Section 17: Power of owner, occupier, State Government, or local authority to cause additional accommodation works to be made

(1) If an owner or occupier of any land affected by a railway considers the works made under section 16 to be insufficient for the use of the land, or if the State Government or a local authority desires to construct a public road or other work across, under or over a railway, such owner or occupier, or, as the case may be, the State Government or the local authority may, at any time, require the railway administration to make at the expense of the owner or occupier or of the State Government or the local authority, as the case may be, such further accommodation works as are considered necessary and are agreed to by the railway administration.

(2) The accommodation works made under sub-section (1) shall be maintained at the cost of the owner or occupier of the land, the State Government or the local authority, at whose request the works were made.

(3) In the case of any difference of opinion between the railway administration and the owner or occupier, the State Government or the local authority, as the case may be, in relation to–

(i) the necessity of such further accommodation works; or

(ii) the expenses to be incurred on the construction of such further accommodation works; or

(iii) the quantum of expenses on the maintenance of such further accommodation works,

it shall be referred to the Central Government whose decision thereon shall be final.

Simplified Explanation

Section 17 of the Railways Act, 1989 outlines the process through which landowners, occupiers, State Governments, or local authorities can request the construction of additional accommodation works in relation to a railway, if they deem the existing works insufficient. It also details the responsibilities for the cost and maintenance of such works, and establishes a mechanism for resolving disputes.

Key Provisions:

1. Request for Additional Accommodation Works (Sub-section 1):
   • Owners or Occupiers: If the owner or occupier of land affected by the railway believes that the accommodation works provided under Section 16 are insufficient for the use of their land, they can request the railway administration to provide additional works.
   • State Government or Local Authority: Similarly, if a State Government or local authority wishes to construct a public road or other works that would cross, pass under, or go over the railway, they may also request the railway administration to make the necessary accommodation works.
   • Costs: These additional works are to be made at the expense of the owner, occupier, State Government, or local authority, depending on the party making the request. The railway administration must agree to the necessity of the works before proceeding.
2. Maintenance of Additional Works (Sub-section 2):
   • Once the additional accommodation works are made, the responsibility for maintaining these works lies with the owner, occupier, State Government, or local authority who requested the works. The cost of maintaining the works is borne by the requesting party.
3. Dispute Resolution (Sub-section 3):
   • If there is a disagreement between the railway administration and any of the following parties regarding:
     • The necessity of the additional works,
     • The costs of constructing the additional works,
     • The maintenance costs of the additional works,
   • The matter is to be referred to the Central Government. The Central Government’s decision on the dispute is final and binding.

Implications:

• Ensuring Adequate Infrastructure for Landowners: This section protects the interests of landowners, occupiers, and local authorities by allowing them to request additional works if the initial accommodation provided under Section 16 is deemed insufficient. This can be especially relevant if the original works do not meet the needs for access or the movement of water, or if the land use changes over time.
• Cost and Responsibility: The section clearly places the financial responsibility for additional works on the party requesting them. This ensures that railway administrations are not burdened with extra costs that arise from the requests of third parties, while also providing a fair mechanism for landowners, local authorities, or governments to secure the necessary infrastructure.
• State and Local Government Role: The involvement of State Governments and local authorities highlights the collaborative nature of infrastructure development, as their interests in public works like roads are integrated into the process of railway construction and maintenance.
• Dispute Resolution Mechanism: The provision for referral to the Central Government ensures that disputes between the parties involved (railway administration, landowners, occupiers, local authorities) can be resolved in a centralized, authoritative manner, without causing unnecessary delays in the execution of works.
• Encouragement of Cooperation: This section fosters cooperation between railway administrations, landowners, occupiers, and governmental authorities by setting out clear procedures for requesting additional works, managing costs, and resolving disputes.

Conclusion:

Section 17 ensures that if the existing accommodation works are insufficient, the relevant parties (landowners, occupiers, State Governments, or local authorities) can request additional infrastructure, with the associated costs being borne by the requesting party. It also sets a clear process for resolving disagreements, empowering the Central Government to make final decisions in case of disputes. This provision promotes fairness, clarity, and collaboration in managing the impacts of railway infrastructure on adjacent lands and public works.