Section 9 of The Metro Railways (Construction of Works) Act, 1978
- (1)Any person interested in the land, building, street, road or passage may, within twenty-one days from the 1[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 dates 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 or 2[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 (25 of 1961).
- (3)Any order made by the competent authority under sub-section (2) shall be final.
Summary
- Anyone with an interest in the targeted property has twenty-one days to file an objection against the metro construction.
- The twenty-one day limit starts from the date the competent authority publishes the substance of the initial notification locally. If it is published on multiple dates, the clock starts on the last date of publication.
- Objections must be written down, sent to the competent authority, and clearly state the grounds for the objection.
- The competent authority must give the person objecting a chance to be heard, either in person, through an agent, or by a legal practitioner.
- After hearing the objection and making any necessary enquiries, the competent authority will issue a final order either allowing or disallowing the objection.
Practical examples
FAQ
1. How much time do I have to object after the local notice is published?
You have exactly twenty-one days to file your objection.
2. Do I have to attend the hearing in person?
No, you can attend in person, send an agent, or have a legal practitioner represent you.
3. Can I appeal the competent authority's decision on my objection?
No, the law states that the order made by the competent authority regarding the objection is final.
Test yourself
Q1.Under Section 9 of The Metro Railways (Construction of Works) Act, 1978, when does the time limit to file an objection begin?
Q2.Under Section 9 of The Metro Railways (Construction of Works) Act, 1978, how is a "legal practitioner" defined for the purpose of representing an objector?
Q3.Under Section 9 of The Metro Railways (Construction of Works) Act, 1978, what happens if the competent authority publishes the substance of the notification on several different dates in different places?
Q4.Under Section 9 of The Metro Railways (Construction of Works) Act, 1978, which of the following describes the status of the competent authority's decision after hearing an objection?