MARGAO
The Rail Vikas Nigam Ltd has asserted that the Goa Panchayati Raj is not applicable for the land belonging to the Railway administration.
In fact, in a reply to the stop-work order issued by the Sao Jose de Areal Panchayat, the RVNL has stated that the construction work near the railway gate at Nessai and the railway station at Sao Jose de Areal is being legally executed in connection with the rail-doubling under the provisions of section 11-13 Chapter IV of Railway Act, 1989.
RVNL has pointed out in the reply that as per section 65 of the Goa Panchayati Raj Act 1994 and rules, the jurisdiction of a village panchayat is restricted to any village road, building, which is not under the control of the government or private parties.
“Whereas, the Railway land is under the control of the Union government and is beyond the jurisdiction of a village panchayat. Hence, section 65 of the Goa Panchayat Raj Act 1994 is not applicable for any work within railway land and Railway administration is not required to seek any permission from a village panchayat,” the reply stated.
The reply further drew the attention of the Areal sarpanch to section 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, etc as it thinks proper notwithstanding anything contained in any other law.
