1[20B. Power to enter for survey, etc.– On the issue of a notification under sub-section (1) of section 20A, it shall be lawful for any person, authorised by the competent authority in this behalf, to–
(a) make any inspection, survey, measurement, valuation or enquiry;
(b) take levels;
(c) dig or bore into sub-soil;
(d) set out boundaries and intended lines of work;
(e) mark such levels, boundaries and lines placing marks and cutting trenches; or
(f) do such other acts or things as may be considered necessary by the competent authority.]
1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)
Simplified Explanation
Section 20B of the Railways Act, 1989 provides the competent authority with the power to authorize individuals to enter land and perform various activities required for the purpose of acquiring land for a special railway project. This section comes into play after the issuance of a notification under Section 20A regarding the acquisition of land.
Key Provisions:
- Authorized Entry for Surveys and Other Activities (Sub-section 1):
- Once a notification is issued under Section 20A, any person authorized by the competent authority may enter the land for the purpose of conducting necessary activities related to land acquisition and project planning.
- The authorized person may perform the following activities:
- Inspection, survey, measurement, valuation, or any other inquiry required for assessing the land for the project.
- Taking levels on the land to assess its suitability.
- Digging or boring into the sub-soil to gather data, such as soil type, water tables, or other geological factors that may affect the construction.
- Setting out boundaries and the intended lines of work for the railway project, marking these boundaries on the land.
- Marking levels, boundaries, and lines, which may involve placing physical marks or cutting trenches to define the area clearly.
- Performing other necessary acts as deemed essential by the competent authority in relation to the land acquisition or project execution.
Implications:
- Facilitates Detailed Planning: This provision ensures that the competent authority and its agents can conduct thorough preliminary surveys and assessments of the land before actual construction begins. It provides the groundwork for determining the feasibility of the railway project, including any adjustments that may be needed for the land.
- Ensures Legality and Transparency: The authorization of entry by the competent authority ensures that the process is legal and follows proper procedures. It also helps minimize conflicts that could arise from unauthorized activities.
- Informs Stakeholders: Through the ability to perform these activities, the competent authority gathers essential data to make informed decisions about the land and the railway project. The stakeholders, including the State Government, local authorities, and landowners, will have more clarity on the planned railway developments and their implications.
- Minimizing Disruption: The activities listed in this section are designed to minimize disruption to the landowners or occupiers, as they focus on gathering information rather than beginning actual construction work. This ensures that any disturbance is kept to a minimum while planning and designing the project.
Conclusion:
Section 20B empowers the competent authority to authorize the entry of designated personnel onto land after a notification for land acquisition is issued under Section 20A. This allows for a range of survey, measurement, and preparatory activities necessary for executing special railway projects. The provision ensures that the planning and assessment phases of railway development are carried out systematically and legally, minimizing conflicts and ensuring the project is viable before proceeding with land acquisition or construction.
