Amidst the notice by the Sao Jose de Areal panchayat to stop double tracking work on Nessai railway crossing, the railway Vikas Nigam has said it is undertaking works within the land which belongs to railways and the local panchayats have no jurisdiction over it.
“With reference to your above notice in connection with stopping construction work near Railway gate Nesai and Railway station Sao Jose de Areal. I am directed to inform you that the construction work is being legally executed in connection with Railway doubling under the provisions of Sections 1 to 13 Chapter IV of Railway Act, 1989 (F-1). In this regard, it is to clarify that the above work is being executed within the land belonging to Railway only,” the letter from RVN dy manager says.
In connection with Double tracking, the Railways says it has requisitioned about 12.9293 Ha of private land in 05 Talukas Dharbandora, Sunguem, Quepem, Salcete & Mormugao.
“Out of which 6.1925 Ha land has been acquired by Goa Government with the consent of land owners and possession has already been handed over to Railways. Acquisition of remaining 6.7368 Ha land is in progress under Railway Act. Till such time land acquisition is completed, Railways are executing the work within available Railway land only,” it says.
Further, the railways drew attention of the panchayat to the provisions of Sections 11 under Chapter IV of The Railway Act 1989 which empowers the Railway Administration to 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, tunnels, culverts, embankments, aqueducts, bridges, roads, lines of railways, passages, conduits, drains, piers, cuttings and fences, in-take wells, tube wells, dams, river training and protection works as it thinks proper not withstanding 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 Railway and as such the Railway Administration is not required to obtain permission from any local body or Village panchayat to execute the work within the land belongings to Railways.
“Further, it is also to clarify that the section 6&) of Gua Panchayat Raj Act (F-2) referred in your notice is not applicable for the land belonging to Railway administration. According to Section 65 of Goa Panchayat Raj Act 1994 and rules, Jurisdiction a Village Panchayat is restricted to any Village road, building which are not under the control of the Government or private. Whereas, the Railway land is under the control of Union Government and is beyond the jurisdiction of a Village Panchayat Hence, the section 65 of Gon Panchayat Raj Act 1994 is not applicable for any work within Railway land and Railway administration is not required seek any permission from a Village panchayat,” it says.