Section 21: Powers incidental to intention to acquire land for Federal highway

(1) Subject to the provisions of this section, where it appears to the Minister that land in any locality is likely to be needed for the purposes of a Federal highway, the Minister may in writing authorise any person to enter upon any land in the locality for the purpose of surveying and taking necessary levels, and for that purpose the person so authorised may-
(a) dig into or bore under the subsoil and do all other acts necessary to ascertain whether the land is suitable for use as a Federal highway; and
(b) clear and demarcate the boundaries of any such land.
(2) Notwithstanding the provisions of subsection (1) of this section, the Minister may for purposes of and incidental to this Act surveyor otherwise demarcate in any State and thereafter layoff on a plan the middle line of a Federal highway, and notice of such surveyor demarcation and laying off shall be published in the Federal Gazette, and in the Gazette of any State affected or likely to be affected; if the middle line is so laid off, the Minister may not later than twelve months thereafter, exercise his power under this section within a distance of 60.35 metres on either side of such middle line.
(3) Nothing in this section shall authorise the Minister or any person authorised by him to enter into any building or upon any enclosed court or garden attached to a dwelling house (except with the consent of the occupier thereof) unless at least seven days' notice in writing of the intended entry has been given to such occupier.
(4) Compensation for damage done under this section shall in case of dispute as to amount be determined-
(a) in the case of a customary land in the manner provided by the Land Use Act where a right of occupancy is revoked; and
(b) in any other case by a magistrate having jurisdiction in respect of the place where the land is situated.