Notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of this Act and the provisions of any law for the acquisition of land for a public purpose or for companies, and subject also, in the case of a non-Government railway, to the provisions of any contract between the non-Government railway and the Central Government, a railway administration may, for the purposes of constructing or maintaining a railway–
(a) make or construct in or upon, across, under or over any lands, or any streets, hills, valleys, roads, railway, tramways, or any rivers, canals, brooks, streams or other waters, or any drains, water-pipes, gas-pipes, oil-pipes, sewers, electric supply lines, or telegraph lines, such temporary or permanent inclined-planes, bridges, tunnels, culverts, embankments, adequcts, bridges, roads, lines of rail, ways, passages, conduits, drains, piers, cuttings and fences, in-take wells, tube wells, dams, river training and protection works as it thinks proper;
(b) alter the course of any rivers, brooks, streams or other water courses, for the purpose of constructing and maintaining tunnels, bridges, passages or other works over or under them and divert or alter either temporarily or permanently, the course of any rivers, brooks, streams or other water courses or any roads, streets or ways, or raise or sink the level thereof, in order to carry them more conveniently over or under or by the side of the railway;
(c) make drains or conduits into, through or under any lands adjoining the railway for the purpose of conveying water from or to the railway;
(d) erect and construct such houses, warehouses, offices and other buildings, and such yards, stations, wharves, engines, machinery apparatus and other works and conveniences as the railway administration thinks proper;
1[(da) developing any railway land for commercial use;]
(e) alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them and substitute others in their stead;
(f) erect, operate, maintain or repair any telegraph and telephone lines in connection with the working of the railway;
(g) erect, operate, maintain or repair any electric traction equipment, power supply and distribution installation in connection with the working of the railway; and
(h) do all other acts necessary for making, maintaining, altering or repairing and using the railway.
1 . Ins. by Act 47 of 2005, s. 4 (w.e.f. 30-8-2006).
Simplified Explanation
Section 11 of the Railways Act, 1989 provides the railway administrations with wide-ranging powers to execute works necessary for the construction, maintenance, and operation of railways, even overriding other laws and regulations, with certain conditions.
Key Provisions:
- Execution of Necessary Works:
- Railway administrations have the authority to carry out various works required for constructing or maintaining a railway, such as building bridges, tunnels, embankments, and rail tracks.
- These works may be carried out on or across a wide range of land and structures, including streets, roads, rivers, canals, and existing railways, as well as utilities such as water-pipes, gas-pipes, electric lines, and telegraph lines.
- Alteration of Natural Features:
- The railway administration can alter the course of rivers, brooks, streams, or other watercourses, for example, to facilitate the construction of tunnels or bridges.
- It can also modify roads, streets, and other features to make them more suitable for the railway’s needs.
- Infrastructure Development:
- Railway administrations are authorized to construct buildings such as houses, warehouses, and offices.
- They can develop yards, stations, and other related infrastructure for the smooth functioning of the railway network.
- As per the amendment by Act 47 of 2005, railway administrations can now also develop railway land for commercial use to generate additional revenue.
- Telecommunication and Electric Infrastructure:
- The administration can erect, operate, maintain, or repair telecommunication lines necessary for railway operation.
- It also has the authority to handle electric traction equipment and power supply systems for the railways.
- Other Necessary Actions:
- The administration can undertake alterations, repairs, or discontinuation of existing buildings or infrastructure, substituting them with new structures where necessary.
- The railway administration is also empowered to perform any other necessary acts required for constructing, maintaining, or using the railway system.
Implications:
- Extensive Authority:
- This section grants railway administrations broad powers to ensure that they have the flexibility to carry out all necessary work for the construction and smooth operation of railways, including modifications to natural and man-made environments.
- Overriding Other Laws:
- The section allows railway administrations to execute these works despite any other laws that may typically apply, subject to certain conditions, ensuring that the railways can function efficiently without delays due to regulatory constraints.
- Commercial Development:
- The inclusion of land development for commercial purposes indicates a shift toward generating non-tariff revenue, encouraging railway administrations to utilize available land assets more effectively.
- Environmental and Land Use Considerations:
- Although the railway has significant powers to alter landscapes and existing infrastructure, these actions must comply with the relevant land acquisition laws and contracts, especially in cases of non-government railways.
Conclusion:
Section 11 empowers railway administrations to carry out all necessary works to construct, maintain, and operate the railway system. These powers extend to land acquisition, alterations of natural features, construction of infrastructure, and the development of railway land for commercial purposes, contributing to the growth and sustainability of the Indian railway network.
