State Act

The Dadra and Nagar Haveli and Daman and Diu Town and Country Planning Act, 1974

110. Power of entry.— (1) The Chief Town Planner or Town Planning Officer of any Planning and Development Authority or any person authorised 123[by the Government] or any Planning and Development Authority may enter into, or upon, any land or building with or without assistants or workmen for the purpose of— a. making any enquiry, inspection, measurement or survey or taking levels of such land or building; b. setting out boundaries and intended lines of works; c. marking such levels, boundaries and lines by placing marks and cutting trenches; d. examining works under construction and ascertaining the course of sewers and drains; e. digging or boring into the sub-soil; f. ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules or regulations thereunder; g. doing any other act necessary for the efficient administration of this Act: Provided that— i. in the case of any building used as a dwelling house or upon any enclosed part or garden attached to such building, no such entry shall be made (unless with the consent of the occupier thereof) without giving such occupier at least twenty-four hours notice in writing of the intention to enter; ii. sufficient opportunity shall in every case be given to enable women (if any) to withdraw from such land or building; iii. 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 the social and religious usages of the occupants of the land or building entered. 124[(2) The powers of any person or officer authorised by General or Special order under sub-section (1) shall extend to the whole of the Union territory, and the powers of any person or officer authorised by General or Special order under sub-section (1) shall extend to the planning area within the Jurisdiction of that Authority and such other area which the Government may have directed to be included in a Development Plan.] (3) Any person who obstructs the entry of a person empowered or authorized under this section to enter into or upon any land or building or molests such person after such entry shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to 125[ten] thousand rupees, or with both.