Section 24 of The Metro Railways (Construction of Works) Act, 1978
- (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.
Summary
- Metro officials can enter land or buildings near the metro route to do surveys, take measurements, and check conditions for construction.
- These visits must take place during reasonable daytime hours, and the owner or occupier must be given reasonable advance notice.
- While on the property, officials can inspect the area, draw plans, take pictures, and dig trial pits to study building foundations.
- The metro administration can also ask people in charge of utilities like sewers, drains, pipes, or wires to alter them to fit the metro's plans.
- The metro administration must cover the financial cost of altering these utility lines.
- If there is a disagreement about these alterations or their costs, the Central Government will settle the dispute, and its decision cannot be challenged in court.
Practical examples
FAQ
1. Can metro workers enter my property in the middle of the night to do a survey?
No, the law requires them to enter at a reasonable hour during the daytime.
2. Will I get any warning before they come to dig a trial pit on my land?
Yes, the administration must give you reasonable notice before entering your property.
3. Who pays if a water pipe needs to be moved out of the metro's way?
The metro railway administration must carry out the alterations at its own expense.
Test yourself
Q1.Under Section 24 of The Metro Railways (Construction of Works) Act, 1978, when are authorized persons permitted to enter a building to inspect it or make measurements?
Q2.Under Section 24 of The Metro Railways (Construction of Works) Act, 1978, which of the following is specifically listed as a method for checking the foundation of a building?
Q3.Under Section 24 of The Metro Railways (Construction of Works) Act, 1978, who makes the final decision if there is a dispute regarding the cost of altering a sewer or cable?
Q4.How does the mention of Section 19 affect the powers granted in Section 24 of The Metro Railways (Construction of Works) Act, 1978?