FMDA Act 20

Section 20 · Special provisions regarding right of way for infrastructure development work

(1)

The Authority shall specify the right of way requirements for laying infrastructure development work under, over, along, across or upon any road or public street or any property vested in or under the control or management of the Authority:Provided that such right of way requirements shall be consistent with the provisions of-

(i)

the Indian Telegraph Act, 1885 (Central Act 13 of 1885) or rules made thereunder, in respect of telecommunication infrastructure;

(ii)

the Electricity Act, 2003 (Central Act 36 of 2003) or rules made thereunder, in respect of electricity infrastructure;

(iii)

the Metro Railways (Construction of Work) Act, 1978 (Central Act 33 of 1978) or rules made thereunder, in respect of metro railway infrastructure;

(iv)

the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (Central Act 50 of 1962) or rules made thereunder, in respect of petroleum and natural gas pipelines.

(2)

The Authority shall, in respect of any property vested in it or under its control or management, exercise the powers -

(i)

of the local authority under the Indian Telegraph Act, 1885 (Central Act 13 of 1885) and the appropriate authority under the Indian Telegraph Right of Way Rules, 2016, for underground telegraph infrastructure and over ground telegraph infrastructure;

(ii)

conferred under the rules made by the State Government under sections 67 and 68 of the Electricity Act, 2003(Central Act 36 of 2003) for electricity infrastructure.

(3)

No person, board, company or other agency shall, except in accordance with the right of way requirements undertake any infrastructure development work within the notified area.

(4)

Where the infrastructure development work is proposed to be provided under any road or public street or any property vested in or under the control or management of the Authority, the Chief Executive Officer may require the provider of such infrastructure development work to ensure provision of positional intelligence through appropriate technology to enable the Authority to obtain real time information on the location of such infrastructure development work.

(5)

The Authority may, either on its own or through collaboration with one or more providers of any infrastructure development work, construct a shared infrastructure for all public utilities that are likely to be laid under any road or public street and on construction of such shared infrastructure require all providers of infrastructure development work laid or proposed to be laid under any road or public street to use the shared infrastructure:Provided that the nature of the shared infrastructure, the terms and conditions of its construction and shared use shall be such, as may be approved by the Authority.

(6)

If the Chief Executive Officer is of the opinion that public interest shall be served by shifting of any infrastructure development work laid under, over, along, across or upon any road or public street or any property vested in or under the control or management of the Authority, he may direct the owner of such infrastructure development work to shift or alter the infrastructure so provided within such time, as he may reasonably determine:Provided that if no compensation was paid to the Authority or its predecessor in interest at the time of laying of the infrastructure development work, the shifting or alteration of such infrastructure shall be undertaken by the owner of such infrastructure at their cost, unless specifically exempted by an order of the Authority:Provided further that where the shifting or alteration of the infrastructure development work is required for the implementation of another infrastructure development work, then the shifting or alteration, including the cost of such shifting or alteration thereof, may, if the Chief Executive Officer so directs, be undertaken by the owner of the other infrastructure development work:Provided further that if owner of the infrastructure development work makes a request with reasons thereof, to the Chief Executive Officer for an extension in time for the shifting or alteration of such infrastructure development work, the Chief Executive Officer shall, having regard to the public interest and the reasons cited for the request for extension in time, may grant or refuse the extension.Explanation. - For the purposes of this clause, the word "compensation" shall not include the payment made or incurred on reinstatement or restoration of damage to land.

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