Power of entry

Section 83 of Udaipur Development Authority Act, 2023 deals with power of entry. The Chairman and members of Authority, the Executive Committee, any other Committee, any Functional Board or any body thereof, the Udaipur Development Commissioner and officers and servants of the Authority authorised by him in this behalf with or without assistants or workmen, enter into or upon an The Act was enacted on 19 Jul 2023.

(1) The Chairman and members of Authority, the Executive Committee, any other Committee, any Functional Board or any body thereof, the Udaipur Development Commissioner and officers and servants of the Authority authorised by him in this behalf with or without assistants or workmen, enter into or upon any land or building for the purposes of-

(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;

(b) examining works under construction and ascertaining the course of sewers and drains;

(c) digging or boring into the sub-soil;

(d) setting out boundaries and intended lines of works;

(e) making such lines, boundaries and lines by placing mark and cutting trenches;

(f) ascertaining whether any land is being or has been developed in contravention of any plan or without the permission or in contravention of any condition subject to which such permission has been granted under this Act; or

(g) doing any other thing necessary for the efficient administration of this Act:

Provided that-

(i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice at least of twenty-four hours to the occupier, or if there be no occupier, to the owner of the land or building;

(ii) sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to females to remove to some part of the premises where their privacy need not be disturbed; and

(iii) due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is made, to the social and religious usages of the occupants of the premises entered.

(2) It shall be lawful for any person authorised under sub-section (1) to make an entry for the purpose of inspection or search to open or cause to be opened a door, gate or other barrier,-

(a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search; and

(b) if the owner or occupier is absent or, being present, refuses to open such door, gate or barrier.

Section 83, Udaipur Development Authority Act, 2023 (Act 23 of 2023).