1[20C. Evaluation of damages during survey, measurement, etc.– The damages caused while carrying out works on land such as survey, digging or boring sub-soil, marking boundaries or cutting trenches or clearing away any standing crop, fence or forest or doing such other acts or things which may cause damages while acting under section 20B particularly relating to land which is excluded from acquisition proceeding, shall be evaluated and compensation shall be paid to the persons having interest in that land, within six months from the completion of the said works.]
1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)
Simplified Explanation
Section 20C of the Railways Act, 1989 provides a mechanism for compensating individuals who may suffer damage to their land during survey and related activities carried out for railway projects. These activities include actions like surveying, digging, boring sub-soil, marking boundaries, or clearing land. The section specifically addresses damages that occur on land excluded from acquisition proceedings.
Key Provisions:
- Compensation for Damages:
- If any damage is caused while performing activities such as:
- Surveying the land.
- Digging or boring the sub-soil.
- Marking boundaries.
- Cutting trenches.
- Clearing standing crops, fences, or forests, or any other actions related to the survey or land preparation (under Section 20B).
- If any damage is caused while performing activities such as:
- Exclusion from Acquisition:
- This provision particularly applies to land that is excluded from the acquisition proceedings, meaning that the land is not ultimately going to be taken for the railway project.
- Compensation Process:
- The damages caused by these activities will be evaluated, and compensation will be paid to the persons who have an interest in the affected land.
- The compensation must be provided within six months from the completion of the activities causing the damage.
Implications:
- Protects Landowners: This section ensures that landowners or occupiers who experience damage during the preliminary work for the railway project are compensated for their loss. It acknowledges that even though the land may not be acquired, it may still suffer damage due to the necessary survey and preparatory activities.
- Clear Timelines for Compensation: The requirement to pay compensation within six months from the completion of the works establishes a clear timeline, ensuring timely relief for those affected by the activities. This helps mitigate financial hardship for landowners.
- Encourages Careful Planning: By mandating compensation for damage, the section ensures that railway authorities and their agents will take necessary precautions and act with responsibility when performing activities that could cause disruption to landowners’ use of their land.
- Clarifies Exclusions: The emphasis on land excluded from acquisition indicates that while certain lands may be affected by railway project activities, they will not be permanently acquired, and the damages will only be temporary. The landowners are compensated for any temporary loss or damage that occurs during the process.
Conclusion:
Section 20C ensures that individuals whose land is affected by preparatory activities for a railway project (but not acquired for the project) receive compensation for any damage caused during the process. It mandates a clear evaluation of damages and requires compensation to be paid within six months from the completion of the activities. This provision provides a fair and transparent process for compensating landowners, protecting their interests and encouraging careful and responsible execution of railway development activities.
