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10. Declaration of acquisition.-

(1) Where no objection under sub-section (1) of section 9 has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection 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 in the Official Gazette, that the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein for laying the metro railway should be acquired.

(2) On the publication of the declaration under sub-section (1), the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein shall vest absolutely in the Central Government free from all encumbrances.

(3) Where in respect of any land, building, street, road or passage, a notification has been published under sub-section (1) of section 7 either for its acquisition or for the acquisition of the right of user, or any right in the nature of easement, therein, but no declaration under 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:

1[Provided that in computing the said period of one year, the period or periods during which any action or proceeding to be taken in pursuance of the notification issued under sub-section (1) of section 7 [including any such action or proceeding pending immediately before the commencement of the Metro Railways (Construction of Works) Amendment Act, 1987 (42 of 1987)] is stayed by an order of a Court, whether granted before or after such commencement, 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. Subs. by Act 41 of 1982, s. 4, for certain words, brackets and figures (w.e.f. 15-5-1983).

2. Ins. by s. 4, ibid. (w.e.f. 15-5-1983).



Metro Railways (Construction of Works) Act, 1978 Back




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