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The Railways Act, 1890

( ACT NO. IX Of 1890 )

Chapter III

CONSTRUCTION AND MAINTENANCE OF WORKS

Removal of trees dangerous to or obstructing the working of the railway
15. (1) In either of the following cases, namely:-
 
 
(a) where there is danger that a tree standing near the railway may fall on the railway so as to obstruct traffic,
 
 
(b) when a tree obstructs the view of any fixed signal, the railway administration may, with the permission of any Magistrate, fell the tree or deal with it in such other manner as will in the opinion of the railway administration avert the danger or remove the obstruction, as the case may be.
 
 
(2) In case of emergency the power mentioned in sub-section (1) may be exercised by the railway administration without the permission of a Magistrate.
 
 
(3) Where a tree felled or otherwise dealt with under sub-section (1) or sub-section (2) was in existence before the railway was constructed or the signal was fixed, any Magistrate may, upon the application of the persons interested in the tree, award to those persons such compensation as he thinks reasonable.
 
 
(4) Such an award, subject, where made by any Magistrate other than the District Magistrate, to revision by the District Magistrate, shall be final.
 
 
(5) A Civil Court shall not entertain a suit to recover compensation for any tree felled or otherwise dealt with under this section.

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