The Metro Railways (Construction of Works) Act, 1978
Administered Ministry: Ministry of Housing and Urban Affairs
Section
Section 1 Short title, commencement and application. 12 docs
(1) This Act may be called the Metro Railways (Construction of Works) Act, 1978.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
(3) It applies in the first instance to the metropolitan city of Calcutta; and the Central Government may, by notification in the Official Gazette, declare that this Act shall also apply to 2[the National Capital Region, such other metropolitan city and metropolitan area, after consultation with the State Government, and with effect from such date as may be specified in that notification and thereupon the provisions of this Act shall apply to the National Capital Region, such metropolitan city or metropolitan area accordingly.]
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
(3) It applies in the first instance to the metropolitan city of Calcutta; and the Central Government may, by notification in the Official Gazette, declare that this Act shall also apply to 2[the National Capital Region, such other metropolitan city and metropolitan area, after consultation with the State Government, and with effect from such date as may be specified in that notification and thereupon the provisions of this Act shall apply to the National Capital Region, such metropolitan city or metropolitan area accordingly.]
1. 1st February, 1979, vide notification No. S.O. 412(E), dated 20th January, 1979, see Gazette of India, Extraordinary, Part II, sec. 3 (ii).
2. Subs. by Act 34 of 2009, s. 2, for certain words (w.e.f. 7-9-2009).
2. Subs. by Act 34 of 2009, s. 2, for certain words (w.e.f. 7-9-2009).
Section 2 Definitions.
(1) In this Act, unless the context otherwise requires,--
(a) "Advisory Board" means the Advisory Board constituted under section 4;
(b) 1["appellate authority"] means the appellate authority appointed under section 16;
(c) "building" means a house, outhouse, stable, latrine, urinal, shed, hut or wall or any other structure or erection, whether of masonry bricks, wood, mud, metal or any other material or any part of a building, but does not include a plant or machinery installed in a building or any part thereof or any portable shelter;
(d) "commissioner" means a commissioner of metro railway appointed under section 27;
2["(e) competent authority" means the competent authority appointed under section 16;]
(f) "development" with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land or planting of any tree on land and includes redevelopment;
(g) "land" includes any right or interest in land;
(h) "metro alignment", in relation to any 3[metropolitan city, metropolitan area and the National Capital Region] means such alignment of the metro railway as is specified in the Schedule under that city and includes the metro railway;
4[(ha) "metropolitan area" shall have the meaning assigned to it in clause (c) of article 243P of the Constitution;]
(i) "metro railway" means a metro railway or any portion thereof for the public carriage of passengers, animals or goods and includes,--
(a) all land within the boundary marks indicating the limits of the land appurtenant to a metro railway,
(b) all lines of rails, sidings, yards or branches worked over for the purposes of, or in connection with, a metro railway,
(c) all stations, offices, ventilation shafts and ducts, warehouses, workshops, manufactories, fixed plants and machineries, sheds, depots and other works constructed for the purpose of, or in connection with, a metro railway;
(j) "metro railway administration", in relation to any metro railway, means the General Manager of that metro railway;
(k) "metropolitan city" means the metropolitan city of Bombay, Calcutta, Delhi or Madras;
(l) "metropolitan city of Bombay" means the area covered by Greater Bombay as defined in the Bombay Municipal Corporation Act, 1888 (Bombay Act III 1888);
(m) "metropolitan city of Calcutta" means the area described under the heading l. Calcutta Metropolitan District in the Schedule to the Calcutta Metropolitan Planning Area (Use and Development of Land) Control Act, 1965 (West Bengal Act XIV of 1965);
(n) "metropolitan city of Delhi" means the entire area of the Union territory of Delhi;
(o) "metropolitan city of Madras" means the area covered by the City of Madras as defined in the Madras City Municipal Act, 1919 (Madras Act IV of 1919);
5[(oa) "National Capital Region" means the National Capital Region as defined in clause (f) of section 2 of the National Capital Region Planning Board Act, 1985 (2 of 1985);]
(p) "prescribed" means prescribed by rules made under this Act;
(q) "rolling stock" includes locomotives, engines, carriages (whether powered or not), wagons, trollies and vehicles of all kinds moving or intended to move on rails;
(r) "to erect", in relation to any building, includes--
(i) any material alteration or enlargement of such building,
(ii) conversion, by structural alteration, into a place for human habitation of such building not originally constructed for human habitation,
(iii) conversion into more than one place for human habitation of such building originally constructed as one such place,
(iv) conversion of two or more places of human habitation in such building into a greater number of such places,
(v) such alteration of such building as would alter the drainage or sanitary arrangements therein or would materially affect its security, and
(vi) the addition of any rooms in such building.
(2) All other words and expressions used herein and not defined but defined in the Indian Railways Act, 1890 (9 of 1890), shall have the meanings, respectively, assigned to them in that Act.
(a) "Advisory Board" means the Advisory Board constituted under section 4;
(b) 1["appellate authority"] means the appellate authority appointed under section 16;
(c) "building" means a house, outhouse, stable, latrine, urinal, shed, hut or wall or any other structure or erection, whether of masonry bricks, wood, mud, metal or any other material or any part of a building, but does not include a plant or machinery installed in a building or any part thereof or any portable shelter;
(d) "commissioner" means a commissioner of metro railway appointed under section 27;
2["(e) competent authority" means the competent authority appointed under section 16;]
(f) "development" with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land or planting of any tree on land and includes redevelopment;
(g) "land" includes any right or interest in land;
(h) "metro alignment", in relation to any 3[metropolitan city, metropolitan area and the National Capital Region] means such alignment of the metro railway as is specified in the Schedule under that city and includes the metro railway;
4[(ha) "metropolitan area" shall have the meaning assigned to it in clause (c) of article 243P of the Constitution;]
(i) "metro railway" means a metro railway or any portion thereof for the public carriage of passengers, animals or goods and includes,--
(a) all land within the boundary marks indicating the limits of the land appurtenant to a metro railway,
(b) all lines of rails, sidings, yards or branches worked over for the purposes of, or in connection with, a metro railway,
(c) all stations, offices, ventilation shafts and ducts, warehouses, workshops, manufactories, fixed plants and machineries, sheds, depots and other works constructed for the purpose of, or in connection with, a metro railway;
(j) "metro railway administration", in relation to any metro railway, means the General Manager of that metro railway;
(k) "metropolitan city" means the metropolitan city of Bombay, Calcutta, Delhi or Madras;
(l) "metropolitan city of Bombay" means the area covered by Greater Bombay as defined in the Bombay Municipal Corporation Act, 1888 (Bombay Act III 1888);
(m) "metropolitan city of Calcutta" means the area described under the heading l. Calcutta Metropolitan District in the Schedule to the Calcutta Metropolitan Planning Area (Use and Development of Land) Control Act, 1965 (West Bengal Act XIV of 1965);
(n) "metropolitan city of Delhi" means the entire area of the Union territory of Delhi;
(o) "metropolitan city of Madras" means the area covered by the City of Madras as defined in the Madras City Municipal Act, 1919 (Madras Act IV of 1919);
5[(oa) "National Capital Region" means the National Capital Region as defined in clause (f) of section 2 of the National Capital Region Planning Board Act, 1985 (2 of 1985);]
(p) "prescribed" means prescribed by rules made under this Act;
(q) "rolling stock" includes locomotives, engines, carriages (whether powered or not), wagons, trollies and vehicles of all kinds moving or intended to move on rails;
(r) "to erect", in relation to any building, includes--
(i) any material alteration or enlargement of such building,
(ii) conversion, by structural alteration, into a place for human habitation of such building not originally constructed for human habitation,
(iii) conversion into more than one place for human habitation of such building originally constructed as one such place,
(iv) conversion of two or more places of human habitation in such building into a greater number of such places,
(v) such alteration of such building as would alter the drainage or sanitary arrangements therein or would materially affect its security, and
(vi) the addition of any rooms in such building.
(2) All other words and expressions used herein and not defined but defined in the Indian Railways Act, 1890 (9 of 1890), shall have the meanings, respectively, assigned to them in that Act.
1. Subs. by Act 41 of 1982, s. 2, for "arbitrator" (w.e.f. 15-5-1983).
2. Subs. by s. 3, ibid., for clause (e) (w.e.f. 15-5-1983).
3. Subs by Act 34 of 2009, s. 3, for "metropolitan city" (w.e.f. 7-9-2009).
4. Ins. by s. 4, ibid. (w.e.f. 7-9-2009).
5. Ins. by Act 34 of 2009, s. 4 (w.e.f. 7-9-2009).
2. Subs. by s. 3, ibid., for clause (e) (w.e.f. 15-5-1983).
3. Subs by Act 34 of 2009, s. 3, for "metropolitan city" (w.e.f. 7-9-2009).
4. Ins. by s. 4, ibid. (w.e.f. 7-9-2009).
5. Ins. by Act 34 of 2009, s. 4 (w.e.f. 7-9-2009).
Section 3 General Manager.
The Central Government may, for the purposes of this Act, appoint a General Manager for every metro railway.
Section 4 Constitution of Advisory Board. 1 docs
(1) The Central Government may constitute an Advisory Board, for every metro railway for the purpose of assisting or advising that Government on--
(a) the formulation and co-ordination of plans for the development of metro railway and its expansion;
(b) the financing and execution of any project for the construction of the metro railway;
(c) such other matters as may be referred to it for carrying out the purposes of this Act and in particular for the purpose of ensuring that the functions of the metro railway administration are exercised with due regard to the circumstances or conditions prevailing in, and requirements of, the 1[metropolitan city, metropolitan area and the National Capital Region].
(2) The Advisory Board shall consist of such number of members (being officers of the Government) not exceeding nine as may be appointed to it by the Central Government.
(3) The Central Government shall appoint one of the members of the Advisory Board as its Chairman.
(4) The Central Government shall publish in the Official Gazette the names of all the members of the Advisory Board and the Chairman thereof.
(5) The Advisory Board shall meet at such times and places and shall observe such procedure in regard to the transaction of its business as may be prescribed.
(6) The members of the Advisory Board shall hold office for such term as may be prescribed.
(a) the formulation and co-ordination of plans for the development of metro railway and its expansion;
(b) the financing and execution of any project for the construction of the metro railway;
(c) such other matters as may be referred to it for carrying out the purposes of this Act and in particular for the purpose of ensuring that the functions of the metro railway administration are exercised with due regard to the circumstances or conditions prevailing in, and requirements of, the 1[metropolitan city, metropolitan area and the National Capital Region].
(2) The Advisory Board shall consist of such number of members (being officers of the Government) not exceeding nine as may be appointed to it by the Central Government.
(3) The Central Government shall appoint one of the members of the Advisory Board as its Chairman.
(4) The Central Government shall publish in the Official Gazette the names of all the members of the Advisory Board and the Chairman thereof.
(5) The Advisory Board shall meet at such times and places and shall observe such procedure in regard to the transaction of its business as may be prescribed.
(6) The members of the Advisory Board shall hold office for such term as may be prescribed.
1. Subs. by Act 34 of 2009, s. 3, for "metropolitan city" (w.e.f. 7-9-2009).
Section 5 Committees.
(1) The Advisory Board may constitute as many committees as it deems necessary consisting wholly of members of such Board or wholly of other persons or partly of members of the Board and partly of other persons for such purposes as it may think fit.
(2) Every committee constituted under sub-section (1) shall meet at such times and places and shall observe such procedure in regard to the transaction of its business as may be prescribed.
(3) There shall be paid to the members of the committee who are not members of the Advisory Board, such fees and allowances for attendance at the meetings of the committee and such travelling allowances as may be prescribed.
(2) Every committee constituted under sub-section (1) shall meet at such times and places and shall observe such procedure in regard to the transaction of its business as may be prescribed.
(3) There shall be paid to the members of the committee who are not members of the Advisory Board, such fees and allowances for attendance at the meetings of the committee and such travelling allowances as may be prescribed.
Section 6 Power to acquire land, etc.
Where it appears to a metro railway administration that for the construction of any metro railway or any other work connected therewith--
(a) any land, building, street, road or passage, or
(b) any right of user, or any right in the nature of easement, therein,
is required for such construction or work, it shall apply to the Central Government in such form as may be prescribed for acquiring such land, building, street, road or passage or such right of user or easement.
(a) any land, building, street, road or passage, or
(b) any right of user, or any right in the nature of easement, therein,
is required for such construction or work, it shall apply to the Central Government in such form as may be prescribed for acquiring such land, building, street, road or passage or such right of user or easement.
Section 7 Publication of notification for acquisition.
(1) On receipt of an application under section 6, the Central Government, after being satisfied that the requirement mentioned therein is for a public purpose may, by notification in the Official Gazette, declare its intention to acquire the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein referred to in the application.
(2) Every notification under sub-section (1) shall give a brief description of the land, building, street, road or passage.
(3) The competent authority shall cause the substance of the notification to be published in such places and in such manner as may be prescribed.
(2) Every notification under sub-section (1) shall give a brief description of the land, building, street, road or passage.
(3) The competent authority shall cause the substance of the notification to be published in such places and in such manner as may be prescribed.
Section 8 Power to enter for survey, etc.
On the issue of a notification under sub-section (1) of section 7, it shall be lawful for the metro railway administration or any officer or other employee of the metro railway--
(a) to enter upon and survey and take level of the land, building, street, road or passage specified in the notification;
(b) to dig or bore into the sub-soil;
(c) to set out the intended work;
(d) to mark such levels, boundaries or lines by placing marks and cutting trenches;
(e) to do all other acts necessary to ascertain whether the metro railway can be laid upon or under the land, building, street, road or passage, as the ease may be:
Provided that while exercising any power under this section the metro railway administration or such officer or other employee shall cause as little damage or injury as possible to such land, building, street, road or passage, as the case may be.
(a) to enter upon and survey and take level of the land, building, street, road or passage specified in the notification;
(b) to dig or bore into the sub-soil;
(c) to set out the intended work;
(d) to mark such levels, boundaries or lines by placing marks and cutting trenches;
(e) to do all other acts necessary to ascertain whether the metro railway can be laid upon or under the land, building, street, road or passage, as the ease may be:
Provided that while exercising any power under this section the metro railway administration or such officer or other employee shall cause as little damage or injury as possible to such land, building, street, road or passage, as the case may be.
Section 9 Hearing of objection.
(1) Any person interested in the land, building, street, road or passage may, within twenty-one days from the 1[date of publication under sub-section (3) of section 7 of the substance of the notification under sub-section (1) of that section] object to the construction of the metro railway or any other work connected therewith upon or under the land, building, street, road or passage, as the case may be.
2[Explanation.--For the purposes of this sub-section, where the substance of the notification under sub-section (1) of section 7 is published on different dates at different places, the last of such dates shall be deemed to be the date on which substance of the notification has been published.]
(2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or 2[by an agent or] by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections.
Explanation.--For the purposes of this sub-section "legal practitioner" has the same meaning as in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961 (25 of 1961).
(3) Any order made by the competent authority under sub-section (2) shall be final.
2[Explanation.--For the purposes of this sub-section, where the substance of the notification under sub-section (1) of section 7 is published on different dates at different places, the last of such dates shall be deemed to be the date on which substance of the notification has been published.]
(2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or 2[by an agent or] by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections.
Explanation.--For the purposes of this sub-section "legal practitioner" has the same meaning as in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961 (25 of 1961).
(3) Any order made by the competent authority under sub-section (2) shall be final.
1. Subs. by Act 41 of 1982, s. 4, for certain words, brackets and figures (w.e.f. 15-5-1983).
2. Ins. by s. 4, ibid. (w.e.f. 15-5-1983).
2. Ins. by s. 4, ibid. (w.e.f. 15-5-1983).
Section 10 Declaration of acquisition.
(1) Where no objection under sub-section (1) of section 9 has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under sub-section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein for laying the metro railway should be acquired.
(2) On the publication of the declaration under sub-section (1), the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein shall vest absolutely in the Central Government free from all encumbrances.
(3) Where in respect of any land, building, street, road or passage, a notification has been published under sub-section (1) of section 7 either for its acquisition or for the acquisition of the right of user, or any right in the nature of easement, therein, but no declaration under this section has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect:
1[Provided that in computing the said period of one year, the period or periods during which any action or proceeding to be taken in pursuance of the notification issued under sub-section (1) of section 7 [including any such action or proceeding pending immediately before the commencement of the Metro Railways (Construction of Works) Amendment Act, 1987 (42 of 1987)] is stayed by an order of a Court, whether granted before or after such commencement, shall be excluded.]
(4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority.
(2) On the publication of the declaration under sub-section (1), the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein shall vest absolutely in the Central Government free from all encumbrances.
(3) Where in respect of any land, building, street, road or passage, a notification has been published under sub-section (1) of section 7 either for its acquisition or for the acquisition of the right of user, or any right in the nature of easement, therein, but no declaration under this section has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect:
1[Provided that in computing the said period of one year, the period or periods during which any action or proceeding to be taken in pursuance of the notification issued under sub-section (1) of section 7 [including any such action or proceeding pending immediately before the commencement of the Metro Railways (Construction of Works) Amendment Act, 1987 (42 of 1987)] is stayed by an order of a Court, whether granted before or after such commencement, shall be excluded.]
(4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority.
1. Proviso added by Act 42 of 1987, s. 2 (w.e.f. 9-12-1987).
Section 11 Power to take possession of acquired land, etc.
(1) 1[Where any land, building, street, road or passage has vested under sub-section (2) of section 10 and the amount determined by the competent authority under section 13 with respect to such land, building, street, road or passage has been deposited, under sub-section (1) of section 14, with the competent authority by the Central Government], the competent authority may by notice in writing direct the owner as well as any other person who may be in possession of such land, building, street, road or passage to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within sixty days of the service of the notice.
(2) If any person refuses or fails to comply with any direction made under sub-section (1), the competent authority shall apply,--
(a) in the case of any land, building, street, road or passage situated in any area falling within the Presidency-town of Bombay, Calcutta or Madras, to the Commissioner of Police;
(b) in the ease of any land, building, street, road or passage situated in any area other than the area referred to in clause (a), to the Executive Magistrate,
and such Commissioner or Magistrate, as the case may be, shall enforce the surrender of the land, building, street, road or passage to the competent authority or to the person duly authorised by it.
(2) If any person refuses or fails to comply with any direction made under sub-section (1), the competent authority shall apply,--
(a) in the case of any land, building, street, road or passage situated in any area falling within the Presidency-town of Bombay, Calcutta or Madras, to the Commissioner of Police;
(b) in the ease of any land, building, street, road or passage situated in any area other than the area referred to in clause (a), to the Executive Magistrate,
and such Commissioner or Magistrate, as the case may be, shall enforce the surrender of the land, building, street, road or passage to the competent authority or to the person duly authorised by it.
1. Subs. by Act 41 of 1982, s. 5, for certain words, brackets and figures (w.e.f. 15-5-1983).
Section 12 Right to enter into the land where right of user, etc., is vested in the Central Government.
Where the right of user in, or any right in the nature of easement on, any land, building, street, road or passage has vested in the Central Government under section 10, it shall be lawful for the metro railway administration or any officer or other employee of the Central Government to enter and do any other act necessary upon the land, building, street, road or passage for carrying out the construction of the metro railway or any other work connected therewith.
Section 13 Determination of amount payable for acquisition.
(1) Where any land, building, street, road or passage is acquired under this Act, there shall be paid an amount which shall be determined 1[by an order of the competent authority].
(2) Where the right of user in, or any right in the nature of an easement on, any land, building, street, road or passage is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land, building, street, road or passage has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent. of the amount determined under sub-section (1) for that land, building, street, road or passage.
2[(2A) Before proceeding to determine the amount under sub-section (1) or sub-section (2), the competent authority shall give a public notice published in the prescribed manner inviting claims from all persons interested in the land, building, street, road or passage, or the right of user or the right in the nature of easement therein to be acquired.
(2B) Such notice shall state the particulars of the land, building, street, road or passage acquired, or the right of user or the right in the nature of easement therein acquired and shall require all persons interested in such land, building, street, road or passage or right of user or right in the nature of easement therein, to appear in person, or by an agent or by a legal practitioner referred to in sub-section (2) of section 9, before the competent authority, at a time and place therein mentioned (such time not being earlier than fifteen days after the date of the publication of the notice) and to state the nature of their respective interests in such land, building, street, road or passage or right of user or right in the nature of easement therein.]
(3) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties the amount shall, 3[on an appeal preferred by either of the parties to the appellate authority, within a period of sixty days from the date of the order appealed against, be determined by an order of the appellate authority].
(4) The competent authority or the 4[appellate authority] while determining the amount under sub-section (1) or sub-section (3), as the case may be, shall take into consideration--
(a) the market value of the land, building, street, road or passage on the date of publication of the notification under section 7;
(b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land;
(c) the damage, if any, sustained by the person interested at the time of taking possession of the land, building, street, road or passage by reason of the acquisition injuriously affecting his other immovable property in any other manner, or his earnings;
(d) if, in consequence of the acquisition of the land, building, street, road or passage, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.
(2) Where the right of user in, or any right in the nature of an easement on, any land, building, street, road or passage is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land, building, street, road or passage has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent. of the amount determined under sub-section (1) for that land, building, street, road or passage.
2[(2A) Before proceeding to determine the amount under sub-section (1) or sub-section (2), the competent authority shall give a public notice published in the prescribed manner inviting claims from all persons interested in the land, building, street, road or passage, or the right of user or the right in the nature of easement therein to be acquired.
(2B) Such notice shall state the particulars of the land, building, street, road or passage acquired, or the right of user or the right in the nature of easement therein acquired and shall require all persons interested in such land, building, street, road or passage or right of user or right in the nature of easement therein, to appear in person, or by an agent or by a legal practitioner referred to in sub-section (2) of section 9, before the competent authority, at a time and place therein mentioned (such time not being earlier than fifteen days after the date of the publication of the notice) and to state the nature of their respective interests in such land, building, street, road or passage or right of user or right in the nature of easement therein.]
(3) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties the amount shall, 3[on an appeal preferred by either of the parties to the appellate authority, within a period of sixty days from the date of the order appealed against, be determined by an order of the appellate authority].
(4) The competent authority or the 4[appellate authority] while determining the amount under sub-section (1) or sub-section (3), as the case may be, shall take into consideration--
(a) the market value of the land, building, street, road or passage on the date of publication of the notification under section 7;
(b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land;
(c) the damage, if any, sustained by the person interested at the time of taking possession of the land, building, street, road or passage by reason of the acquisition injuriously affecting his other immovable property in any other manner, or his earnings;
(d) if, in consequence of the acquisition of the land, building, street, road or passage, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.
1. Subs. by s. 6, ibid., for "by the competent authority" (w.e.f. 15-5-1983).
2. Ins. by s. 6, ibid. (w.e.f. 15-5-1983).
3. Subs. by Act 41 of 1982, s. 6, for "on an application by either of the parties, to the arbitrator, be determines by the arbitrator" (w.e.f. 15-5-1983).
4. Subs. by s. 2, ibid., for "arbitrator" (w.e.f. 15-5-1983).
2. Ins. by s. 6, ibid. (w.e.f. 15-5-1983).
3. Subs. by Act 41 of 1982, s. 6, for "on an application by either of the parties, to the arbitrator, be determines by the arbitrator" (w.e.f. 15-5-1983).
4. Subs. by s. 2, ibid., for "arbitrator" (w.e.f. 15-5-1983).
Section 14 Deposit and payment of amount.
(1) The amount determined 1*** under section 13 shall be deposited by the Central Government in such manner as may be prescribed with the competent authority 2[within such time as may be fixed by that authority].
(2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto:
3[Provided that where an appeal has been or is likely to be preferred under section 13 against the order by which such amount was determined and the competent authority is satisfied for reasons to be recorded in writing that it is necessary or expedient so to do, he may by order in writing--
(a) require the person claiming payment of such amount to furnish as a condition of receiving such payment such security as may be specified in the order; or
(b) if such person fails to furnish such security, withhold the payment of the whole or any part of such amount for such period as may be specified in the order.]
(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.
(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land, building, street, road or passage is situated.
(5) Where the amount determined under section 13 by the 4[appellate authority] is in excess of the amount determined by the competent authority, the 4[appellate authority] may award interest at six per cent. per annum on such excess amount from the date of taking possession under section 11 till the date of the actual deposit thereof.
(6) Where the amount determined by the 4[appellate authority] is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government in such manner as may be prescribed with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit.
(2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto:
3[Provided that where an appeal has been or is likely to be preferred under section 13 against the order by which such amount was determined and the competent authority is satisfied for reasons to be recorded in writing that it is necessary or expedient so to do, he may by order in writing--
(a) require the person claiming payment of such amount to furnish as a condition of receiving such payment such security as may be specified in the order; or
(b) if such person fails to furnish such security, withhold the payment of the whole or any part of such amount for such period as may be specified in the order.]
(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.
(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land, building, street, road or passage is situated.
(5) Where the amount determined under section 13 by the 4[appellate authority] is in excess of the amount determined by the competent authority, the 4[appellate authority] may award interest at six per cent. per annum on such excess amount from the date of taking possession under section 11 till the date of the actual deposit thereof.
(6) Where the amount determined by the 4[appellate authority] is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government in such manner as may be prescribed with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit.
1. The words "by the competent authority" omitted by s. 7, ibid, (w.e.f. 15-5-1983).
2. Subs. by s. 7, ibid., for "before taking possession of the land, building, street, road or passage" (w.e.f. 15-5-1983).
3. Proviso added by s. 7, ibid. (w.e.f. 15-5-1983).
4. Subs. by Act 41 of 1982, s. 2, for "arbitrator" (w.e.f. 15-5-1983).
2. Subs. by s. 7, ibid., for "before taking possession of the land, building, street, road or passage" (w.e.f. 15-5-1983).
3. Proviso added by s. 7, ibid. (w.e.f. 15-5-1983).
4. Subs. by Act 41 of 1982, s. 2, for "arbitrator" (w.e.f. 15-5-1983).
Section 15 Competent authority to have certain powers of civil court.
The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witnesses.
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witnesses.
Section 15A Power to inspect property under acquisition.
1[15A. Power to inspect property under acquisition.--The competent authority may, with or without assistants or workmen, enter into or upon any land, building, street, road or passage, for the purpose of performing his functions under this Act and make such enquiry, inspection, measurement and take such photographs and prepare such memorandum thereof as he may consider necessary:
Provided that--
(i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to--
(a) the owner of, or the person interested in, the land, building, street, road or passage; or
(b) the person whose right of user in or right in the nature of easement on the land, building, street, road or passage is acquired; or
(c) the person who sustains any loss or damage to the land, building, street, road or passage in consequence of any direction given by the Central Government or any power exercised by the metro railway administration under this Act;
(ii) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land, building, street, road or passage;
(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 usage of the person to whom notice as aforesaid is given;
(iv) the competent authority making the entry shall cause as little damage or injury as possible, to the land, building, street, road or passage.]
Provided that--
(i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to--
(a) the owner of, or the person interested in, the land, building, street, road or passage; or
(b) the person whose right of user in or right in the nature of easement on the land, building, street, road or passage is acquired; or
(c) the person who sustains any loss or damage to the land, building, street, road or passage in consequence of any direction given by the Central Government or any power exercised by the metro railway administration under this Act;
(ii) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land, building, street, road or passage;
(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 usage of the person to whom notice as aforesaid is given;
(iv) the competent authority making the entry shall cause as little damage or injury as possible, to the land, building, street, road or passage.]
1. Ins. by s. 8, ibid. (w.e.f. 15-5-1983).
Section 16 Competent authority and appellate authority.
1[16. Competent authority and appellate authority.--(1) For every metro railway, the Central Government shall, for the purposes of this Act, by notification in the Official Gazette, appoint--
(i) a competent authority; and
(ii) an appellate authority,
for such area as may be specified in the notification.
(2) A person shall not be qualified for appointment as a competent authority unless he is holding, or has held, a judicial office, not lower in rank than that of a subordinate judge.
(3) A person shall not be qualified for appointment as an appellate authority unless he is holding, or has held, a judicial office, not lower in rank than that of a district judge.
Explanation.--For the purpose of this section,--
(a) "district judge" includes an additional district judge;
(b) "subordinate judge" means subordinate judge in the judicial service of West Bengal, and includes any judicial officer (by whatever name called) of an equivalent rank in the judicial service of any other State.]
(i) a competent authority; and
(ii) an appellate authority,
for such area as may be specified in the notification.
(2) A person shall not be qualified for appointment as a competent authority unless he is holding, or has held, a judicial office, not lower in rank than that of a subordinate judge.
(3) A person shall not be qualified for appointment as an appellate authority unless he is holding, or has held, a judicial office, not lower in rank than that of a district judge.
Explanation.--For the purpose of this section,--
(a) "district judge" includes an additional district judge;
(b) "subordinate judge" means subordinate judge in the judicial service of West Bengal, and includes any judicial officer (by whatever name called) of an equivalent rank in the judicial service of any other State.]
1. Subs. by s. 9, ibid., for section 16 (w.e.f. 15-5-1983).
Section 16A Powers of the appellate authority.
1[16A. Powers of the appellate authority.--(1) The appellate authority may admit an appeal filed after the expiry of the period referred to in section 13 or section 22 or section 25, as the case may be, if he is satisfied that there was sufficient cause for not presenting it within that period.
(2) For the disposal of an appeal under this Act, the appellate authority shall have the same powers (including the powers under sections 15 and 15A), and shall, subject to the provisions of this section, perform as nearly as may be the same duties as are conferred or imposed by this Act on the competent authority in respect of the matters under Chapter III and Chapter IV.
(3) The appellate authority may, if he thinks it expedient so to do, call in his aid one or more assessors and hear the appeal wholly or partly with the aid of such assessors.
(4) For the purpose of determining the amount under any appeal before him, the appellate authority may, after making such further enquiry or after taking such additional evidence, as may be necessary, pass such order as he thinks fit, determining the amount, by confirming, modifying or annulling the order appealed against.
(5) An order of the appellate authority determining the amount under this Act shall be final.]
(2) For the disposal of an appeal under this Act, the appellate authority shall have the same powers (including the powers under sections 15 and 15A), and shall, subject to the provisions of this section, perform as nearly as may be the same duties as are conferred or imposed by this Act on the competent authority in respect of the matters under Chapter III and Chapter IV.
(3) The appellate authority may, if he thinks it expedient so to do, call in his aid one or more assessors and hear the appeal wholly or partly with the aid of such assessors.
(4) For the purpose of determining the amount under any appeal before him, the appellate authority may, after making such further enquiry or after taking such additional evidence, as may be necessary, pass such order as he thinks fit, determining the amount, by confirming, modifying or annulling the order appealed against.
(5) An order of the appellate authority determining the amount under this Act shall be final.]
1. Ins. by Act 41 of 1982, s. 10 (w.e.f. 15-5-1983).
Section 16B Competent authority, etc., to have certain inherent powers.
1[16B. Competent authority, etc., to have certain inherent powers.--The competent authority and the appellate authority may exercise powers of the nature referred to in section 151 of the Code of Civil Procedure, 1908 (5 of 1908), to the same extent and for the same purposes as such powers are exercisable by civil courts.]
1. Ins. by Act 41 of 1982, s. 10 (w.e.f. 15-5-1983).
Section 16C Enforcement of the orders of the competent authority and appellate authority.
1[16C. Enforcement of the orders of the competent authority and appellate authority.--(1) Any order made by the competent authority or the appellate authority determining any amount payable under this Act may be enforced in the same manner as if such order were a decree made by a civil court in a suit pending therein, and it shall be lawful for such authority to send, in the case of his inability to execute, such order, to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the order was made.
(2) Where any order under sub-section (1) is required to be enforced by the principal civil court of original jurisdiction, a certified copy of the order shall be produced to the proper officer of the court required to enforce the order.
(3) The production of such certified copy shall be sufficient evidence of the order.
(4) Upon the production of such certified copy, the principal civil court of original jurisdiction shall take the requisite steps for enforcing the order, in the same manner as if it had been a decree made by itself.]
(2) Where any order under sub-section (1) is required to be enforced by the principal civil court of original jurisdiction, a certified copy of the order shall be produced to the proper officer of the court required to enforce the order.
(3) The production of such certified copy shall be sufficient evidence of the order.
(4) Upon the production of such certified copy, the principal civil court of original jurisdiction shall take the requisite steps for enforcing the order, in the same manner as if it had been a decree made by itself.]
1. Ins. by Act 41 of 1982, s. 10 (w.e.f. 15-5-1983).