1[20-I Power to take possession.– (1) Where any land has vested in the Central Government under sub-section (2) of section 20E, and the amount determined by the competent authority under section 20F with respect to such land has been deposited under sub-section (1) of section 20H with the competent authority by the Central Government, the competent authority may, by notice in writing, direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof the competent authority or any person duly authorised by it in this behalf within a period of 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 case of any land situated in any area falling within the metropolitan area, to the Commissioner of Police;
(b) in case of any land situated in any area other than the area referred to in clause (a), to the Collector of a district,
and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to the competent authority or to the person duly authorised by it.]
1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)
Simplified Explanation
Section 20-I of the Railways Act, 1989 grants the Central Government the authority to take possession of land that has been acquired for a railway project. This section outlines the process for taking possession of the acquired land and the actions that can be taken if the owner or other person in possession refuses to surrender the land.
Key Provisions:
- Issuance of Notice:
- Once the land has vested in the Central Government under Section 20E (which occurs after the acquisition process is complete), and the compensation has been deposited with the competent authority under Section 20H, the competent authority can issue a written notice.
- This notice will direct the owner and any other person in possession of the land to surrender or deliver possession of the land to the competent authority or a person authorized by it.
- The notice will specify a period of 60 days from the date of service of the notice for compliance.
- Failure to Comply:
- If the person(s) in possession of the land refuse or fail to comply with the notice, the competent authority has the power to take further action.
- Depending on the location of the land, the competent authority will apply to the relevant authority to enforce the possession:
- Metropolitan Areas: If the land is in a metropolitan area, the competent authority will apply to the Commissioner of Police to enforce the surrender of the land.
- Non-Metropolitan Areas: For land located outside metropolitan areas, the competent authority will apply to the District Collector.
- Enforcement of Possession:
- The Commissioner of Police or District Collector (as applicable) will then take action to enforce the surrender of the land to the competent authority or the person authorized by it.
- This ensures that the possession of the land is legally transferred to the Central Government or its authorized agent.
Implications:
- Efficient Land Acquisition: Section 20-I ensures that once compensation has been deposited and the land is acquired, the process of taking possession is legally defined, preventing delays or disputes over possession.
- Authority Enforcement: The provision grants the competent authority the ability to seek help from local authorities, such as the Commissioner of Police or the District Collector, to enforce the transfer of possession, ensuring that the government can effectively carry out land acquisitions for public purposes.
- Timely Compliance: The 60-day period for compliance ensures a clear timeline for individuals to surrender land. It helps to expedite the acquisition process and ensures that the land is available for the railway project without undue delay.
Conclusion:
Section 20-I provides the legal framework for taking possession of land acquired for a railway project, ensuring that once compensation is deposited, the land is surrendered to the Central Government or its authorized agent. The involvement of local authorities, such as the Commissioner of Police or District Collector, ensures that possession is enforced efficiently and lawfully, minimizing delays in the land acquisition process.
