Metro Railways (Construction of Works) Act,1978
Act No : 33
Section :
Power to take possession.
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. (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: 3*[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 netification 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) Amendm- ent Act, 1987] is stayed by an order of a Court, whether granted be- fore 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. 4*[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 1. Subs. by Act 41 of 1982, s. 4 ,for certain words (w.e.f 15-5-1983). 2. Ins. by s.4, ibid. (w.e.f. 15-5-1983). 3. Added by Act 42 of 1987, s. 2. 4. Subs. by Act 41 of 1982, s. 5,for certain words (w.e.f. 15-5-1983). 262 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.
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