Section 20A: Power to acquire land, etc.

1[20A. Power to acquire land, etc.– (1) Where the Central Government is satisfied that for a public purpose any land is required for execution of a special railway project, it may, by notification, declare its intention to acquire such land.

(2) Every notification under sub-section (1), shall give a brief description of the land and of the special railway project for which the land is intended to be acquired.

(3) The State Government or the Union territory, as the case may be, shall for the purposes of this section, provide the details of the land records to the competent authority, whenever required.

(4) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which shall be in a vernacular language.]

1 Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008).

Simplified Explanation

Section 20A of the Railways Act, 1989 grants the Central Government the authority to acquire land necessary for the execution of a special railway project. The acquisition process is intended to facilitate the construction and development of essential railway infrastructure projects that serve the public interest.

Key Provisions:

1. Power to Acquire Land (Sub-section 1):
   • The Central Government can acquire land if it is satisfied that the land is required for the execution of a special railway project.
   • The acquisition process begins with the issuance of a notification that declares the government’s intention to acquire the land.
2. Details in the Notification (Sub-section 2):
   • The notification issued by the Central Government must provide:
     • A brief description of the land to be acquired.
     • The special railway project for which the land is being acquired.
3. Role of State Government/Union Territory (Sub-section 3):
   • The State Government or Union Territory is responsible for providing land records to the competent authority when required, to aid in the acquisition process.
4. Publication of Notification (Sub-section 4):
   • The competent authority is required to publish the substance of the notification in two local newspapers:
     • One of the newspapers must be in a vernacular language to ensure the notification reaches a wide audience, including those who may not be familiar with the official language.

Implications:

• Facilitating Railway Projects: This section enables the Central Government to acquire land required for public railway infrastructure projects, such as the construction of new lines, stations, or other facilities, that benefit the public.
• Transparency and Public Awareness: The requirement to publish the notification in local newspapers, including a vernacular language newspaper, ensures that local communities are aware of the proposed land acquisition and the reasons behind it. This can help minimize disputes and enhance transparency.
• Role of Local Authorities: The provision emphasizes the collaborative role of State Governments and Union Territories in facilitating the acquisition process, particularly in providing land records for accuracy and efficiency.
• Land Acquisition Process: The process outlined in this section is consistent with land acquisition procedures used in other public works projects, ensuring that the Central Government can act swiftly and with legal authority to secure land for railway development.

Conclusion:

Section 20A of the Railways Act, 1989 is a crucial provision that allows the Central Government to acquire land necessary for special railway projects. The section ensures that land acquisition is carried out transparently, with adequate notification to the public, and with the involvement of local authorities to provide necessary land records. It is an essential mechanism for supporting the growth and expansion of the railway network to meet public needs.