Saving of certain rights

(1) Nothing in this Act shall affect— (a) the rights of any local authority to make any excavation for the purpose of laying, making, altering, repairing or renewing any sewer, drain, water course or other works; or (b) the rights of any authority appointed under any law for the time being in force for water, electricity, railway or trolley vehicles to erect any support or make any excavation for purpose of laying, making, altering, repairing or renewing any main, pipe, sluice, weir, electric line, duct, drain or other apparatus; or (c) any land belonging to a Railway administration or belonging to or used by a person holding a license or sanction for the generation, transformation or distribution or electricity under the Indian Electricity Act, 1910, when such land is held or used by the Railway administration, or such person, as the case may be, for the purpose of its railway of for generation, transformation or distribution of electricity, except in so far as they may consent thereto; or (d) any land within the limits of cantonment or a port declared by or under any law made by Parliament or existing law to be a major port; or (e) any land within the jurisdiction of a local authority under the administration control of the Central Government: Provided that : - (i) any restriction in force under section 9 as to construction, formation or laying out of means of access to, or from, any road, shall without any such consent as foresaid, extent to any such land as is specified in clause (c) in so far as the restrictions relate to means of access over or under such land to, or from, land other than land so specified; and (ii) any consent required for the purpose of this section shall not be unreasonably withheld and the question whether or the consent so required is unreasonably withheld shall be determined by the State Government on the question shall be final. (2) Nothing in this Act shall affect any powers and duties of the telegraph authority under the provision of the Indian Telegraph Act, 1885 (18 of 1885). (3) The authority or persons mentioned in sub-section (1) shall be liable to restore the highway to its former condition on completion of any excavation or other works done under the said sub-section and upon its failing to do so the Highway Authority may cause the restoration to be made and recover from such authority or person the expenditure incurred by it.