Section 26, The Proprietary Railways Ordinance

It shall be lawful for the owner of a railway, or any personappointed by him, in case of any accident or slip happening, or being apprehended, to any cutting, embankment, or other rk belonging to him, to enter upon any lands adjoining his wilway for the purpose of repairing or preventing such accident, :~d to do such works as may be necessary for the purpose: Provided that- (i) s:u.ch works shall be as little i~jurious to the said adjoinmg lands as the nature of the acmdent or apprehended accident will admit of, and shall be executed with all possible despatch; (ii) full compensation shall be made to the owners or occupiers of such lands for the loss or injury or inconvenience sustained by them respectively by reason of such works, the amount of which compensation shall, in case of dispute, be settled by the Magistrate of the district, or any person appointed by him for the purpose, whose decision shall be final; (iii) lands required permanently for such works may be acquired under the provisions of section 9 hereof in the same manner as lands required for original construction, but no lands shall be taken permanently for the said works unless acquired under the said section or by private treaty.