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.
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.
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).
12
(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.
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.
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
1. Subs. by Act 41 of 1982, s. 12, for “ten metres” (w.e.f. 15-5-1983).
13
(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).
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.
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,
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).
14
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.
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.
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.
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).
15
1
[(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.]
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.