Railways Act, 1989
19. Over-bridges and under-bridges.
(1) Where a railway administration has constructed lines of
rails across a public road at the same level, the State Government or the local
authority maintaining the road, may, at any time, in the interest of public
safety, require the railway administration to take the road either under or
over the railway by means of a bridge or arch with convenient ascents and
descents and other convenient approaches, instead of crossing the road on the
level, or to execute such other works as may, in the circumstances of the case,
appear to the State Government or the local authority maintaining the road to
be best adapted for removing or diminishing the danger arising from the level
crossing.
(2) The railway administration may require the State Government
or the local authority, as the case may be, as a condition of executing any
work under sub-section (1), to undertake to pay the whole of the cost of the
work and the expense of maintaining the work, to the railway administration or
such Proportion of the cost and expenses as the Central Government considers
just and reasonable.
(3) In the case of any difference of opinion between the railway
administration and the State Government or the local authority, as the case may
be, over any of the matters mentioned in sub-section (1), it shall be referred
to the Central Government, whose decision thereon shall be final.