Report No. 10

3. The Indian Railways Act, 1890 (IX of 1890)

If land belonging to another is needed for a railway administration, the acquisition has to be made, under the provisions of the Land Acquisition Act. Section 9 of the Act confers power on a railway administration to enter upon another person's land for the purposes mentioned in the section, but compensation has to be paid by the railway administration for the damage, if any, caused thereby. In case of dispute the question has to be determined in accordance with the provisions of sections 11 to 15 (both inclusive), 18 to 34 (both inclusive) and sections 53 and 54 of the Land Acquisition Act. Sections 51 and 52 of the Act are also made applicable (vide section 4).

To a large extent, therefore, the provisions of the Land Acquisition Act, 1894 apply to cases covered by the Indian Railways Act.