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THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978

Title : THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978

Year : 1978



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 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. 



(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 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.



On the issue of a notification under sub-section (I) 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, Wilding, 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 case 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, buildings, street, road or passage, as the case may be.



(1) Any person interested in the land, building, street, road or passage may, within twenty-one days from the1*[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 date 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 or3[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.

(3) Any order made by the competent authority under sub-section (2) shall be final

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1 . Substituted for the words, brackets and figures "date of publication of the notification under sub-section (1)of section 7" by the Metro Railways (Construction of Works) Amendment Act, 1982(41 of 1932), Section4(a)(i) w.e.f. 15-5-1983.

2. Inserted by the Metro Railways (Construction of Works) Amendment Act, 1982(41 of 1932), Section 4(a)(i) w.e.f. 15-5-1983, Section 4(a)(ii) w.e.f.15-5-1983.

3. Inserted by the Metro Railways (Construction of Works) Amendment Act, 1982(41 of 1932), Section 4(a)(i) w.e.f. 15-5-1983, Section 4(b) w.e.f.15-5-1983.

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(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 with in 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] 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.

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1. Added by Metro Railways (Construction of Works) Amendment Act (42 of 1987). Section 2 w.e.f. 9-12-87.

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(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 use 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 case 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.

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1. Substituted for the words, brackets and figures "Subject to the provisions of Section 14, where any land, building, street, road or passage has vested under sub-section (2) of section 10" by the Metro Railways(Construction of Works) Amendment Act, 1982(41 of 1982), Section 5 w.e.f. 15-5-1983.

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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 und 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.



(1) Where any land, building, street, road or passage is acquired under this Act, there shall be paid an amount which shall be determined1*[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 Ad, 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 ail 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 the4*[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 and, 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.

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1. Substituted for the words "by the Competent Authority", by the Metro Railways (Construction of Works)Amendment Act, 1982 (41 of 1982), Section 6(a) w.e.f. 15-5-1983.

2. Inserted by the Metro Railways (Construction of Works) Amendment Act, 1982 (41 of 1982), Section6 (b) w.e.f. 15-5-1983.

3. Substituted for the words "on an application by either of the parties, to the arbitrator, be determined by the arbitrator" by the Metro Railways (Construction of Works) Amendment Act, 1982 (41 of 1982), Section 6(c) w.e.f.15-5-1983.

4. Substituted for the word 'arbitrator', by the Metro Railways (Construction of Works) Amendment Act, 1982 (41 of 1982), Section2 w.e.f.15-5-1983.

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(1) The amount determined1[* * *] under section 13 shall be deposited by the Central Government in such manner as may be prescribed with the competent authority2*[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 the4[appellate authority] is in excess of the amount determined by the competent authority, the4*[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 the4[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 (3) 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.

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1. Words "by the competent authority" omitted by the Metro Railways (Construction of Works) Amendment Act, 1982 (41 of 1982), Section 7(a) (1) w.e.f.15-5-1983.

2.  Substituted for the words "before taking possession of the land, building, street, road or passage" by the Metro Railways (Construction of Works) Amendment Act, 1982 (41 of 1982),, Section 7(a)(ii) w.e.f.15-5-1983.

3. Added ibid, Section 7(b) w.e.f.15-5-1983.

4. Substituted for the word "arbitrator" by the Metro Railways (Construction of Works) Amendment Act, 1982 (41 of 1982),  Section 2 w.e.f. 15-5-1983.

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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, 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) Reguisitioning any public record from any court or office;

(e) Issuing commission for examination of witnesses.

15A - 1* 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.]

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1. Inserted by Metro Railways (Construction of Works) Amendment Act, 1982(41 of 1982), Section 8  w.e.f. 15-5-1983,

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(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.]

16A -2* 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 of 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 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 lake the requisite steps for enforcing the order, in the same manner as if it had been a decree made by itself.)

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1. Substituted for Original Section 16 by Metro Railways (Construction of Works) Amendment Act, 1982 (41 of 1982), Section9 w.e.f.15-5-1983.

2. Inserted by the Metro Railways (Construction of Works) Amendment Act, 1982 (41 of 1982), Section 10 1w.e.f.15-5-1983.

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Nothing in the Land Acquisition Act, 1894, shall apply to an acquisition under this Act.

Last updated on July, 2016

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