Section 20D: Hearing of objections, etc.

1[20D. Hearing of objections, etc.– (1) Any person interested in the land may, within a period of thirty days from the date of publication of the notification under sub-section (1) of section 20A, object to the acquisition of land for the purpose mentioned in that sub-section.

(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 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]

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

Simplified Explanation

Section 20D of the Railways Act, 1989 provides a mechanism for addressing objections raised by individuals or entities interested in land that is being considered for acquisition for a railway project. It outlines the process for hearing objections, the role of the competent authority, and the finality of the authority’s decision.

Key Provisions:

1. Right to Object:
   • Any person with an interest in the land has the right to object to the acquisition within 30 days from the date of publication of the notification under Section 20A (regarding the intention to acquire land for a special railway project).
2. Form and Procedure for Objection:
   • The objection must be submitted in writing to the competent authority.
   • The objection should set out the grounds on which the person opposes the acquisition.
3. Opportunity for Hearing:
   • The competent authority is required to give the objector the opportunity to be heard.
   • The objector may appear personally or through a legal practitioner (as defined under the Advocates Act, 1961).
   • The competent authority has the discretion to conduct further inquiries if deemed necessary, and after considering the objections, it will issue an order.
4. Decision of the Competent Authority:
   • After hearing the objections and conducting any necessary inquiries, the competent authority will issue an order either:
     • To allow the objection (i.e., prevent or modify the land acquisition), or
     • To disallow the objection (i.e., proceed with the land acquisition as initially planned).
5. Finality of the Order:
   • The order made by the competent authority is final, meaning that there is no provision for appeal or further review of the decision.

Explanation of “Legal Practitioner”:

• A legal practitioner is defined as a person who is legally authorized to practice law, which, according to Section 2(i) of the Advocates Act, 1961, includes any person enrolled with a Bar Council as an advocate.

Implications:

• Protection of Rights: This section ensures that landowners or any persons with a vested interest in the land have a formal opportunity to object to the land acquisition, thus safeguarding their rights.
• Clear Process: It outlines a clear process for submitting objections, providing a written submission and the opportunity to be heard by the competent authority, ensuring transparency in how objections are handled.
• Finality of Decision: The provision that the competent authority’s decision is final means that once the objections are heard, the process cannot be further contested or delayed, providing clarity for both landowners and the railway authorities.
• Legal Representation: The provision allowing legal practitioners to represent objectors ensures that individuals can seek professional legal advice and representation if they wish to contest the acquisition.

Conclusion:

Section 20D establishes a structured procedure for hearing objections related to land acquisition for railway projects. It ensures that those affected by the acquisition have an opportunity to raise concerns and have them heard by the competent authority. The authority’s decision is final, streamlining the process and ensuring that there are no prolonged delays in the acquisition procedure. This section strikes a balance between the rights of the landowners and the public interest in executing railway projects.