1[20E. Declaration of acquisition.– (1) Where no objection under sub-section (1) of section 20D has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objections under sub-section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification, that the land should be acquired for the purpose mentioned in sub-section (1) of section 20A.
(2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances.
(3) Where in respect of any land, a notification has been published under sub-section (1) of section 20A for its acquisition, but no declaration under sub-section (1) of this section has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect:
Provided that in computing the said period of one year, the period during which any action or proceedings to be taken in pursuance of the notification issued under sub-section (1) of section 20A is stayed by an order of a court shall be excluded.
(4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority.]
1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)
Simplified Explanation
Section 20E of the Railways Act, 1989 provides the procedure for the declaration of land acquisition after the objection process under Section 20D is either not invoked or has been resolved. This section formalizes the acquisition process and ensures that the land is legally vested in the Central Government for the intended railway project.
Key Provisions:
- Declaration After No Objections or Disallowed Objections:
- If no objections are raised by any interested person within the 30-day period specified under Section 20D or if the competent authority disallows the objections, the competent authority must submit a report to the Central Government.
- Upon receiving the report, the Central Government will then declare the land to be acquired for the purpose mentioned in Section 20A (special railway project) by issuing a notification.
- Effect of the Declaration:
- Once the declaration is published, the land shall vest absolutely in the Central Government, free from all encumbrances. This means that the land is formally and legally transferred to the Central Government, and any previous rights or claims over it are extinguished.
- Time Limit for the Declaration:
- If no declaration under Section 20E(1) is made within one year from the publication of the notification under Section 20A, the notification shall cease to have any effect. The land will not be acquired unless a declaration is made within this time period.
- However, if court proceedings delay the process, the period during which the action is stayed by the court order will be excluded from the one-year calculation.
- Finality of the Declaration:
- The declaration made by the Central Government under Section 20E(1) is final and cannot be challenged in any court or by any other authority. This provision ensures that once the declaration is made, the acquisition process is concluded without further legal challenges.
Implications:
- Formal Acquisition Process: This section formalizes the acquisition of land for railway projects, ensuring that the Central Government takes legal possession once objections have been handled.
- Protection from Encumbrances: Once the declaration is made, the land is free from any legal claims or encumbrances, making it clear that the government has full authority over the land for the public purpose of the railway project.
- Time-Bound Procedure: The one-year time limit for the declaration ensures that the acquisition process proceeds in a timely manner. The exclusion of periods during which the acquisition process is delayed by court orders provides flexibility in case of legal hurdles.
- Finality of Decision: The finality clause prevents the declaration from being challenged in court, which expedites the process and prevents unnecessary delays.
Conclusion:
Section 20E completes the process initiated under Section 20A by formalizing the acquisition of land through a declaration by the Central Government. This provision ensures that once objections are resolved, the land is legally acquired for the railway project. It provides clarity on the timelines, effects, and finality of the acquisition, helping to streamline the process and prevent delays or challenges that might hinder railway development projects.
