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"4 It is informed that the matter has been examined
in the Ministry and the legal opinion of the Ministry of
Law and Justice (MoLJ) was also obtained on the
applicability of the Forest (Conservation) Act, 1980 on
the use of forest land falling in the Right of Way (ROW)
of the Railway for construction of new railway line and
conversion of gauge from existing Meter Gauge (MG) to
Broad Gauge (BG) and applicability of provisions of the
Railway Act, 1989. The MoLJ has opined on 28.09.2017
that "though the railway administration has the power
under Section 11(a) of the Act of 1989, to construct or
maintain a railway on any land, but it appears that for
so assignment of forest land (other than the railway
WP-442-2020-J.odt
land) falling in the ROW to the railway by way of lease
or otherwise may attract the provisions of the Act of
1980."