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.
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.
1. Subs. by Act 34 of 2009, s. 3, for “metropolitan city” (w.e.f. 7-9-2009).
6
(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.
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.
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.
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.
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).
7
(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.
11. Power to take possession of acquired land, etc.—(1)
2
[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.
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.
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 3
[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.
4
[(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.
1. Proviso added by Act 42 of 1987, s. 2 (w.e.f. 9-12-1987).
2. Subs. by Act 41 of 1982, s. 5, for certain words, brackets and figures (w.e.f. 15-5-1983).
3. Subs. by s. 6, ibid., for “by the competent authority” (w.e.f. 15-5-1983).
4. Ins. by s. 6, ibid. (w.e.f. 15-5-1983).
8
(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, 1
[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 2
[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.
14. Deposit and payment of amount.—(1) The amount determined 3
*** under section 13 shall be
deposited by the Central Government in such manner as may be prescribed with the competent authority
4
[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:
5
[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.
1. 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).
2. Subs. by s. 2, ibid., for “arbitrator” (w.e.f. 15-5-1983).
3. The words “by the competent authority” omitted by s. 7, ibid, (w.e.f. 15-5-1983).
4. Subs. by s. 7, ibid., for “before taking possession of the land, building, street, road or passage” (w.e.f. 15-5-1983).
5. Proviso added by s. 7, ibid. (w.e.f. 15-5-1983).
9
(5) Where the amount determined under section 13 by the 1
[appellate authority] is in excess
of the amount determined by the competent authority, the 1
[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 1
[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.
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.
2
[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.]
3
[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.
1. Subs. by Act 41 of 1982, s. 2, for “arbitrator” (w.e.f. 15-5-1983).
2. Ins. by s. 8, ibid. (w.e.f. 15-5-1983).
3. Subs. by s. 9, ibid., for section 16 (w.e.f. 15-5-1983).
10
(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
[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.
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.
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.]
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.