)The Chairman or any person either generally or specially authorised by the Chairman in this behalf may, with or without assistants or workmen, enter into or upon any land in order -(a)to make any inspection, survey, measurement, valuation or inquiry;(b)to take levels;(c)to dig or bore into the sub-soil;(d)to set out boundaries and intended lines of work;(e)to mark such levels, boundaries and lines by placing marks, and cutting trenches; or(f)to do any other thing incidental thereto;whenever it is necessary to do so for any of the purposes of this Act or any Rule made or scheme sanctioned thereunder or any scheme with the Planning authority intends to frame thereunder :Provided that -(a)no such survey shall be made between sunset and sunrise;(b)no dwelling house, and no public building or hut which is used as a dwelling place, shall be so entered, unless with the consent of the occupier thereof, without giving the said occupier at least twenty-four hours previous written notice of the intention to make such entry;(c)sufficient notice shall, in every instance, be given to enable the inmates of any apartment appropriated to women to remove themselves to some part of the premises where their privacy will not be disturbed;(d)due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made to social and religious usages of the occupants of the premises entered.(2)Whenever the Chairman or a person authorised under Sub-section (1) enters into or upon any land in pursuance of that sub-section, he shall, at the time of such entry, pay or tender payment for all necessary damage to be done as aforesaid; and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Planning authority whose decision shall be final.
