The metro railways(construction of works)act,1978
Chanchal Nag Chowdhury
(Querist) 09 July 2015
This query is : Resolved
Can anyone say whether any Rules have been framed u/s.44 of The Metro Railways(construction of works)Act,1978? If so, when was it gazetted?
In a case before the Cal. HC, the rlys. have claimed such a rule exists but I have not found them.
Also can anyone cite at least one case law where The Metro Railways(construction of works)Act,1978 and the rules have been used to acquire land for Metro Rlys?
The next hrg. is on 14/07/2015 before Cal.HC. require answers urgently> Thank You.
P. Venu
(Expert) 10 July 2015
Please inform of the material facts.
Chanchal Nag Chowdhury
(Querist) 10 July 2015
Not an academic query. I'm a practising advocate myself.My client's premises was raided on the orders of ADM on the ground that the factory premises have been acqd. under The Metro Railways(construction of works)Act,1978 & The Metro Railways(construction of works)Rules,1978.While the Act is in existense I have not found the rules.Rlys. have produced a cyclostyled version of the Rules claiming that they've been duly published as per S.44 of the Act. I remember coming across a judgment where the UOI admitted that there are no rules & the acquisition was under the LA Act & hence the query.Unfortunately, I cannot locate the judgment. Pl. note that the rules are not available on any govt. website.
In all the reports I have come across relating to land acq. for Metro rlys., they're invariably under the LA Act. & not under the Metro Act.
Dr J C Vashista
(Expert) 11 July 2015
Is it a local (state) or central (union) Act?
P. Venu
(Expert) 11 July 2015
If the land was duly acquired, copies of the Notifications could be obtained under the RTI Act.
Alternately, the legality of the raid conducted by the ADM could be challenged in a Court of Law, through a Suitor WP. The Government is bound to come up with the complete information.
