THE RAILWAYS ACT, 1989 – Chapter IV – Section 11

Chapter IV
Construction and Maintenance of Works

Power of Railway Administration to Execute all Necessary Works

11. 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 on 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, cannals, 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, aquaducts, roads, lines of Railways, passage, conduits, drains, plers, cuttings and fences, in-take wells, tube wells, dams, rivers 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 temporary or permanently, the course of any river, 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 to 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 convenience as the railway administration thinks proper;
(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 for repairing and using the railway.

Forward reference⇒Section 12