The Metro Railways (Construction of Works) Act, 1978
Administered Ministry: Ministry of Housing and Urban Affairs
Section
Section 17 Land Acquisition Act 1 of 1894 not to apply.
Nothing in the Land Acquisition Act, 1894, shall apply to an acquisition under this Act.
Section 18 Functions of metro railway administration.
Subject to the control of the Central Government, the metro railway administration shall, for the purpose of constructing any metro railway or any other work connected therewith,--
(a) make or construct in, upon, across, under or over any lands, buildings, streets, roads, railways or tramways or any rivers, canals, brooks, streams or other waters or any drains, water-pipes, gas-pipes, electric lines or telegraph lines, such temporary or permanent inclined planes, arches, tunnels, culverts, embankments, aqueducts, bridges, ways or passages, as the metro railway administration thinks proper;
(b) alter the course of any rivers, canals, brooks, streams or water-courses for the purpose of constructing tunnels, passages or other works over or under them and divert or alter as well temporarily as permanently, the course of any rivers, canals, brooks, streams or water-courses or any drains, water-pipes, gas-pipes, electric lines or telegraph lines or raise or sink the level thereof in order the more conveniently to carry them over or under, as the metro railway administration thinks proper;
(c) make drains or conduits into, through or under, any lands adjoining the metro railway for the purpose of conveying water from or to the metro railway;
(d) erect or construct search houses, warehouses, offices and other buildings and such yards, stations, engines, machinery, apparatus and other works and conveniences, as the metro railway administration thinks proper;
(e) alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them, and substitute others in their stead;
(f) draw, make or conduct such maps, plans, surveys or tests, as the metro railway administration thinks proper;
(g) do all other acts necessary for making, maintaining, altering or repairing and using the metro railway.
(a) make or construct in, upon, across, under or over any lands, buildings, streets, roads, railways or tramways or any rivers, canals, brooks, streams or other waters or any drains, water-pipes, gas-pipes, electric lines or telegraph lines, such temporary or permanent inclined planes, arches, tunnels, culverts, embankments, aqueducts, bridges, ways or passages, as the metro railway administration thinks proper;
(b) alter the course of any rivers, canals, brooks, streams or water-courses for the purpose of constructing tunnels, passages or other works over or under them and divert or alter as well temporarily as permanently, the course of any rivers, canals, brooks, streams or water-courses or any drains, water-pipes, gas-pipes, electric lines or telegraph lines or raise or sink the level thereof in order the more conveniently to carry them over or under, as the metro railway administration thinks proper;
(c) make drains or conduits into, through or under, any lands adjoining the metro railway for the purpose of conveying water from or to the metro railway;
(d) erect or construct search houses, warehouses, offices and other buildings and such yards, stations, engines, machinery, apparatus and other works and conveniences, as the metro railway administration thinks proper;
(e) alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them, and substitute others in their stead;
(f) draw, make or conduct such maps, plans, surveys or tests, as the metro railway administration thinks proper;
(g) do all other acts necessary for making, maintaining, altering or repairing and using the metro railway.
Section 19 Powers of metro railway administration.
(1) The metro railway administration shall, for the purpose of 1[performing its functions under section 18] have power--
(a) to enter into contracts and leases and to execute all instruments necessary therefor;
(b) to make such number of rail tracks as the Central Government may think necessary upon, under, along or across any land, canal, river, street or road on or in the metro alignment and all other works and conveniences in connection therewith;
(c) 2[to open, divert or temporarily close], as the case may be, any street, road, cable, trench, drain (including a sewer), channel, ditch, culvert or any other device (whether for carrying of sullage, sewage, offensive matter, polluted water, trade effluent, rain water, sub-soil water or any other object), electric or gas supply line or tele-communication line, or telegraph installation, over, across or under any land, building, street, road, railway or tramway;
(d) to burrow tunnels;
(e) to lay down signalling and other communication facilities, electric sub-stations, supply lines and other works;
(f) to regulate drilling of tubewells or sinking of wells, public or private, in the proximate vicinity of the metro alignment;
(g) to do all other things necessary or expedient for the exercise of any of the aforesaid powers.
(2) While exercising any powers under sub-section (1), the metro railway administration shall take such precautionary measures as are necessary, shall do as little damage as possible and shall be liable only for the damage or cost actually suffered or incurred by any person as a result of the exercise of such powers.
(a) to enter into contracts and leases and to execute all instruments necessary therefor;
(b) to make such number of rail tracks as the Central Government may think necessary upon, under, along or across any land, canal, river, street or road on or in the metro alignment and all other works and conveniences in connection therewith;
(c) 2[to open, divert or temporarily close], as the case may be, any street, road, cable, trench, drain (including a sewer), channel, ditch, culvert or any other device (whether for carrying of sullage, sewage, offensive matter, polluted water, trade effluent, rain water, sub-soil water or any other object), electric or gas supply line or tele-communication line, or telegraph installation, over, across or under any land, building, street, road, railway or tramway;
(d) to burrow tunnels;
(e) to lay down signalling and other communication facilities, electric sub-stations, supply lines and other works;
(f) to regulate drilling of tubewells or sinking of wells, public or private, in the proximate vicinity of the metro alignment;
(g) to do all other things necessary or expedient for the exercise of any of the aforesaid powers.
(2) While exercising any powers under sub-section (1), the metro railway administration shall take such precautionary measures as are necessary, shall do as little damage as possible and shall be liable only for the damage or cost actually suffered or incurred by any person as a result of the exercise of such powers.
1. Subs. by Act 41 of 1982, s. 11, for certain words (w.e.f. 15-5-1983).
2. Subs. by s. 11, ibid., for "to open or divert" (w.e.f. 15-5-1983).
2. Subs. by s. 11, ibid., for "to open or divert" (w.e.f. 15-5-1983).
Section 20 Development over metro alignment.
(1) Any person who proposes to develop any land or building along or on the metro alignment shall, before commencing such development and without in any way limiting his obligation under any other Act to obtain any approval or consent, submit to the metro railway administration details of the proposed development and shall comply with any conditions imposed by the metro railway administration in respect thereof.
(2) The metro railway administration shall, while imposing any condition under sub-section (1), have regard to--
(a) the safety of the metro railway;
(b) such other matters as may be prescribed.
(2) The metro railway administration shall, while imposing any condition under sub-section (1), have regard to--
(a) the safety of the metro railway;
(b) such other matters as may be prescribed.
Section 21 Power to prohibit or regulate construction of buildings and excavation.
(1) If the Central Government is of opinion that it is necessary or expedient so to do for facilitating the construction of any metro railway or for ensuring the safety of any metro railway, it may, by notification in the Official Gazette,--
(a) direct that no building or any such development as may be specified in the notification shall be constructed or made above the metro alignment or on any land within such distance, not exceeding 1[twenty metres] on either side of the metro alignment, as may be specified in the notification and where there is any building on such land also direct the owner of, or the person having control over, such building to demolish such building or to make such additions or alterations to such building as may be specified in the notification or to desist from making any such development and within such period as may be specified in the notification;
(b) direct temporary evacuation of all persons together with any movable property or animal that may be in the custody, control or possession of such persons from any building situated above the metro alignment or in any area within a distance not exceeding twenty metres on either side of such alignment and within such period as may be specified in the notification:
Provided that before issuing any notification under this clause, the Central Government shall provide every such person temporarily with alternative accommodation, which in its opinion is suitable, free of cost, or an amount, which in its opinion is sufficient, to procure a temporary alternative accommodation.
(2) Where any property is needed or likely to be needed for providing any alternative accommodation under the proviso to clause (b) of sub-section (1), such property shall be deemed to be needed for a public purpose under section 3 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952), and the competent authority under that Act shall requisition the property in accordance with the provisions of that Act and such provisions shall, in relation to such requisition, apply accordingly.
(3) In specifying the distance under clause (a) of sub-section (1), the Central Government shall have regard to--
(a) the nature and the requirement of the metro railway;
(b) the safety of the building;
(c) such other matters as may be prescribed.
(4) Where any notification has been issued under sub-section (1) directing the owner or the person having control over any building to demolish such building or to make additions or alterations to such building or to desist from making any development specified in such notification, a copy of the notification containing such direction shall be served on the owner of, or the person having control over, such building, as the case may be,--
(i) by delivering or tendering it to such owner or person; or
(ii) if it cannot be delivered or tendered, by delivering or tendering it to the agent of such owner or person or any adult male member of the family of such owner or person or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which such owner or person is known to have last resided or carried on business or personally worked for gain; or failing service by these means;
(iii) by post.
(5) Every person shall be bound to comply with any direction contained in any notification issued under sub-section (1).
(a) direct that no building or any such development as may be specified in the notification shall be constructed or made above the metro alignment or on any land within such distance, not exceeding 1[twenty metres] on either side of the metro alignment, as may be specified in the notification and where there is any building on such land also direct the owner of, or the person having control over, such building to demolish such building or to make such additions or alterations to such building as may be specified in the notification or to desist from making any such development and within such period as may be specified in the notification;
(b) direct temporary evacuation of all persons together with any movable property or animal that may be in the custody, control or possession of such persons from any building situated above the metro alignment or in any area within a distance not exceeding twenty metres on either side of such alignment and within such period as may be specified in the notification:
Provided that before issuing any notification under this clause, the Central Government shall provide every such person temporarily with alternative accommodation, which in its opinion is suitable, free of cost, or an amount, which in its opinion is sufficient, to procure a temporary alternative accommodation.
(2) Where any property is needed or likely to be needed for providing any alternative accommodation under the proviso to clause (b) of sub-section (1), such property shall be deemed to be needed for a public purpose under section 3 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952), and the competent authority under that Act shall requisition the property in accordance with the provisions of that Act and such provisions shall, in relation to such requisition, apply accordingly.
(3) In specifying the distance under clause (a) of sub-section (1), the Central Government shall have regard to--
(a) the nature and the requirement of the metro railway;
(b) the safety of the building;
(c) such other matters as may be prescribed.
(4) Where any notification has been issued under sub-section (1) directing the owner or the person having control over any building to demolish such building or to make additions or alterations to such building or to desist from making any development specified in such notification, a copy of the notification containing such direction shall be served on the owner of, or the person having control over, such building, as the case may be,--
(i) by delivering or tendering it to such owner or person; or
(ii) if it cannot be delivered or tendered, by delivering or tendering it to the agent of such owner or person or any adult male member of the family of such owner or person or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which such owner or person is known to have last resided or carried on business or personally worked for gain; or failing service by these means;
(iii) by post.
(5) Every person shall be bound to comply with any direction contained in any notification issued under sub-section (1).
1. Subs. by Act 41 of 1982, s. 12, for "ten metres" (w.e.f. 15-5-1983).
Section 22 Payment of amount for prohibition of construction, etc.
(1) If in consequence of any direction contained in any notification issued under sub-section (1) of section 21 any person sustains any loss or damage, such person shall be paid an amount which shall be determined 1[by an order of the competent authority] in the first instance.
(2) If the amount determined by the competent authority is not acceptable to either of the parties, the amount shall, 2[on an appeal preferred by either of the parties, within sixty days from the date of the order of the competent authority, to the appellate authority, be determined by an order of the appellate authority].
(3) The competent authority or the 3[appellate authority], while determining the amount under sub-section (1) or sub-section (2), as the case may be, shall take into consideration--
(i) the loss or damage sustained by such person in his earnings;
(ii) the diminution, if any, of the market value of the land or building immediately after the date of publication of such notification;
(iii) where in pursuance of any direction any building has been demolished or any additions or alterations to such building have been made or any development has been desisted by such person, the damage sustained by him in consequence of such demolition or the making of such additions or alterations or the desisting from making such development and the expenses incurred by such person for such demolition or additions or alterations:
Provided that the expenses incurred for such demolition or additions or alterations shall not be taken into consideration if such demolition or additions or alterations has or have been done by the metro railway administration under sub-section (2) of section 36;
(iv) if any such person is compelled to change his residence or place of business the reasonable expenses, if any, that may have to be incurred by him incidental to such change.
(2) If the amount determined by the competent authority is not acceptable to either of the parties, the amount shall, 2[on an appeal preferred by either of the parties, within sixty days from the date of the order of the competent authority, to the appellate authority, be determined by an order of the appellate authority].
(3) The competent authority or the 3[appellate authority], while determining the amount under sub-section (1) or sub-section (2), as the case may be, shall take into consideration--
(i) the loss or damage sustained by such person in his earnings;
(ii) the diminution, if any, of the market value of the land or building immediately after the date of publication of such notification;
(iii) where in pursuance of any direction any building has been demolished or any additions or alterations to such building have been made or any development has been desisted by such person, the damage sustained by him in consequence of such demolition or the making of such additions or alterations or the desisting from making such development and the expenses incurred by such person for such demolition or additions or alterations:
Provided that the expenses incurred for such demolition or additions or alterations shall not be taken into consideration if such demolition or additions or alterations has or have been done by the metro railway administration under sub-section (2) of section 36;
(iv) if any such person is compelled to change his residence or place of business the reasonable expenses, if any, that may have to be incurred by him incidental to such change.
1. Subs. by Act 41 of 1982, s. 13, for "by the competent authority" (w.e.f. 15-5-1983).
2. Subs by s. 13, ibid., for certain words (w.e.f. 15-5-1983).
3. Subs. by Act 41 of 1982, s. 2, for "arbitrator" (w.e.f. 15-5-1983).
2. Subs by s. 13, ibid., for certain words (w.e.f. 15-5-1983).
3. Subs. by Act 41 of 1982, s. 2, for "arbitrator" (w.e.f. 15-5-1983).
Section 23 Power to underpin building or otherwise strengthen it.
(1) If the metro railway administration is of opinion that it is necessary or expedient so to do for facilitating the construction of any metro railway or for ensuring the safety of any metro railway, it may, underpin or otherwise strengthen any building within such radius not exceeding fifty metres from the metro alignment.
(2) The metro railway administration shall give to the owner or occupier of such building at least ten days notice in writing before undertaking the work of underpinning or otherwise strengthening the building:
Provided that where the metro railway administration is satisfied that an emergency exists, no such notice shall be necessary.
(3) Where the underpinning or strengthening was executed in connection with--
(a) the carrying out of the works upon the land where any building is situated, or
(b) the construction or operation of any metro railway,
the metro railway administration may, at any time after the underpinning or strengthening of such building is completed and before the expiration of a period of twelve months,--
(i) in a case referred to in clause (a), from the completion of such works; and
(ii) in a case referred to in clause (b), from the date on which traffic was opened in the metro railway,
enter upon and survey such building and do such further underpinning or strengthening thereon as it may deem necessary.
(2) The metro railway administration shall give to the owner or occupier of such building at least ten days notice in writing before undertaking the work of underpinning or otherwise strengthening the building:
Provided that where the metro railway administration is satisfied that an emergency exists, no such notice shall be necessary.
(3) Where the underpinning or strengthening was executed in connection with--
(a) the carrying out of the works upon the land where any building is situated, or
(b) the construction or operation of any metro railway,
the metro railway administration may, at any time after the underpinning or strengthening of such building is completed and before the expiration of a period of twelve months,--
(i) in a case referred to in clause (a), from the completion of such works; and
(ii) in a case referred to in clause (b), from the date on which traffic was opened in the metro railway,
enter upon and survey such building and do such further underpinning or strengthening thereon as it may deem necessary.
Section 24 Power to enter, etc.
(1) With a view to making survey, or to ascertaining the nature or condition, of any land or building for the purpose of construction of any metro railway or any other work connected therewith, the metro railway administration or any person authorised by that administration may, at any reasonable hour in the day time and after giving reasonable notice to the owner or occupier of such land or building, enter upon or into such land or building in, along, over or near the metro alignment to--
(a) inspect the same;
(b) make measurements and drawings and take photographs thereof and such other suitable measures as may be necessary to explore and check up, by digging trial pits or otherwise, the foundation of any building in the vicinity of the metro alignment;
(c) take such other measures as the said administration deems necessary and proper.
(2) Without prejudice to the powers conferred on it under section 19, the metro railway administration may, by writing, request any person or body of persons controlling any sewer, storm water drain, pipe, wire or cable to carry out at the expense of the metro railway administration any alterations thereto which that administration is authorised or may be required to carry out to meet any particular situation for carrying out the purposes of this Act.
(3) If any difference or dispute arises between the metro railway administration and the person or body of persons referred to in sub-section (2) in relation to any such alterations or the cost thereof, such difference or dispute shall be determined by the Central Government in consultation (wherever necessary) with the State Government and the decision of the Central Government in this regard shall not be called in question in any court.
(a) inspect the same;
(b) make measurements and drawings and take photographs thereof and such other suitable measures as may be necessary to explore and check up, by digging trial pits or otherwise, the foundation of any building in the vicinity of the metro alignment;
(c) take such other measures as the said administration deems necessary and proper.
(2) Without prejudice to the powers conferred on it under section 19, the metro railway administration may, by writing, request any person or body of persons controlling any sewer, storm water drain, pipe, wire or cable to carry out at the expense of the metro railway administration any alterations thereto which that administration is authorised or may be required to carry out to meet any particular situation for carrying out the purposes of this Act.
(3) If any difference or dispute arises between the metro railway administration and the person or body of persons referred to in sub-section (2) in relation to any such alterations or the cost thereof, such difference or dispute shall be determined by the Central Government in consultation (wherever necessary) with the State Government and the decision of the Central Government in this regard shall not be called in question in any court.
Section 25 Amount payable for damage, loss or injury.
(1) Where the metro railway administration exercises any power conferred on it by or under this Act and in consequence thereof any damage, loss or injury is sustained by any person interested in any land, building, street, road or passage, the metro railway administration shall be liable to pay to such person for such damage, loss or injury such amount as may be determined by the competent authority.
(2) If the amount determined by the competent authority under sub-section (1) is not acceptable to either of the parties, the amount payable shall, 1[on an appeal preferred by either of the parties, within sixty days from the date of the order of the competent authority, to the appellate authority, be determined by an order of the appellate authority].
(3) The competent authority or the 2[appellate authority] while determining the amount under sub-section (1) or sub-section (2), as the case may be, shall have due regard to the damage, loss or injury sustained by any person interested in the land, building, street, road or passage by reason of--
(i) the removal of trees or standing crops, if any;
(ii) the temporary severance of the land, building, street, road or passage;
(iii) any injury to any other property whether movable or immovable.
3[(4) The procedure and the manner of deposit and payment of the amount payable for acquiring any land, building, street, road or passage or any right of user in or any right in the nature of easement on any land, building, street, road or passage shall be followed in the case of the procedure and the manner of deposit and payment of the amount determined by the competent authority or the appellate authority under this section.]
(2) If the amount determined by the competent authority under sub-section (1) is not acceptable to either of the parties, the amount payable shall, 1[on an appeal preferred by either of the parties, within sixty days from the date of the order of the competent authority, to the appellate authority, be determined by an order of the appellate authority].
(3) The competent authority or the 2[appellate authority] while determining the amount under sub-section (1) or sub-section (2), as the case may be, shall have due regard to the damage, loss or injury sustained by any person interested in the land, building, street, road or passage by reason of--
(i) the removal of trees or standing crops, if any;
(ii) the temporary severance of the land, building, street, road or passage;
(iii) any injury to any other property whether movable or immovable.
3[(4) The procedure and the manner of deposit and payment of the amount payable for acquiring any land, building, street, road or passage or any right of user in or any right in the nature of easement on any land, building, street, road or passage shall be followed in the case of the procedure and the manner of deposit and payment of the amount determined by the competent authority or the appellate authority under this section.]
1. Subs. by Act 41 of 1982, s. 14, for certain words (w.e.f. 15-5-1983).
2. Subs. by s. 2, ibid., for "arbitrator" (w.e.f. 15-5-1983).
3. Ins. by Act 41 of 1982, s. 14 (w.e.f. 15-5-1983).
2. Subs. by s. 2, ibid., for "arbitrator" (w.e.f. 15-5-1983).
3. Ins. by Act 41 of 1982, s. 14 (w.e.f. 15-5-1983).
Section 26 Right to claim for damages.
No claim in respect of any damage, loss or injury alleged to have been caused as a consequence of construction of any metro railway or any other work connected therewith under this Act shall lie against the metro railway administration unless such claim is made within a period of twelve months from the date of completion of the construction of such metro railway or other work in the area in which such damage, loss or injury is caused.
Section 27 Appointment and duties of commissioner.
(1) The Central Government may appoint as many persons as it thinks fit by name or by virtue of their office to be commissioners of metro railway.
(2) Every commissioner shall--
(a) inspect the metro railway with a view to determining whether it is fit to be opened for public carriage of passengers and report thereon to the Central Government;
(b) make such periodical or other inspections of any metro railway or of any rolling stock used thereon as the Central Government may direct;
(c) perform such other duties as may be imposed on him by or under this Act or any other enactment for the time being in force relating to railways or required by the Central Government.
(2) Every commissioner shall--
(a) inspect the metro railway with a view to determining whether it is fit to be opened for public carriage of passengers and report thereon to the Central Government;
(b) make such periodical or other inspections of any metro railway or of any rolling stock used thereon as the Central Government may direct;
(c) perform such other duties as may be imposed on him by or under this Act or any other enactment for the time being in force relating to railways or required by the Central Government.
Section 28 Powers of commissioners.
Subject to the control of the Central Government every commissioner shall have the power--
(a) to enter upon and inspect any metro railway or any rolling stock used thereon;
(b) to make any enquiry or to take any measurement as he thinks fit for the performance of his duties under this Act;
(c) by an order in writing under his hand and official seal addressed to any metro railway administration, to require the attendance before him of any officer or other employee of the metro railway and to require answers or returns, to such enquiries as he thinks fit to make, from such officer or other employee or from the said administration;
(d) to require the production of any book or other documents belonging to, or in the possession or control of, any metro railway administration which it appears to him to be necessary to inspect for the performance of his duties by or under this Act.
(a) to enter upon and inspect any metro railway or any rolling stock used thereon;
(b) to make any enquiry or to take any measurement as he thinks fit for the performance of his duties under this Act;
(c) by an order in writing under his hand and official seal addressed to any metro railway administration, to require the attendance before him of any officer or other employee of the metro railway and to require answers or returns, to such enquiries as he thinks fit to make, from such officer or other employee or from the said administration;
(d) to require the production of any book or other documents belonging to, or in the possession or control of, any metro railway administration which it appears to him to be necessary to inspect for the performance of his duties by or under this Act.
Section 29 Facilities to be afforded to commissioner.
Every metro railway administration shall afford to every commissioner all reasonable facilities for performing the duties or exercising the powers imposed or conferred upon him by or under this Act.
Section 30 Surplus land to be sold or otherwise disposed of.
Every metro railway administration may, with the previous approval of the Central Government, sell or otherwise dispose of any land vested in the Central Government under the provisions of this Act when such land is no longer required for the purposes of the metro railway.
Section 31 Notice of accidents and enquiries.
(1) If any accident occurs during the construction of any metro railway or at any stage subsequent thereto as a consequence of such construction and the accident results in, or is likely to have resulted in, loss of human being or animal or damage to any property, it shall be the duty of the metro railway administration to give notice to the Central Government of the occurrence of any such loss or damage in such form and within such time as may be prescribed.
(2) On receipt of a notice under sub-section (1), the Central Government may, if it thinks fit, appoint a commission to enquire into the accident and report as to--
(a) the cause of such accident;
(b) the manner in which and the extent to which the provisions of this Act or any other Act for the time being in force in so far as those provisions regulate and govern the safety of any person, animal or property, have been complied with.
(3) The commission appointed under sub-section (2), while holding an enquiry, shall have 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 or 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.
(2) On receipt of a notice under sub-section (1), the Central Government may, if it thinks fit, appoint a commission to enquire into the accident and report as to--
(a) the cause of such accident;
(b) the manner in which and the extent to which the provisions of this Act or any other Act for the time being in force in so far as those provisions regulate and govern the safety of any person, animal or property, have been complied with.
(3) The commission appointed under sub-section (2), while holding an enquiry, shall have 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 or 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 32 Power to alter the entries in the Schedule. 15 docs
(1) The Central Government may, by notification in the Official Gazette,--
(a) add to the Schedule the metro alignment in respect of a 1 [metropolitan city, metropolitan area and the National Capital Region] to which this Act is made applicable under sub-section (3) of section 1;
(b) alter any metro alignment specified in the Schedule if it is of opinion that such alteration is necessary for the construction and maintenance of the metro railway to which such alignment relates.
(2) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before each House of Parliament.
(a) add to the Schedule the metro alignment in respect of a 1 [metropolitan city, metropolitan area and the National Capital Region] to which this Act is made applicable under sub-section (3) of section 1;
(b) alter any metro alignment specified in the Schedule if it is of opinion that such alteration is necessary for the construction and maintenance of the metro railway to which such alignment relates.
(2) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before each House of Parliament.
1 Subs. by Act 34 of 2009, s. 3, for "metropolitan city" (w.e.f. 7-9-2009).
Section 33 Prohibition of obstruction.
No person shall, without any reasonable cause or excuse, obstruct any person with whom the metro railway administration has entered into a contract, in the performance or execution by such person of such contract.
Section 34 Local authorities to assist.
Every local authority shall render such help and assistance and furnish such information to the metro railway administration as that administration may require for discharging its functions and shall make available to the said administration for inspection and examination such records, maps, plans and other documents as may be necessary for the discharge of such functions.
Section 35 Prohibition of removal of marks.
No person shall remove any marks placed or fill up any trench cut for the purpose of marking levels, boundaries or lines by the metro railway administration.
Section 36 Penalty for failure to comply with directions issued under section 21.
(1) If any person wilfully fails to comply with any direction contained in any notification issued under section 21, he shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(2) Without prejudice to the provisions of sub-section (1), if any person fails to demolish any building or make additions or alterations thereto in pursuance of any direction contained in any notification issued under section 21 within the period specified in the notification, then, subject to such rules as the Central Government may make in this behalf, it shall be competent for any officer authorised by the metro railway administration in this behalf to demolish such building or make necessary additions or alterations thereto.
1 [(2A) Without prejudice to the provisions of sub-section (1), if any person fails to vacate temporarily any building together with any movable property or animal that may be in his custody, control or possession in pursuance of any direction contained in any notification issued under section 21 within the period specified in the notification, the competent authority may enforce the direction of temporary evacuation physically by taking such police help, as may be considered by him necessary, and for this purpose the provisions of sub-section (2) of section 11 shall, as far as may be, apply.]
(2) Without prejudice to the provisions of sub-section (1), if any person fails to demolish any building or make additions or alterations thereto in pursuance of any direction contained in any notification issued under section 21 within the period specified in the notification, then, subject to such rules as the Central Government may make in this behalf, it shall be competent for any officer authorised by the metro railway administration in this behalf to demolish such building or make necessary additions or alterations thereto.
1 [(2A) Without prejudice to the provisions of sub-section (1), if any person fails to vacate temporarily any building together with any movable property or animal that may be in his custody, control or possession in pursuance of any direction contained in any notification issued under section 21 within the period specified in the notification, the competent authority may enforce the direction of temporary evacuation physically by taking such police help, as may be considered by him necessary, and for this purpose the provisions of sub-section (2) of section 11 shall, as far as may be, apply.]
1 Ins. by Act 41 of 1982, s. 15 (w.e.f. 15-5-1983).