The metro railways (construction of works) act, 1978

THE METRO RAILWAYS (CONSTRUCTION OFWORKS) ACT, 1978
(33 of 1978)
[21stAugust, 1978 |An Act toprovidefor theconstructionofworks relatingtometro railwaysin themetropolitancitiesand for mattersconnectedtherewith.
BE itenacted by Parliament in the Twenty-ninth Year of the Republic ofIndiaas follows:—
CHAPTER I
PRELIMINARY
1. Short title,commencement and application—(1) This Act may becalled the Metro Railways (Construction of Works) Act, 1978.(2)Itshallcome intoforceon such date! as the Central Government may,by notificationin the OfficialGazette,appoint.
(3)Itappliesin the firstinstanceto themetropolitancityof Calcutta;andthe CentralGovernment may, bynotificationinthe OfficialGazette,declare|thatthisAct shallalsoapply tojsuchothermetropolitancity;andwith éffectfrom such dateas may be specifiedin thatnotificationand.thereuponthe.ret byeprovisions of thisAct shallapply tothat.cityaccordingly.
2. Definitions.—(1)In thisAct, unless the contextotherwise requires,—(a) “Advisory Board” means the Advisory Board constitutedundersection4;
(b) *[“appellate authority”] means the [appellate authority”]appointed under section16;
(c) “building” means a house, outhouse, stable,latrine,urinal,shed,hut orwallor any otherstructureor erection,whether ofmasonrybricks,wood, mud, metal or any other materialor any part of abuilding,but does not includea plantor machinery installedin abuildingor any part thereofor any portableshelter;(d) “commissioner” means a commissioner of metro railwayappointed under section27:
*[(e) “competent authority”means the competent authorityappointedunder section 16;]
(f) “development” with its grammatical variations means thecarryingout of building,engineering,mining or other operationsin,on, Over or under land or the making of any material change
 
1. Came into force on 1-2-1979,vide S.O. 412, dated 20th January, 1979.2. Subs. by Act 41 of 1982, sec. 2, for “arbitrator” (w.e.f. 15-5-1983),3. Subs. by Act 41 of 1982, sec.3 for clause (e)(w.e.f.15-5-1983).
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The Metro Railways (Constructionof Works) Act, 1978 125
in any building or land or planting of any tree on land and
includes redevelopment;
 
(g) “land” includes any right or interestin land;
a» (h) “metro alignment”,in relationto any metropolitan city,means
oe such alignment of the metro railwayas isspecifiedin the Schedule
under that cityand includesthe metro railway;:
(i) “metro railway” means a metro railway or any portion thereoffor
ae the public carriage of passengers, animals or goods and
ee includes,—
ee (a) allland within theboundary marks indicatingthe limitsof the
land appurtenant to a metro railway,
(b) all lines of rails,sidings, yards or branches worked over for
the purposes of, or in connection with, a metro railway,
(c) allstations,offices,ventilationshaftsand ducts, ware-houses,
workshops, manufactories,fixed plants and machineries,
sheds, depots and otherworks constructedforthe purpose of,
or in connection with, a metro railway;
(j) “metro railwayadministration”,in relationto any metro railway,
means the General Manager of thatmetro railway;
(k) “metropolitan city” means the metropolitan city of Bombay,
Calcutta,Delhi or Madras;
(1) “metropolitancityof Bombay” means the area covered by Greater
Bombay as defined in the Bombay Municipal Corporation Act,
1888 (Bombay Act III of 1888);
(m) “metropolitancityof Calcutta”means the area describedunder
the heading “1.CalcuttaMetropolitanDistrict”in the Schedule to
the CalcuttaMetropolitanPlanningArea (Use and Development
of Land) Control Act, 1965 (West Bengal Act XIV of 1965);
(n) “metropolitan city of Delhi” means the entire area of the Union
territory of Delhi*;
(0) “metropolitan cityof Madras” means the area covered by the City
of Madras as defined in the Madras City Municipal Act, 1919
(Madras Act IV of 1919);
(p) “prescribed”means prescribedby rulesmade under thisAct;
(q) “rollingstock” includeslocomotives,engines,carriages(whether
powered or not),wagons, trolliesand vehiclesof allkinds moving
or intended to move on rails;
(r) “to erect”,in relationto any building,includes—
(i) any material alterationor enlargement of such building,
(ii) conversion, by structural alteration,into a place for human
habitation of such building not originally constructed for
human habitation,
*, Now National Capital Territoryof Delhi.
126 The Metro Railways (Constructionof Works) Act, 1978
(iii)conversion intomore than one place forhuman habitationof
such building originallyconstructedas one such place,
(iv) conversion of two or more places of human habitationin such
buildingintoa greaternumber of such places,
(v) such alterationof such building as would alterthe drainage or
sanitary arrangements therein or would materially affectits
security, and
(vi) the addition of any rooms in such building.
(2)All other words and expressionsused herein and not defined but
definedin the*IndianRailways Act,1890 (9of 1890),shallhave themeanings,
respectively,assigned to them in thatAct.
CHAPTER II
METRO RAILWAY ADMINISTRATION
3.General Manager.—The CentralGovernment may, forthe purposes of
thisAct, appoint a General Manager for every metro railway.
4. Constitution of Advisory Board.—(1) The Central Government may
constitutean Advisory Board for every metro railway for the purpose of
assistingor advising thatGovernment on—
(a) theformulationand co-ordinationofplansforthedevelopment of
metro railway and itsexpansion;
(b) the financingand executionof any projectfor the constructionof
the metro railway;
(c) such othermattersas may be referredto itforcarryingout the
purposes of thisAct and in particularforthepurpose of ensuring
that the functionsof the metro railway administrationare
exercised with due. regard to the circumstances or conditions
prevailing in,and requirements of,the metropolitan city.
(2)The Advisory Board shallconsistof such number of members (being
officersof the Government) not exceeding nine as may be appointed to itby
the Central Government.
(3) The Central Government shall appoint one of the members of the
Advisory Board as itsChairman.
(4)The Central Government shallpublish in the OfficialGazette the names
of allthe members of the Advisory Board and the Chairman thereof.
(5) The Advisory Board shall meet at such times and places and shall
observe such procedure in regard to the transactionof itsbusiness as may be
prescribed.
(6)The members of the Advisory Board shallhold officefor such term as
may be prescribed.
COMMENTS
The CentralGovernment has been empowered to constitutean Advisory Board
for every metro railway. The Advisory Board shall consist of such numbers ‘of
* SeeRailways Act,1989 (24 of 1989).
The Metro Railways (Constructionof Works) Act, 1978 127
members (being officersof the Government) not exceeding nine. One of the members
of the Advisory Board shallbe appointed as Chairman of the Board.
5. Committees.—(1) The Advisory Board may constitute as many
committees as itdeems necessary consistingwholly of members of such Board
or wholly of other persons or partly of members of the Board and partly of
other persons for such purposes as itmay think fit.
(2) Every committee constituted under sub-section (1) shall meet at such
timesand placesand shallobservesuch procedureinregardtothetransaction
of itsbusiness as may be prescribed.
(3)There shallbe paid to the members of the committee who are not
members of theAdvisory Board,such feesand allowancesforattendanceatthe meetings of the committee and such travellingallowances as may be
prescribed.
CHAPTER III
ACQUISITION
6. Power to acquire land, etc.—Where it appears to a metro railway
administrationthatfor the constructionof any metro railway or any other
work connected therewith—
(a) any land,building,street,road or passage,or
(b) any rightof user,or any rightin 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 rightof user or easement.
7. Publication of notification for acquisition—(1) On receipt of an
applicationunder section6,theCentralGovernment, afterbeing satisfiedthat
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 rightof user, or the right in the nature
of easement, thereinreferredto in the application.
(2)Every notificationunder sub-section(1)shallgivea briefdescriptionof
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.
8. Power to enter for survey, etc.—On the issue of a notificationunder
sub-section (1) of section 7, it shall be lawful for the metro railway
administrationor any officeror other employee of the metro railway—
(a) to enter upon and survey and take level of the land, building,
street,road or passage specifiedin 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 linesby placing marks and
cutting trenches;
128
(e) to do allother acts necessary to ascertainwhethrailway can be laidupon or under the land,buildin ‘Or passage,as the case may be:Provided that while exercisingan
er the metro
9.Hearing of objection.—(1)Any person interestedin the land,builStreet,road or passage may, within twenty-one days from thepublication under sub-section (3) of sectionnotificationunder sub-section (1)of that section]object to the construction ofthe metro railway or any other work connected therewithupon or under theland, building,street,road or passage, as the case may be.*[Explanation.—Forthe Purposes of thissub-section,where the substanceof the notificationunder sub-section (1) of section 7 is published on differentdates at differentplaces,the lastof such dates shallbe deemed tobe the dateon which substanceof thenotificationhas been published.](2)Every objectionunder sub-section(authorityin writingand shallsetout thegauthorityshallgive the objectoran Opportunity of being heard, eitherinperson or *[byan agent or] bya legalpractitioner,and may, afterhearing allsuch objectionsand aftermaking such furtherenquiry,ifany,as thecompetentauthoritythinksnecessary,by order,eitherallow or disallow the objections.
“section“legalpractitioner”hassection (1) of section 2 of the
ding,
Mdate of7 of the substance of the
in the OfficialGazette,that the land, building,street,road or passage, or therightof user,or the rightin the nature of easement, thereinfor laying the
rp
1. Subs. by Act 41 of 1982,sec.4,for “date of(1) of section 7” (w.e.f. 15-5-1983).22. Ins.by Act 41 of 1982, sec.4 (w.e.f.15-5-1983),
publicationof the notificationunder sub-section
 
 
The Metro Railways (Constructionof Works) Act, 1978 129
(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
acquisitionor for the acquisitionof the rightof user,or any rightin the nature
of easement, therein,but no declarationunder thissectionhas been published
within a period of one year from the date of publicationof thatnotification,
the said notificationshallcease to have any effect:
{Provided that in computing the said period of one year, the period or
periodsduring which any actionor proceedingtobe taken in pursuance ofthe
notificationissued under sub-section (1)of section7 [including any such action
or proceeding pending immediately beforethe commencement of the Metro
Railways (Constructionof Works) Amendment Act, 1987] is stayed by an
orderofa court,whether grantedbeforeor aftersuch commencement, shallbe
excluded.]
(4)A declaration made by the Central Government under sub-section (1)
shallnot be calledin question in any court or by any other authority.
11. Power to take possession.—(1) *[Where any land, building, street,
road or passage has vested under sub-section(2)ofsection10 and theamount
determined by the competent authorityunder section13 with respectto such
land,building,street,road or passage has been deposited under sub-section
(1)of section14,with the Competent Authorityby the CentralGovernmeni],
thecompetent authoritymay by noticeinwritingdirectthe owner as wellas
any otherpersonwho may be inpossessionofsuchland,building,street,road
or passage to surrender or deliver possession thereof to the competent
authorityor any person duly authorisedby itin thisbehalfwithin sixtydays
of the serviceof the notice.
(2)Ifany person refusesor failstocomply with any directionmade under
sub-section(1),the competent authorityshallapply,—
(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.
12.Right to enter into the land where rightof user,etc.,isvested in the
Central Government.—Where the rightof user in,or any rightin the nature
of easement on, any land, building, street,road or passage has vested in the
CentralGovernment under section10,itshallbe lawfulfor the metro railway
administrationor any officeror otheremployee of the CentralGovernment to
enterand do any otheractnecessaryupon theland,building,street,road or
passage forcarryingout the constructionof the metro railway or any other
work connected therewith.
1. Ins. by Act 42 of 1987, sec. 2 (w.e.f. 9-12-1987).
2. Subs. by Act 41 of 1982, sec.5, for certainwords (w.e.f,15-5-1983).
130 The Metro Railways (Construction of Works) Act, 1978
13. Determination of amount payable for acquisition (1) Where any
land,building,street,road or passage isacquired under thisAct, thereshallbe paid an amount which shallbe determined'{[byan orderof thecompetentauthority].
(2)Where the rightof user in,or any rightin the nature of an easement
on,any land,building,street,road or passage isacquired under thisAct,there
shallbe paid an amount to the owner and any other person whose rightofenjoyment in thatland,building,street,road or passage has been affectedin
any manner whatsoever by reason ofsuch acquisitionan amount calculatedat
ten per cent.of the amount determined under sub-section(1)for thatland,
building,street,road or passage.
*[(2A) Before proceeding to determine the amount under sub-section (1)or
sub-section(2),the competent authorityshallgive a publicnoticepublishedin
theprescribedmanner invitingclaimsfrom allpersons interestedin theland,
building,street,road or passage,or the rightof user or the rightin the nature
of easement thereinto be acquired.
(2B) Such notice shall state the particulars of the land, building, street,
road or passage acquired,or the rightof user or the rightin the nature of
easement therein acquired and shallrequire allpersons interestedin such
land,building,street,road or passage or rightof user or rightin the nature of
easement therein,to appear in person, or by an agent or by a legalpractitioner
referred to in sub-section (2)of section9, before the competent authority,at a
time and placethereinmentioned (suchtimenot being earlierthan fifteendays
afterthe date of the publicationof the notice)and to statethe nature of their
respective interestsin such land, building, street,road or passage or right of
user or rightin 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,*[on an appeal preferredby eitherof the partiesto the appellate
authority,within a period of sixtydays from the date of the order appealed
against,be determined by an order of the appellateauthority].
(4) The competent authority or the “[appellate authority] while
determining the amount under sub-section (1) or sub-section (3),as the case
may be, shalltake intoconsideration—
(a) the market value of the land,building,street,road or passage on
the date of publicationof the notificationunder section7;
(b) thedamage, ifany,sustainedby theperson interestedatthetime
of takingpossessionof theland,by reason of theseveringor such
land from other land;
(c) the damage, ifany, sustainedby the person interestedat the time
of takingpossessionof the land,building,street,road or passage
1. Subs. by Act 41 of 1982, sec. 6, for “by the competent authority” (w.e.f. 15-5-1983).
2, Ins.by Act 41 of 1982, sec.6 (w.e.f.15-5-1983).
3. Subs. by Act 41 of 1982,sec.6, for “on an applicationby eitherof the parties,bedetermined by the arbitrator”(w.e.f.15-5-1983).
4. Subs. by Act 41 of 1982, sec. 2, for “arbitrator” (w.e.f.15-5-1983).
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The Metro Railways (Construction of Works) Act, 1978 131
by reason of the acquisitioninjuriouslyaffectinghis other
immovable property in any other manner, or his earnings;
(d) if,in consequence of the acquisitionof the land, building,street,
road or passage, the person interestediscompelled to change his
residence or place of business, the reasonable expenses, if any,
incidentalto such change.
14. Deposit and payment of amount.—(1j The amount determined !{***]
under section13 shallbe deposited by the Central Government in such
manner as may be prescribed with the competent authority ?[withinsuch time
as may be fixedby thatauthority].
(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 entitledthereto:
3[Provided thatwhere an appeal has been or islikelytobe preferredunder
section13 againstthe order by which such amount was determined and the
competent authorityissatisfiedforreasonstobe recordedin writingthatitis
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 receivingsuch payment, such securityas may be
specifiedin the order;or
(b) ifsuch person failstofurnishsuch security,withhold thepayment
of thewhole or any partof such amount forsuch periodas may
be specifiedin the order.]
(3)Where severalpersons claim to be interestedin the amount deposited
ander sub-section(1)thecompetent authorityshalldetermine thepersonswho
in itsopinion are entitledto receive the amount payable to each of them.
(4)Ifany dispute arisesas to the apportionment of the amount or any part
thereof or to any person to whom the same or any part thereof ispayable, the
competent authorityshallreferthe disputeto thedecisionof theprincipalcivil
court of originaljurisdictionwithin the limitsof whose jurisdictionthe land,
building,street,road or passage issituated.
(5) Where the amount determined under section 13 by the *[appellate
authority]isin excess of the amount determined by the competent authority,
the “[appellateauthority]may award interestat six per cent.per annum on
such excessamount from thedate of takingpossessionunder section11 tillthe
date of the actual deposit thereof.
(6)Where the amount determined by the “[appellateauthority]isin excess
of the amount determinedby the competentauthority,the excessamount
togetherwith interest,ifany,awarded under sub-section(5)shallbe deposited
1. The words “by the competent authority” omitted by Act 41 of 1982, sec. 7 (w.e.f.
15-5-1983).
2. Subs.by Act 41 of 1982,sec.7, for“beforetakingpossessionof the land,building,sreet,
road or passage”(w.e.f. 15-5-1983).
3. Added by Act 41 of 1982, sec. 7 (w-e.f. 15-5-1983).
4. Subs. by Act 41 of 1982,sec.2, for “arbitrator”(w.e.f.15-5-1983).
such deposit.
15. Competent authority to have certain powers of civil court.--The
1908),in respectof the followingmatters,namely:—(a) summoning and enforcing the attendance of any person andexamining him on oath;
(b) requiringthe discovery and production of any document;(c) receptionof evidence onaffidavits;
(d) requisitioningany publicrecordfrom any court or office;(e) issuing commission for examination of witnesses.115A. Power to inspect property under acquisition.—The competentauthoritymay, with or without assistantsOr workmen, enterintoOr upon anyland,building,street,road or passage,for the purpose of performing hisfunctionsunder thisAct and make such enquiry,inspection,measurement andtake such photographs and Prepare such memorandum thereofas he mayconsidernecessary:
Provided that—
(i) no such entryshallbe made exceptbetween thehours of sunriseand sunset and without givingreasonablenoticeto—(a) the owner of or the Person interestedin, the land,building,street,road or passage; or
(b) the person whose right of user in or right in the nature of
(c) the person who sustains any loss or damage to the land
or passage;
(iii)due regardshallalwaysbe had,so faras may be compatiblewiththe exigencies of the purpose for which the entry is made, to the
1. Ins.by Act 41 of 1982 sec.3 (w.e.f.15-5-1983).
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The Metro Railways (Construction of Works) Act, 1978 138
'[16.Competent authority and appellate authority.—(1) For every metrorailway, the Central Government shall,for the purposes of this Act, bynotificationin the OfficialGazette,appoint—
(i) a competent authority;and
(ii) an appellate authority,
for such area as may be specifiedin the notification.
(2) A person shallnot be qualifiedfor appointment as a competentauthorityunlesshe isholding,or has held,a judicialoffice,not lower in rankthan thatof a subordinatejudge.
(3) A person shall not be qualifiedfor appointment as an appellate
authorityunlesshe isholding,or has held,a judicialoffice,not lower in rank
than that of a subordinate judge.
Explanation.—For the purpose of thissection—
(a) “districtjudge” includes an additional districtjudge;
(b) “subordinate judge” means subordinate judge in the.judicial
service of West Bengal, and includes any judicialofficer(by
whatever name called)ofan equivalentrank in thejudicialservice
of any other State.]
*[16A. Powers of the appellate authority—(1) The appellateauthoritymay admit an appeal filedafterthe expiry of the period referredto in section13 or section22 or section25, as the case may be, ifhe issatisfiedthat therewas sufficientcause for not presentingitwithin thatperiod.
(2)For the disposal of an appeal under thisAct, the appellate authorityshall have the same powers (including the powers under sections 15 and 15A),
and shall,subjectto the provisionsof thissection,perform as nearly as maybe thesame dutiesas areconferredor imposed by thisAct on thecompetentauthority in respect of the matters under Chapter NI and Chapter IV.
(3)The appellateauthoritymay, ifhe thinksitexpedientso to do, callinhis aid one or more assessorsand hear the appeal wholly or partly with theaid of such assessors. :
(4) for the purpose of determining the amount under any appeal beforehim, the appellateauthoritymay, aftermaking such furtherenquiry or aftertaking such additionalevidence,as may be necessary,pass such order as he:thinksfit,determining theamount, by confirming,modifying or annullingtheorder appealed against.
(5)An order of the appellateauthoritydetermining the amount under thisAct shall be final.]
*[16B.Competent authority,etc.,to have certaininherentpowers.—Thecompetentauthorityand theappellateauthoritymay exercisepowers of thenature referredto in section151 of the Code of CivilProcedure, 1908 (5 of1908) to the same extent and for the same purposes as such powers areexercisable by civilcourts.]
1. Subs. by Act 41 of 1982, sec. 9, for section 16 (w.e.f.15-5-1983).
2. Ins. by Act 41 of 1982, sec. 10 (w.e.f.15-5-1983).
134 The Metro Railways (Construction of Works) Act, 1978
11146C. Enforcement of the orders of the competent authority and
appellateauthority—(1) Any order made by the competent authorityor the
appellateauthoritydeterminingany amount payable under thisAct may be
enforcedin the same manner as ifsuch order were a decreemade bya civil
court in a suitpending therein,and itshallbe lawful for such authorityto
send, in the case of his inabilityto execute, such order, to the principal civil
court of originaljurisdictionwithin the locallimitsof whose jurisdictionthe
order was made.
(2)Where any order under sub-section(1)isrequired tobe enforced by the
principalcivilcourtof originaljurisdiction,a certifiedcopy of theordershall
be produced to the proper officerof the court required to enforce the order.
(3)The production of such certifiedcopy shallbe sufficientevidence of the
order.
(4)Upon theproductionofsuch certifiedcopy,theprincipalcivilcourtof
originaljurisdictionshalltake therequisitestepsforenforcingthe order,in the
same manner as if ithad been a decree made by itself.]
17. Land Acquisition Act 1 of 1894 not to apply.—Nothing intheLand f
AcquisitionAct, 1894, shallapply to an acquisitionunder thisAct.
CHAPTER IV
CONSTRUCTION OF WORKS
48.Functions of metro railway administration.—Subjectto thecontrolof
the Central Government, the metro railway administrationshall,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 otherwaters or any drains,water-pipes,
gas-pipes,electriclinesor telegraphlines,such temporary or
permanent inclined planes, arches, tunnels,_ culverts,
embankments, aqueducts,bridges,ways or passages,as the metro
railway administrationthinksproper;
|
(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 divertor alteras well temporarily
as permanently, the course of any rivers, cannals, brooks, streams
or water-courses or any drains, water-pipes, gas-pipes, electric
linesor telegraphlinesor raiseor sink the levelthereofin order
themore convenientlytocarrythem over or under,as themetro
railway administrationthinksproper;
(c) make drains or conduits into, through or under, any lands
adjoiningthe metro railway for the purpose of conveying water
from or to the metro railway;
 
1. Ins.by Act 41 of 1982, sec.10 (w.e.f.15-5-1983).
 
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The Metro Railways (Construction of Works) Act, 1978 135
(d) erect or construct such houses, warehouses, offices and otherbuildingsand such yards,stations,engines,machinery, apparatusand other works and conveniences, as the metro railwayadministrationthinksproper;
(e) alter, repair or discontinue such buildings, works andconveniences as aforesaidor any of them, and substituteothersintheirstead;
(f) draw, make or conduct such maps, plans,surveys or tests,as themetro railway administration thinksproperty;
(g) do allother acts necessary for making, maintaining, alteringorrepairingand using the metro railway.
19. Powers of metro railway administration—(1) The metro railwayadministrationshall,for the purpose of ‘[performingitsfunctionsundersection 18],have power—
(a) to enter intocontractsand leasesand to execute allinstrimentsnecessary therefor;
(b) to make such number of railtracks as the Central Governmentmay thinknecessaryupon, under,along or acrossany land,canal,river,streetor road on or in the metro alignment and allotherworks and conveniences in connection therewith;
(c) *[toopen, divert or temporarilyclose],as the case may be,anyStreet, road, cable, trench, drain (including a sewer), channel,ditch,culvertor any otherdevice(whether forcarryingofsullage,sewage, offensivematter,pollutedwater, trade effluent,rainwater, sub-soilwater or any other object),electricor gas supplylineor tele-communicationline,or telegraphinstallation,over,across or under any land, building, street,road, railway ortramway;
(d) to burrow tunnels;
(e) to lay down signallingand other communication facilities,electricsub-stations,supply lines and other works:
(f) to regulate drilling of tubewells or sinking of wells, public orprivate,in the proximate vicinityof the metro alignment;
(g) todo allotherthingsnecessaryor expedient fortheexerciseof anyof the aforesaidpowers.
(2)While exercisingany powers under sub-section (1),the metro railwayadministrationshalltakesuch precautionarymeasuresas arenecessary,shalldo as littledamage as possibleand shallbe liableonly forthedamage or costactuallysufferedor incurredby any person asa resultof the exerciseof suchpowers.
 
1. Subs. by Act 41 of 1982, sec. 11, for “constructing any metro railway or any other workconnected therewith” (w.e.f.15-5-1983),
2. Subs. by Act 41 of 1982,sec.11, for“to Open or divert” (w.e.f,15-5-1983).
136 The Metro Railways (Constructionof Works) Act, 1978
20. Development over metro alignment.—(1) Any person who Proposestodevelop any land or buildingalong or on themetro alignmentshall,before
(2)The metro railway administrationshall,while imposing any conditionunder 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 andexcavation.—(1)IftheCentralGovernment isof opinion thatitisnecessaryorexpedientso to do forfacilitatingtheconstructionof any metro railwayor forensuring thesafetyof any metro railway,itmay, by notificationin the OfficialGazette,—
the metro alignment or on any land within such distance,notexceeding '[twenty metres] on eitherside of the metro alignment,as may be specifiedin the notificationand where there is anybuildingon such land alsodirectthe owner of,or the personhaving controlover,such buildingtodemolishsuch buildingor tomake such additionsor alterationsto such building as may bespecified in the notificationor to desistfrom making any suchdevelopment and within such period as may be specifiedin thenotification;
(b) direct temporary evacuation of all persons together with anymovable property or animal thatmay be in the custody,controlorPossession of such persons from any building situatedabove themetro alignment or in any area within a distance not exceedingtwenty metres on eitherside of such alignment and within suchperiod as may be specifiedin the notification:
Provided thatbeforeissuingany notificationunder thisclause,theCentralGovernment shall provide every such person temporarily with alternativeaccommodation, which in itsopinion is suitable,freeof cost,or an amount,which in its opinion is sufficient, to procure a temporary alternativeaccommodation.
(2)Where any propertyisneeded or likelytobe needed forprovidinganyalternativeaccommodation under the proviso to clause (b) of sub-section (1),such property shall be deemed to be needed for a public purpose undersection3 of the Requisitioningand Acquisitionof Immovable Property Act,1952 (30 of 1952), and the competent authority under that Act shall requisitionthe property in accordance with the provisions of thatAct and such provisionsshall,in relationtosuch requisition,apply accordingly.
 
1. Subs. by Act 41 of 1982, sec. 12, for “ten metres” (w.e.f.15-5-1983).
 
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The Metro Railways (Constructionof Works) Act, 1978 137
(3) In specifying the distance under clause (a) of sub-section (1), theCentral Government shallhave 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 notificationhas been issued under sub-section (1) directing
theowner or the person having controlover any buildingto demolishsuchbuildingor tomake additionsor alterationstosuch buildingor todesistfrommaking any development specifiedin such notification,a copy of thenotificationcontainingsuch directionshallbe servedon theowner of,or theperson having control over, such building, as the case may be,—
(i) by deliveringor tendering itto such owner or person; or
(ii) ifitcannot be deliveredor tendered,by deliveringor tenderingit
to the agent of such owner or person or any adult male member
of the family of such owner or person or by affixinga copythereof
on the outer door or on some conspicuous part of the premises in
which such owner or person is known to have lastresided or
carried on business or personallyworked for gain; or failing
service by these means;
(iii)by post.
(5)Every person shallbe bound to comply with any directioncontained
in any notificationissued under sub-section (1).
22. Payment of amount for prohibition of construction, etc.—(1) If inconsequence of any directioncontained in any notificationissued under sub-section(1)of section21 any person sustainsany lossor damage, such personshallbe paid an amount which shallbe determined [by an order of thecompetent authority] in the firstinstance.
(2)If the amount determined by the competent authority is not acceptable
toeitheroftheparties,theamount shall,*[onan appealpreferredby eitherofthe parties,within sixtydays fromthe date of the order of the competentauthority, to the appellate authority, be determined by an order of the
appellateauthority].
(3) The competent authority: or the %[appellate authority], whiledetermining the amount under sub-section (1) or sub-section (2),as the case
may be, shalltake into consideration—
~ (i) the lossor damage sustainedby such person in hisearnings;
(ii) the diminution,ifany, of themarket value of the land or buildingimmediately after the date of publication of such notification;
(iii)where in pursuance of any directionany building has beendemolished or any additionsor alterationstosuch buildinghave
1. Subs. by Act 41 of 1982, sec. 13, for “by the competent authority” (w.e.f.15-5-1983).
2. Subs. by Act 41 of 1982, sec.13, for certainwords (w.e.f.15-5-1983).
3. Subs. by Act 41 of 1982, sec. 2, for “arbitrator”(w.e.f.15-5-1983).
138 The Metro Railways (Construction of Works) Act, 1978
been made or any development has been desistedby such person,the damage sustained by him in consequence of such demolitionor the making of such additions or alterationsor the desistingfrom making such development and the expenses incurred bysuch person for such demolitionor additionsor alterations:
Provided that the expenses incurred for such demolition oradditions or alterations shall not be taken into consideration ifsuch demolition or additions or alterations has or have been doneby the metro railway administration under sub-section (2) ofsection 36;
(iv) ifany such person iscompelled to change his residenceor placeof business the reasonableexpenses,ifany, thatmay have to beincurred by him incidentalto such change.
23. Power to underpin building or otherwise strengthen it.—(1) If themetro railwayadministrationisof opinion thatitisnecessaryor expedientsoto do forfacilitatingthe constructionof any metro railway or forensuring thesafety of any metro railway, it may, underpin or otherwise strengthen anybuilding within such radius not exceeding, fiftymetres from the metroalignment.
(2) The metro railway administration shall give to the owner or occupierof such building at leastten days notice in writing before undertaking thework of underpinning or otherwisestrengtheningthe building:
Provided thatwhere the metro railway administrationissatisfiedthatanemergency exists,no such notice shallbe necessary.
(3)Where the underpinning or strengthening was executed in connectionwith—
(a) the carrying out of the works upon the land where any buildingissituated,or
(b) the constructionor Operation of any metro railway,
the metro railway administrationmay, at any time afterthe underpinning orstrengthening of such building is completed and before the expirationof aperiod of twelve months,—
(i) in a case referred to in clause (a),from the completion of suchworks; and
(ii) in a case referred to in clause (b),from the date on which trafficwas opened in the metro railway,
enter upon and survey such building and do such further underpinning orstrengthening thereon as itmay deem necessary.
24. Power to enter, etc.—(1) With a view to making survey, or toascertainingthenatureor condition,of any land or buildingforthepurposeof constructionof any metro railwayor any otherwork connectedtherewith,the metro railway administration or any person authorised by thatadministrationmay, atany reasonablehour intheday timeand aftergivingreasonablenoticeto the owner or Occupierof such land or building,enterupon or intosuch land or buildingin,along,over or near the alignmentto—
The Metro Railways (Constructionof Works) Act, 1978 139
(a) inspect the same:
and such other suitablemeasures as may be necessary to exploreand check-up,by digging trialpitsor otherwise,the foundation ofany building in the vicinityof the metroalignment;(c) take such other measures as the said administration deemsnecessaryand proper.
(2)Without prejudiceto thepowers conferredon itunder section19,the‘ metro railwayadministrationmay, by writing,requestany person or body of
 
determined by an order of the appellateauthority].(3) The competent authority or the *[appellate authority] whiledetermining the amount under sub-section (1) or sub-section (2),as the casemay be, shallhave due regard to the damage, lossor injurysustained by anyperson interestedin the land, building,street,road or passage by reason of—(i) the removal of treesor standing crops,ifany;. (ii) the temporary severance of the land, building, street,road orPassage;
(ili)any injurytoany otherpropertywhether movable or immovable.°[(4)The procedureand themanner ofdepositand payment oftheamountpayable foracquiringany land,building,street,road or passage or any rightof user in or any rightin the nature of easement on any land,building,street,Sri
1. Subs.by Act 41 of 1982,sec.14,forcertainwords (w.e.f.15-5-1983).2. Subs. by Act 41 of 1982, sec. 2, for “arbitrator” (w.e.f.15-5-1983).3. Ins.by Act 41 of 1982,sec.14 (w.ef.15-5-1983).
140 The Metro Railways (Construction of Works) Act, 1978
road or passage shallbe followed in the case of the procedure and the mannerof depositand payment of the amount determined by the competent authorityor the appellateauthority under thissection.]
period of twelve months from the date of completion of the constructionofsuch metro railway or other work in the area in which such damage, lossorinjury iscaused.
CHAPTER V
INSPECTION OF METRO RAILWAY
27. Appointment and duties of commissioner.—(1) The CentralGovernment may appointas many personsasitthinksfitby name orby virtueof theirofficeto be commissioners:of metro railway.
(2)Every commissioner shall—
(a) inspectthe metro railway with a view to determining whether itisfitto be opened forpubliccarriageof passengersand reportthereon to the Central Government;
(b) make such periodicalor otherinspectionsof any metro railway orof any rollingstock used thereon as the Centrai Government maydirect;
(c) perform such otherdutiesas may be imposed on him by or underthisAct or any otherenactment forthe time being in forcerelatingto railways or required by the Central Government.
28. Powers of Commissioners.—Subject to the control of the CentralGovernment every commissioner shallhave thepower—
(a) to enter upon and inspectany metro railway or any rollingstockused thereon;
(b) to make any enquiry or to take any measurement as he thinks fitfor the performance of hisdutiesunder thisAct;
(c) by an order in writing under his hand and officialseal addressedto any metro railway administration,to require the attendancebeforehim of any officeror otheremployee of the metro railwayand to requireanswers or returns,to such enquiriesas he thinksfittomake, from such officeror otheremployee or from thesaidadministration;
(d) to require the production of any book or other documentsbelonging to,or in the possessionor controlof,any metro railwayadministrationwhich itappears tohim to be necessary toinspectfor the performance of his dutiesby or under thisAct.
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The Metro Railways (Constructionof Works) Act, 1978 144
29. Facilities to be afforded to commissioner.—Every metro railway
administrationshallafford to every commissioner allreasonable facilitiesfor
performing the duties or exercisingthe powers imposed or conferred upon
him by or under thisAct.
CHAPTER VI
MISCELLANEOUS
30. Surplus land to be sold or otherwise disposed of—Every metro
railway administration may, with the previous approval of the Central
Government, sellor otherwise dispose of any land vested in the Central
Government under the provisionsof thisAct when such land is no longer
requiredforthe purposes of the metro railway.
31.Notice of accidentsand enquiries.—(1)Ifany accidentoccurs during
the constructionof any metro railway or at any stage subsequent theretoas a
consequence of such constructionand the accidentresultsin,or is likelyto
have resultedin,lossof human being or animal or damage to any property,
itshallbe the duty of the metro railway administrationto give noticeto the
CentralGovernment of the occurrenceof any such lossor 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, ifitthinksfit,appoint a commission to enquire into the accidentand
report as to—
(a) the cause of such accident;
(b) the manner inwhich and theextenttowhich the provisionsof this
Act or any otherAct forthe time being in forcein so faras 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,shallhave allthe powers of a civilcourt while tryinga suitunder 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) requiringthediscoveryor productionof any document;
(c) receptionof evidence on affidavits;
‘(d) requisitioningany public record from any court or office;
(e) issuing commission for examination of witnesses.
32. Power to alter the entries in the Schedule.—(1) The Central
Government may, by notificationin the OfficialGazette—
(a) add to the Schedule the metro alignment in respect of a
metropolitan cityto which thisAct ismade applicableunder sub- -
section (3)of section1;
142 The Metro Railways (Construction of Works) Act, 1978
(b) alter any metro alignment specified in the Schedule if it is ofopinion thatsuch alterationisnecessary for the constructionandmaintenance of themetro railwayto which such alignment relates.(2)Every notificationissued under sub-section (1)shall,as soon as may beafter itis issued, be laid before each House of Parliament..
33.Prohibition of obstruction.—No person shall,without any reasonablecause or excuse, obstruct any person with whom the metro railwayadministrationhas enteredintoa contract,in theperformanceor executionbysuch person of such contract.
34. Local authoritiesto assist—Every localauthorityshallrender suchhelp and assistanceand furnishsuch informationto the metro railwayadministrationas thatadministrationmay requirefordischargingitsfunctionsand shall make available to the said administrationfor inspection andexamination such records, maps, plans and other documents as may benecessary for the discharge of such functions.
35.Prohibition of removal of marks.—No person shallremove any marksplaced or fillup any trench cut for the purpose of marking levels,boundariesor linesby the metro railway administration.
36. Penalty for failure to comply with directionsissued under section21.—(1)Ifany person wilfullyfailstocomply with any directioncontainedinany notificationissued under section 21, he shall be punished withimprisonment fora term which may extend tosixmonths, or with finewhichmay extend to one thousand rupees,or with both.
(2)Without prejudiceto the provisionsof sub-section(1),ifany personfailsto demolish any building or make additionsor alterationstheretoinpursuance of any direction contained in any notificationissued undersection21 within the period specifiedin the notification,then,subjectto suchrules as the Central Government may make in this behalf, it shall becompetent for any officerauthorised by the metro railway administrationinthis behalf to demolish such building or make necessary additions.oralterationsthereto.
{(2A) Without prejudice to the provisions of sub-section(2),ifany personfailsto vacate temporarily any building togetherwith any movable propertyor animal thatmay be inhiscustody,controlor possessioninpursuance of anydirection contained in any notificationissued under section 2 within theperiod specifiedin the notification,the competent authoritymay enforce thedirectionof temporary evacuationphysicallyby takingsuch policehelp,asmay be consideredby him necessary,and for thispurpose the provisionsofsub-section (2) of section 11 shall,as far as may be, apply.]
37. General provision for punishment of offences.—Whoevercont

Excerpt shown. Open the full act in Lexace.

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