Section 1. Short title, commencement and application

CHAPTER I PRELIMINARY 1. Short title, commencement and application.— (1) This Act may be called the Metro Railways (Construction of Works) Act, 1978. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. (3) It applies in the first instance to the metropolitan city of Calcutta; and the Central Government may, by notification in the Official Gazette, declare that this Act shall also apply to[2] [the National Capital Region, such other metropolitan city and metropolitan area, after consultation with the State Government, and with effect from such date as may be specified in that notification and thereupon the provisions of this Act shall apply to the National Capital Region, such metropolitan city or metropolitan area accordingly.] 1. Proviso added by Act 42 of 1987, s. 2 (w.e.f. 9-12-1987). 2. Subs. by Act 41 of 1982, s. 5, for certain words, brackets and figures (w.e.f. 15-5-1983). 3. Subs. by s. 6, ibid ., for "by the competent authority" (w.e.f. 15-5-1983). 4. Ins. by s. 6, ibid . (w.e.f. 15-5-1983). (2B) Such notice shall state the particulars of the land, building, street, road or passage acquired, or the right of user or the right in the nature of easement therein acquired and shall require all persons interested in such land, building, street, road or passage or right of user or right in the nature of easement therein, to appear in person, or by an agent or by a legal practitioner referred to in sub-section (2) of section 9, before the competent authority, at a time and place therein mentioned (such time not being earlier than fifteen days after the date of the publication of the notice) and to state the nature of their respective interests in such land, building, street, road or passage or right of user or right in the nature of easement therein.] (3) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties the amount shall,[1] [on an appeal preferred by either of the parties to the appellate authority, within a period of sixty days from the date of the order appealed against, be determined by an order of the appellate authority]. (4) The competent authority or the[2] [appellate authority] while determining the amount under sub-section (1) or sub-section (3), as the case may be, shall take into consideration — (a) the market value of the land, building, street, road or passage on the date of publication of the notification under section 7; (b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land; (c) the damage, if any, sustained by the person interested at the time of taking possession of the land, building, street, road or passage by reason of the acquisition injuriously affecting his other immovable property in any other manner, or his earnings; (d) if, in consequence of the acquisition of the land, building, street, road or passage, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change. (v) such alteration of such building as would alter the drainage or sanitary arrangements therein or would materially affect its security, and (vi) the addition of any rooms in such building. (2) All other words and expressions used herein and not defined but defined in the Indian Railways Act, 1890 (9 of 1890), shall have the meanings, respectively, assigned to them in that Act.