s 19 Removal of trees dangerous to or obstructing the working of a railway
19.—(1) In either of the following cases:(a) where there is danger that a tree standing near a 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’s Court, 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 subsection (1) may be exercised by the railway administration without the permission of a Magistrate’s Court. (3) Where a tree felled or otherwise dealt with under subsection (1) or (2) was in existence before the railway was constructed or the signal was fixed, any Magistrate’s Court may, upon the application of the persons interested in the tree, award to those persons such compensation as it thinks reasonable. (4) Such an award, subject to an appeal to the General Division of the High Court, shall be final.[40/2019] (5) Except as provided in subsection (3), a civil court shall not entertain a suit to recover compensation for any tree felled or otherwise dealt with under this section.