Section 3 in The Assam Embankment and Drainage Act, 1953
3. Right of entry upon private land and payment for damage.
- (i) Whenever it appears to the State Government that any embankment or drainage work is likely to be necessary in any locality, a notification to that effect shall be published in the official Gazette, and the Deputy Commissioner shall cause public notice of the substance of such notification to be given at convenient places in the said locality on a date not less than two months in advance of taking up the execution of works.(ii)Upon publication of the modification under sub- section (i) it shall be lawful for any officer generally or specially authorised by the State Government in this behalf and for his servants and workmen to enter upon, survey and take levels of any land, whether covered with water or not ; to dig or bore into the sub-soil to make and set up suitable landmarks, level marks and watergauges and do all acts necessary for investigation of survey of a scheme, or collection of information or data under this Act.(iii)When for the purpose of such inquiry it appears to the officer authorised under sub-section (ii) that it is indispensable to cut down and clear away any part of any standing crop, fence, trees or jungle, he or any other person acting under his orders may do so provided that as far as possible cutting of crops should be avoided.(iv)Every proprietor and settlement holder of any land and every person entitled to receive rent in respect of any land or occupying any land as a tenant shall on the written requisition of the Embankment Officer furnish such information or direct assistance as may be required by the Officer for the purpose of necessary data for any proposal under the Act:Provided that if the aforesaid Officer or person acting under his orders proposes to enter into any enclosed court or garden attached to a dwelling house he shall previously give the occupier of such court or garden at least 2 days' notice in writing of his intention to do so.(v)The Officer so authorised shall pay or tender payment for all damages done as aforesaid within one month of such entry and in case of any dispute as to the sufficiency to the amount so paid or tendered or as to the right to receive such compensation, the matter shall be referred to the Deputy Commissioner for decision on an application being made by the person entitled to receive compensation within six months of the date on which the payment is tendered or made. Thereupon the Deputy Commissioner shall make a decision which shall be based on an inquiry held either by himself or a Gazetted Officer not below the rank of an Extra Assistant Commissioner authorised by him in this behalf.(vi)A person aggrieved by the decision of the Deputy Commissioner may within one month of the decision apply to the Deputy Commissioner for referring the matter to the Court.
