Rapid Transit Systems Act · 1988 Revised Edition · Part V · Further Rights and Powers of Corporation for Purposes of Construction and Operation of Mass Rapid Transit System
35. Power to enter private land to lay railway
Feedback & supportThe Corporation or any person authorised by the Corporation shall have the right to enter upon and take possession of any land or part thereof not being State land within or adjoining the railway area not being land belonging to or acquired by the Corporation and lay and construct the railway in, under or over the land and do all things as are reasonably necessary for the purpose of laying and constructing the railway.
Corporation
“Corporation” means the Mass Rapid Transit Corporation established under section 3;
The Corporation or a person authorised by the Corporation shall not exercise the right conferred by subsection (1) unless the Corporation has given not less than two months’ notice of its intention to exercise the right conferred upon that subsection to the occupier of the land and every person having any estate, right, share or interest in the land.
land
“land” includes and may, where the context so requires, have any one or more of the following meanings separately:(a)land of any tenure and so much of the airspace above the surface as may be reasonably used or enjoyed by any owner thereof, and all substances under the surface, whether or not held apart from the surface;(b)the whole or part of any building or other erection or fixture on land;(c)where an undivided share of a leasehold interest in land has appurtenant to it rights to the exclusive use and occupation of a building or part thereof on such land, such share in the land and all rights appurtenant thereto;(d)any other estate, right, share or interest in land;
Notice under subsection (2) may be given to and shall be deemed to have been received by an occupier if a written notice is affixed to a conspicuous part of the land to be entered.
A notice referred to in subsection (2) shall —
give a brief description of the works which the Corporation proposes to carry out on the land;
state the estimated period, if any, during which the Corporation intends to occupy or take possession of the land;
describe the area or extent of the land needed for the carrying out of the works referred to in paragraph (a); and
state that any person entitled to payment of any compensation under this Act may serve a written claim on the Corporation.
The ownership of anything shall not be altered by reason only that it is placed in, under, over or affixed to any land in exercise of a right conferred upon the Corporation by this section.
In this section, a reference to entry on land includes the digging or boring of a tunnel under the land and the erection of any structure over or under the land.[29