Notwithstanding anything contained in any other law, the Central Government may, if it is of the opinion that any work undertaken or may be undertaken, is likely to alter or impede the natural course of water flow or cause an increase in the volume of such flow endangering any cutting, embankment or other work on a railway, issue directions in writing to any person, officer or authority responsible for such work to close, regulate or prohibit that work.
Simplified Explanation
Section 20 of the Railways Act, 1989 provides the Central Government with the authority to take preventive measures to ensure the safety of railway infrastructure, particularly when external works might impact the flow of water in a way that could endanger the railway’s embankments, cuttings, or other essential structures.
Key Provisions:
- Power to Issue Directions (Sub-section 1):
- If the Central Government believes that any work—whether already undertaken or proposed—could alter or impede the natural flow of water, or cause an increase in the water flow that could endanger the railway infrastructure, it has the power to issue directions.
- These directions may require the relevant person, officer, or authority responsible for the work to:
- Close, regulate, or prohibit the work to prevent any harm to the railway.
- Scope of Application:
- The section is not limited by any other law, meaning the Central Government’s directive will supersede other legal provisions if it believes the work threatens railway safety.
Implications:
- Preventing Railway Hazards: The primary focus of this section is to ensure that external works, such as construction or land development, do not negatively impact the drainage or water management systems near or within railway infrastructure. Flooding, erosion, or increased water pressure on embankments can lead to railway accidents or damage to infrastructure, making this a crucial safety provision.
- Regulation of External Activities: This section places a significant emphasis on regulating works that could indirectly affect the railway. For instance, large-scale construction projects near railways could disrupt the natural water flow, which may lead to long-term damage or even catastrophic events like landslides, flooding, or structural collapse.
- Central Government’s Oversight: The provision grants the Central Government broad discretion in ensuring the protection of railways. It provides a clear mechanism for addressing external risks that could undermine railway safety and allows the government to intervene before the potential damage occurs.
- Proactive Safety Measures: By allowing the Central Government to issue directions to stop, regulate, or modify the construction or work, the law ensures proactive safety rather than waiting for damage to occur. This helps protect both railway assets and the safety of passengers and the public.
Conclusion:
Section 20 of the Railways Act, 1989 ensures that the Central Government has the authority to intervene and regulate any work that could alter the natural flow of water, which might pose a risk to railway safety. It is a preventive measure to safeguard railway embankments, cuttings, and other critical structures from the potentially damaging effects of external works that affect water flow. The section underscores the government’s role in overseeing activities that may pose an indirect risk to railway infrastructure, ensuring proactive safety measures are in place.
