CHAPTER IX

PROCEDURE FOR THE ACQUISITION OF LAND
 

901

Application for Land

906

Revenue Officer's Estimate of Cost of Land Acquisition

910

Railway Administration's Land Estimate

911

Sanction to Land Estimates

913

Land to be acquired only for sanctioned works and bonafide Railway purposes

915

Procedure after the Land Acquisition is put into force Acquisition

916

Valuation of Land for purposes of Award

918 Taking possession

920

Excess over Sanctioned Estimates

921

Completion Report

924

Disbursements by Land Acquisition Officers

925

Procedure for Special Land Acquisition Officers appointed under the Act

931

The Award

934

Payment of Compensation

935

Receipt for Direct Payments

936

Civil Court Deposits

938

Payment by cheques

939

Payments after the Special Officer is relieved of his duties

940

The Award

942

Payment of Compensation

944

Procedure when no money compensation is paid

945

Accounts

947

Internal check of land charges

950

 Rules relating to the Acquisition of Land

956

Rules relating to the restrictions on the use of Land

959

 Land for Assisted sidings

960.

Legal Proceedings

901. Application for Land-Whenever land is required for railway purposes, an application should first be made direct to the Revenue Officer in-charge of the district in which the land is situated, for a statement of the value of the land and a draft declaration for acquiring it. The application should set forth clearly the purpose for which the land is required, and should be accompanied by the following documents specifying the extent of the land and such other particulars necessary for its identification :-

 

(a) A complete set of land plans prepared in accordance with the instruction given in paragraph 838 et. seq.

(b) A complete set of schedules prepared in the form given in Appendix IV or in such other form as may be prescribed by the State Government or Administration concerned.

N. B.-Every endeavour should be made to avoid interference with religious edifices, burial grounds or other places or objects which may be considered as sacred and if the land applied for contains religious edifices, & c., the fact must be specially noted in the application.

902. When the work of acquisition extends to more than one district but lies within one division, application should be made to the Commissioner, when in more than one division to the Chief Revenue Authority of the State.

903. For the better identification of land in cases where the areas to be taken up are extensive, the following further information should also be furnished by a Railway Administration to the State Government or Administration in applying for the acquisition of land :-

 

(a) The name of the railway.

(b) The copy of the order of Government, when necessary, sanctioning the construction of the railway.

(c) A brief general description of the route to be followed by the railway with the names of the more important villages or towns through or near which it is intended that the railway should pass.

(d) A list of civil districts in which the land will be required for the purposes of the railway with the approximate area in acres of the land required in each.

(e) For each civil district, the name or description of the place of places at which the land plans for the district will be available for inspection by the public.

904. The State Government or administration should also be furnished with a general index plan to a scale of 0.5 k.m. to a cm. showing the route to be followed by the railway.

905. Should any land be required for temporary occupation only under Section 35 of Act I of 1894, it should form the subject of a separate application in which the fact that permanent acquisition is not required should be clearly stated.

906.     Revenue Officer’s Estimate of Cost of Land Acquisition-On receipt from the Railway Administration of the application for land drawn up in accordance with the procedure prescribed above, the responsible Revenue Official will forward to the Railway Administration a statement showing the nearest approximate cost of the land which can be obtained without a detailed valuation of the property and also a draft declaration under Section 6 of the Land Acquisition Act on which it should be  recorded that there is no objection to the acquisition of the land on any general or specific grounds. In the case of large projects, in lieu of the statement prescribed above, the Revenue Authorities will furnish to the Railway Administration data in the following specimen form showing the estimated average value per hectare as near as may be for the different classes of land in the localities affected by the projects.

 Form E. 906

 

Kilometres

Rupees per hectare

uncultivated

Remarks

Cultivated

Irrigated

unirrigated

3-15

80

30

10

 

15-17

300

120

30

 

15-27

50

25

5

 

907. In no circumstances should the local Revenue Authority be called upon to furnish data, even rough approximations, before they are supplied with a sketch map (or detailed plans, if such have already been prepared) for each district traversed by the railway, showing the exact course of the centre line of the land to be taken up, with reference to village and town, as a departure from the strict observance of this requirement throws upon the Revenue Authorities undue responsibility for the preliminary estimates. The sketch map should be to scale of 0.5 Km. to a cm. and should show village boundaries wherever they have been surveyed. The distances should also be marked upon it, and the average width of the strip to be taken up should be stated. For land near towns, or which for other reasons is likely to have a specially high value, a map to a sufficiently large scale should be prepared, showing the approximate boundaries to the land likely to be required, with a note of any valuable trees, buildings of other property for which compensation will have to be paid in addition to the price of the land itself.

908. When the estimated value of the land exceeds Rs. 25,000 in any one district, or one lakh in any division it is necessary that the date should be countersigned by the commissioner of the division in which the land is situated or the Chief Revenue Authority of the State respectively. In the State like Tamil Nadu where there are no Commissioners of Divisions, the counter signature of the Collector of a District will suffice.

909. The statement of data received from the Revenue Authority should be taken as representing the value of the land, inclusive of tenant's rights but exclusive of the value of houses. trees, standing crops & c., on the land, the approximate cost of which should be separately furnished by the Revenue Authorities. In addition to the data prescribed above, the Revenue Authorities should also give a rough estimate of the amount of such further items (if any) as are likely to be included in an award based on Section 23 (1) of the Land Acquisition Act, including when necessary, an estimate of the capitalized value of the abatement of land revenue or of payments to be made direct to the proprietors of the area acquired in lieu of abatement of land revenue, and charges for establishments and contingencies. Special care should be taken by the Revenue Authorities in furnishing as accurate data as possible, so as to prevent inaccurate estimating. With the information in hand, the Railway Administration should proceed to frame an estimate* of the total cost of acquisition in detail, including (in cases where voluntary surrender is not probable) the additional 15 per cent laid down in Section 23 (2) of the Land Acquisition Act, on the market value of the land under Section 23 (1), Clause I of that Act.

*Note-In the reports and estimates submitted by Railway Administration it should be specially mentioned whether or not the land estimates have been prepared from data furnished by the Revenue Authorities.

910. Railway Administrations Land Estimates-In preparing land estimates, it will be found generally convenient to adopt the following form :-

Form E. 910

Value of land-

Waste.

Arable.

Homestead.

Bazar.

Value of-

 

(a) Masonry houses.

(b) Thatched houses.

(c) Trees.

(d) Standing crops.

 

           Add additional compensation at 15 per cent under Section 23 (2) of the Act on the market value of the land including houses, trees and crops.

Add market value of Government land taken up.

Add damages under Clauses 2 to 6 of Section 23(1) of the Act.

Add capitalized value of land revenue (when necessary)

Add cost of establishment (when necessary)

Add contingencies.

911. Sanction to Land Estimates-Should the estimates so framed be within the powers of the Railway Administration to sanction and there be no objection to the acquisition of the land on the part of the Revenue Authorities, the General Manager or any other officer duly empowered to sanction the estimate will then accord sanction and allot the necessary funds and forward the estimate duly countersigned by the Accounts Officer together with the draft declaration and duly signed plans and schedules to the State Government or Administration for taking the necessary steps for the acquisition of the land. When it is decided to make reduction in the extent of the land which the State Government has already been asked to arrange to acquire prompt warning should be given to them to take steps to modify the declaration already issued, or to make necessary withdrawal from acquisition. If the sanction of the Railway Board is necessary to the estimated cost of the land, the Railway Administration should apply for and obtain that sanction before applying to the State Government or Administration for the acquisition of the land.

912. The cost of land forms an integral part of the cost of the work. In determining, therefore, the powers of a Railway Administration to sanction a work, the cost of such work should be taken as a whole inclusive of that of the land, irrespective of the source from which the cost of the land is met.

913. The Land to be Acquired only for Sanctioned Work bonafide Railway Purposes-As a general rule land may not be acquired except in connection with a duly sanctioned work but this rule does not debar the acquisition of land for bonafide railway purposes, such as sanitary zones which are unconnected with any particular work. Where any third party's right of way in the form of a path or road has been permanently obstructed by the railway, either by the land having been acquired or otherwise, unlimited powers are delegated to the General Manager for the acquisition of land to restore the right of way on another site.

914. In case of urgency, Railway Administrations are empowered to depart from the ordinary rule stated in the previous paragraph and sanction the acquisition of land prior to the preparation and sanction of estimates either for the work or the land, provided the total probable cost of the work is within the power of Railway Administration to sanction. Where it is anticipated that the estimated cost of the land or the work will exceed the power of sanction of the Railway Administration, the reasons for urgency of acquisition and brief particulars of the work for which it is required together with information regarding the probable cost of the land and of the work should be reported to the Railway Board and their sanction to the acquisition of the land applied for.

Procedure after the Land Acquisition Act is put into force

915. Acquisition. After the publication of the declaration under section 6 of the Land Acquisition Act, the State Government or Administration will direct the Collector, or other officer specially appointed for the purpose, to acquire the land in the manner indicated in the Land Acquisition Act and all subsequent proceedings will be taken by the State Government or Administration. When the award have been announced, the Railway Administration may enter unto possession of the land but before doing so, the authority of the Land Acquisition Officer to its occupation should be obtained. When possession is taken, the acquisition is completed and the land then vests absolutely in Government. Up to the moment of taking possession under the Act, Government is at liberty to withdraw from the acquisition but not afterwards. It should be noted that withdrawal from acquisition entails liability for payment of compensation for any damage suffered by the owner in consequence of the notice or any proceedings thereunder [(Section 48 (2) of the Land Acquisition Act).]

916. Valuation of Land for Purposes of Award. A Land Acquisition Officer in an inquiry and award under Section 11 of the Land Acquisition Act, will give notice to the Railway Administration or their chief local representative of the day on which the inquiry is to be held and will take into consideration any representation which the Railway Administration or their chief local representative may make whether orally or by letter. Also before finally making the award the Land Acquisition Officer will allow the Railway Authorities an opportunity of appearing in person or by agent and of producing evidence as to the value of the land. Railway Administrations should take advantage of these opportunities for representing their views and protecting their interests.

917. If the award, as finally settled after objections have been heard in the course of proceedings, exceeds by more than 20 per cent of the original estimate of the cost of acquisition or if the evidence as to the value is conflicting and such as to indicate a reasonable probability that the Civil Court will award a sum exceeding that estimate, the Land Acquisition Officer should defer the award and inform the Railway Administration concerned of the facts. Further action will then be suspended until the Railway Administration has decided whether acquisition should be proceeded with or not. Before communicating such decision, the Railway Administration should, when the excess is likely to exceed their powers of sanction, submit a report of the matter for the orders of the Railway Board, explaining at the same time whether the acquisition of the land is necessary or whether some plot of land other than that originally contemplated may not be taken up instead. It is incumbent on Railway Administrations to endeavour to avoid the location of a Railway line upon land, the acquisition of which will entail either unnecessary expenditure to Government, or annoyance to the owners, if the object sought can be equally well attained by a slight alteration of the alignment or in some other manner.

918. Taking possession. Possession of the Land will be made over by the local revenue Authority or his representative, and will be taken over by a representative, not lower in status than an Inspector of Works of the Engineering Department of the Railway. The area on the ground should be carefully checked with that on the Plan and, if found correct, the permanent boundary marks should be affixed as soon as possible thereafter.

919. A certificate, at least in duplicate, to the effect that the land has been on that day correctly made and taken over, will then be signed by both parties recorded by the Revenue and Railway Authorities respectively.

920. Excess over Sanctioned Estimates. - Revised Estimates.-- If during the proceeding under, Section 11 of the Land Acquisition Act, it becomes apparent to the Land Acquisition Officer that the cost of the land will exceed the amount of the sanctioned estimate, he should report the excess to the Railway Administration concerned and at the same time furnish fresh data for the revision of the estimate. The Railway Administration will then frame a revised estimate of cost in full detail and if the excess is within the powers delegated to the Railway Administration, sanction the estimate and allot the further funds necessary. Should the revised estimate however, require the sanction of the Railway Board such sanction should be applied for and in doing so, an explanation of the cause of the excess should be furnished where it exceeds the initial estimate by more than 10 per cent. It should be noted that the countersignature of the responsible Revenue Authorities should be obtained to the revised estimate as in the case of the original estimates.

921. Completion Reports. When acquisition has been finally completed and awards made, a completion report showing the actual expenditure incurred on the acquisition should, in the case of lines under construction and of open line works costing Rs. one crore and over, be submitted to the Railway Board either separately or along with the completion report of the works for which the land has been acquired. These completion reports should be drawn up in detail by the Railway Administration on the awards actually made.

922. As regards land taken up for open line works costing less than Rs. one crore no completion report need be submitted to the Railway Board unless it is found that expenditure has been incurred over the original or revised estimate, in excess of the powers of the Railway Administration.

923. Where land outside the regular land widths, as prescribed in paragraphs 822 to 837 and Appendix III, is required for temporary occupation, the procedure will be as under Part VI of the Land Acquisition Act.

Disbursements by Land Acquisition Officers

924. After all preliminaries in respect to estimates, land plans etc. which are required under the rules have been duly carried out, land required by a Railway Administration will be acquired under the Land Acquisition Act either by the Collector of the District in which such land is situated or by some Special Officer who will be placed at the disposal of the Ministry of Railway, and invested with powers of a Collector under the Act. The procedure for disbursement differs in each case. The Act referred to in this and the following paragraph is the Land Acquisition Act of 1894 as modified from time to time.

Procedure for Special Land Acquisition Officers Appointed under the Act.

925. Special Land Acquisition Officers placed at the disposal of the Ministry of Railways are regarded as Railway Disbursers and are supplied with funds in one of the following :-

(1) By the Railway Accounts Officer authorising them to have drawing accounts at a specified treasury or treasuries and the monthly accounts of receipts and expenditure of the Officer will be submitted to the Railway Accounts Officer

(2) By appointment as imprest holders by the Railway Accounts Officer to whom Imprest Accounts will be rendered.

             When the services of a Special Land Acquisition Officer are utilised by the Railway Department in common with other departments he should be regarded as a Railway Disburser for the purpose of this paragraph.

  926. Special Land Acquisition Officer to be treated as Railway Disbursers are placed in funds if required, by means of "authorities" issued by the Accounts Officer on certain specified treasuries, permitting them to draw moneys from such treasuries. In forwarding such authorities to the Treasury Officer, the Accounts Officer will send the specimen signature of the Officer in whose favour the authorities are issued and at the same time furnish the latter with the requisite number of cheque books. The "authorities" issued by the Accounts Officer will empower the Special Land Acquisition Officers acting as Railway Disbursers to draw cheques at the specified treasuries and authorise the treasury officers concerned to honour such cheque.

927. All moneys required for disbursements should be obtained by cheques drawn against the authorised treasuries. Cheques should not be drawn for amount in excess of those to be disbursed.

928. The Accounts Officer may at his discretion limit the amount upto which the cheques of an officer authorized by him to have a drawing account at a particular treasury should be cashed. As soon as the necessity for a drawing account in favour of a Special Land Acquisition Officer acting as Railway Disburser ceases to exist, the Accounts Officer should arrange to have the drawing account closed by cancelling the "authority" already issued to him. He should also withdraw all the unused and partly used cheque books in the possession of the officer whose drawing account has been closed.

929. Special Land Acquisition Officer authorised to have a drawing account with a treasury, will submit to the Accounts Officer daily a statement of cheques drawn against the treasury and money deposited in it, quoting reference notes etc, to enable the Accounts Officer to check the statements of disbursements and receipts sent by the treasury direct to the Accounts Officer in terms of paragraph 435-A, Part I. A summary of the daily statements mentioned above should also be sent to the Accounts Officer at the end of each month.

930. Procedure for making payments. Special Land Acquisition Officers acting as Railway Disbursers should follow the instructions contained in Chapter XI of Indian Railway Accounts Code, Part I regarding drawal of cheques and making payment through treasuries.

931. The Award. When an award is made under Section 11 of the Act, the officer will have a statement prepared in Form A (see Appendix V), showing the amounts payable to each person under the award and will, on the day the award is made, forward a copy of the statement, signed by himself to the Railway Accounts Officer. Before signing the copy, the officer should carefully satisfy himself that it correctly shows the amounts due under the award and should himself enter the total in words both in the original and copy. A subsidiary statement in Form AA (see Appendix V) giving particulars regarding the acceptance by the persons concerned of the amounts shown as due in the award statement should also be furnished to the Accounts Officer. If the subsidiary statement is not complete on the day the award is made, the necessary entries in column 7 of Statement A, showing the distribution of the award, will be made in the Office of the Accounts Officer on receipt of the statement in Form AA.

932. In cases where an award has been made by a court under Section 26 of the Act, a second award statement should be prepared in Form B (see Appendix V) by the officer as soon as the decision of the court is ascertained, and a copy thereof forwarded to the Railway Accounts Officer. On receipt of this statement the Railway Accounts Officer will proceed to check the entries in column 1 to 4 with the original award by the Land Acquisition Officer.

933. Any change in the appointment of the officer's award made by a Court under Section 30 of the Act, should also similarly be communicated to the Accounts Officer by the Special Land Acquisition Officer for necessary corrections in the award statement. And if under Section 31(3) of the Act, it has been arranged to grant a compensation otherwise than in cash, the nature of such compensation should be clearly specified in the column for remarks in the award statement.

934. Payment of Compensation. In giving notice of the award under Section 12(2) and tendering payment under Section 31(1) to such of the persons interested as were not present personally or by their representatives when the award was made, the officer should require them to appear personally by representatives by a certain date, to receive payment of the compensation awarded to them intimating also that no interest will be allowed to them if they fail to appear. If they do not appear, and do not apply for a reference to the Civil Court under Section 18, the officer should after any further endeavour to secure their attendance that may seem desirable, cause the amounts due to be paid in the Treasury as revenue deposit payable to the persons to whom they are respectively due, and vouched for in Form E (see Appendix V). The officer should also give notice to the payees of such deposits, specifying the Treasury in which the deposits have been made. In the officer's accounts the amounts deposited in the Treasury will at once be charged off as railway expenditure, and when the persons interested under the award ultimately claim payment the amounts will be paid to them in the same manner as ordinary revenue deposits. The officer should, as far as possible, arrange to make the payments due in or near the village to which the payees belong, in order that the number of undisbursed sums to be placed in deposit on account of non-attendance may be reduced to a minimum. Whenever payment is claimed through a representative, whether before or after deposit of the amount awarded, such representative, should show legal authority for receiving the compensation on behalf of his principal.

Note. Amounts of lapsed deposits (cf. Rule 635 of the Treasury Rules, Vol. I) should be passed on to the Railway Department for final credit.

935. Receipt for Direct Payments. In making direct payments to the persons interested under the award, the officer should take the receipt of each person to whom money is paid on a separate voucher in Form C (see Appendix V), containing a reference to the item showing the amount due to that person in the statement prescribed in paragraph 931. In cases where payments are made to a number of persons under a single award, acquittance roll in Form CC (see Appendix V) may be substituted for separate receipts in Form C. The officer should forward the separate receipts of the payees or the acquittance roll as the case may be, to the Accounts Officer when forwarding to him the account of the month in which payment are made.

936. Civil Court Deposits. All payments into court for deposit under the Act should be made by means of cheques in favour of the presiding officer of the court, payable by order of the court to credit of Civil Court Deposits. The cheques should be accompanied by receipts in triplicate, in Form D (see Appendix V), duly filled up, of which one will be retained by the court for record, and the other two returned duly signed to the officer who will keep one copy and forward the other to the Accounts Officer with the accounts of the month in which the payments are made. The amounts deposited in the court will be charged off as railway expenditure in the Accounts of the officer and the ultimate payments to the persons interested under the award will be arranged for by the court under the rules for the payment of Civil Court Deposits.

Note.-- see note under para 934.

937. When a court has awarded any compensation in excess of the officer's award, the further payment due, as entered in column 6 of the award statement in Form B should be made into the court by means of a cheque, and the procedure described in the preceding paragraph should be followed, Form D being used with the necessary changes to give full particulars of the order of the court.

938. Payments by Cheques. A special Land Acquisition Officer may make all or any of his payments by cheques, provided no inconvenience is caused thereby to the payees in consequence of the property being situated at a distance from the treasury.

939. Payments after the Special Officer is relieved of his Duties.-- In any case in which a reference is made to the Civil Court, and the award of the Court is not made till after the Special Officer has been relieved of his special duties, the further payment due under the award should be made by the Collector who will observe the same procedure (as if the reference to the Civil Court had been made by himself as prescribed in paragraph 936 and 937 above).

 

Procedure for Collector or other Civil Officer not specially employed

for Land Acquisition.

940. The Award.--When the land is taken up by the Collector or other Civil Officer not specially employed for the work such Collector or Civil Officer is not a Railway Department Disburser, but ordinarily draws money for payment due under his award from the Civil Treasury from provincial funds and thereafter debited to Railway through book transfer. But if a State Government so desires or if any legal difficulty exists in any State, the Railway Administrations can arrange to deposit in advance an amount determined on the advice of the State Government, subject to suitable adjustment after the award is announced. The Railway Administration should ensure that the amounts deposited by them in advance with the State Governments are only to the extent necessary for immediate payments. For this purpose they should enter into suitable arrangements with the State Governments concerned to ascertain from them the requirements of funds every month in advance.

941. The Collector or Civil Officer will as soon as he makes the award or as soon as he ascertains that an award has been made by the Civil Court, prepare a statement in Form A or B or in both, as the case may be, showing the amounts due and forward a copy thereof to the Accounts Officer concerned in the manner prescribed in paragraphs 931 and 932. Additions and alterations in the award statement should be communicated to the Accounts Officer as prescribed in paragraph 933 and a subsidiary statement in Form A should, if necessary, be furnished as laid down in paragraph 931. The procedure laid down in paragraph 934 should also be observed by Collector or Civil Officer.

942. Payment of Compensation.-In making the payments due under the award, the Collector will take from each person to whom payment is made a receipt in Form C, containing a reference to the payee. In the case of payment to a number of persons under a single award, an acquittance roll may be substituted for separate receipts as laid down in paragraph 935. These receipts will be the Treasury Officer's vouchers for the payments, and will be forwarded by him with accounts of the month to the Accountant General. For payments into Civil Courts the procedure laid down in paragraphs 936 and 937 should be observed.

943. The Treasury Officer has no concern with the award or with the award statement; he makes the payments on the authority of the Collector, or other officer assessing compensation. The Collector may either draw the amount to be disbursed to each payee separately, in which case he should countersign the receipt in Form C, and make it payable at the treasury to the payee altering the words "paid in my presence in cash/by cheque" to "pay", or he may draw the total amount to be disbursed by him under the award on his own receipt as an advance and after making the payments forward the receipts of the payees to the Treasury Officer in adjustment of the advance. In the former case, an advice list of the forms passed for payment should be sent to the Treasury Officer, who in turn should send weekly in advice of the orders paid.

944. Procedure when no Money Compensation is Paid.-In cases in which compensation is granted in the shape of either land in exchange or remission of revenue as provided in Section 31(3) of the Act, and the land is acquired for Government purposes, no adjustment of the value of the land given in exchange will be required, unless it is separately purchased by Government. If, however, the land is acquired for a body financially independent of Government, as in the case of acquisition of land for the construction of a private siding, the value of the Government land given in Exchange and the capitalized value of the abatement of land revenue should be charged against the funds deposited by such body.

945. Accounts.-The Land Acquisition Officer will submit a brief monthly abstract of receipts and disbursements showing the total cash received and expenditure on each work in progress together with vouchers for all payments irrespective of amount. The account will be sent direct to the Accounts Officer. The monthly accounts of Civil Officer on receipt in Accounts Office will be checked in accordance with the rules laid down in paragraph 947 to 949.

946. Receipts creditable to the railway realized by Civil Officers acquiring land should not be expended but paid into the treasury to the credit of the railway; the receipt and payments being recorded in the monthly abstract of receipts and payments. The amount involved will be taken to account by the Accounts Officer in deposing of the Civil Officer's accounts.

947. Internal Check of land Charges.--Whether the payment is made by a special officer or by the Collector (or other Civil Officer) the internal check by the Accounts Officers will consist in seeing that every payment is supported by a receipt in Form C, CC, D or E and that the amount paid on such receipt is the amount payable under the award, as shown in the statement of which he will have received copies, vide paragraph 931. The Accounts Officer will also note in the last column of Form A the date on which possession is taken as reported to him by the Executive Engineer.

948. The Accounts Officer will, as he receives the vouchers fill in the entries in the appropriate columns of the award statements (Forms A & B); and as he receives the report of possession, filling the entries in column 10 of the statement in Form A. When all the vouchers showing either payment to the payee or payment into the court on deposit and reports of possession have been received, he will forward the completed statements in Forms A. AA and B to the Chief Revenue Authority of the State for record.

949. A register of charges for land taken by Civil Officers, whether acting as railway disburser or not will be maintained by the Accounts Officer in Form E-949, shown below, in which the particulars of acquisition of land will be posted from the gazette notifications as they issue. On receipt of a copy of the award prescribed in paragraph 931, the Accounts Officer will post the amount and date into the register against the name of the work concerned; and upon transmission of the completed award statement to the Chief Revenue Authority, he will note the amount passed and the date in this register.

Form No. 949

................ RAILWAY

Division ……………………..                          Section ………………………….

S. No.

Kilometrage

Station or Kilometrage

Description

Area in acres

Cost of land

Acquired

Relinquished

 

1

2

3

4

5

6

7

 

 

 

 

 

 

 

 

 

Correspondence

Reference to Revenue Department Correspondence

Office case No.

Plan No.

Date of transaction

Amount

Remarks

8

9

10

11

12

13

14

 

 

 

 

 

 

 

 

Acquisition of Government Land in charge of the Military Authorities 

 950.     Rules relating to the Acquisition of Land.—No land, whether within Cantonment limits, forming part of an encamping ground, or otherwise held for military purposes, should be entered upon or occupied for any purpose whatever, either by contractors or any other persons (official or non-official acting under the orders of any Civil Department of the State, until the sanction of the Central Government in the Ministry of Defence to the occupation or use of the land has first been obtained, and communicated to the General Officer Commanding the Division or independent Brigade.  In all such cases, the sanction of the Central Government will be obtained by the General Officers Commanding Divisions or independent Brigades through the Quarter Master General in India.  These orders do not affect the power exercised by the General Officer Commanding the Division or independent Brigade, to sanction the grant of ordinary building sites in cantonments. 

951.      Application for such land when within Cantonment limits should be made by the officer in charge of the works, to the Cantonment Authority but in the case of a Military encamping ground or other State land in military occupation application should be made to the General Officer Commanding the Division or independent Brigade.  The Military Authorities will then take the necessary steps to obtain (i) the competent sanction to enter into negotiations for the proposed transfer of land; when this is sanctioned (ii) the opinion of the State Government, which should invariably be recorded upon all applications and (iii) the sanction of the Central Government to the occupation of the required land. In all cases where the sanction of the Railway Board to the acquisition  of such land by a Railway Administration is necessary, the application for such sanction should be made only after the sanction of the Central Government in the Ministry of Defence has been obtained.

952. The application referred to above should be accompanied by the usual land plans and schedules required by the rules relating to the acquisition of land for railways. The plans should be full and complete and should show all existing roads and buildings, and also rifle ranges if interfered with in any way, and if any buildings are known to be used for public purposes, or by special departments, their purpose and ownership should be stated.

953. On receipt by the local Military Authorities of the sanction referred to in paragraph 950 above, they will at once transfer the land. In all cases, however, where the land is being transferred without the retention of rights over such land the transfer should be effected, through the Revenue Authorities, who will also, when necessary, assess the value of such land, and the value according to such assessment should be debited and credited to the proper Railway and Civil Accounts head respectively. No notification in the local Gazette is necessary.

             Proviso-The above rule does not apply to adjustment of boundaries by mutual consent which may be effected without the intervention of the Civil Authorities, but covers the exchange of separate plots of land.

954. In the case of privately owned land in cantonments the provisions the Land Acquisitions Act should be applied, but it will be necessary in the first place for the officer applying to obtain the sanction of the Central Government in the Ministry of Defence to the occupation of the land as prescribed in paragraph 950 above.

955. The procedure laid down in Chapter XXI of the Cantonment Code, 1912 for application for permission to occupy, for the purposes of a building site, land belonging to the Government in a Cantonment, applies to private Railway Companies and individuals only, and not to Government owned Railways.

956. Rules Relating to Restrictions on the use of Land.-The following rules govern the construction of buildings, & c., on land in the charge of Military Authorities or of Civil Departments, lying within the authorized zones of works of defence :-

(i) Clearance zones will be prescribed and clearly demarcated in the vicinity of all the works of defence which are enumerated in paragraph 336 of Army Regulations, India Volume II and such other fortifications or places as the Central Government may decide.

(ii) In such zones all land will be dealt with in accordance with the Indian Works of Defence Act.

(iii) When a clearance zone has been notified, except in so far as the notification may authorize modifications, no infringement of the restrictions imposed under the Act should be permitted by any official or private person without the previous sanction of the Officer Commanding or General Officer Commanding within their powers of exemption as specified in the Act,. or by the Central Government.

(iv) Without the previous sanction of the Central Government, no State land within the prescribed clearance zones should be transferred to, sold to, exchanged with or permanently occupied by, any private person or Municipality or Corporation, not immediately subject to the executive orders of the Central Government.

957. When a zone has been prescribed, and contains land in occupation by a railway the Officer Commanding shall inform the Railway Authorities in whose charge the land may be, of the area of the land thus affected and of the restrictions which will be applied. Any modification of the original restrictions will be similarly communicated.

              Proviso-Rules in paragraph 955 and 956 do not apply to the defences of Fort William, Calcutta, and Fort St. George, Madras, concerning which special regulations exist.

958. In the case of private land notified under section 3 of the Indian Works of Defence Act VII of 1903, that is land which is to be kept clear of buildings and other obstructions, the procedure in regard to the construction of works, & c., thereon is that laid down in section 7 of the Act, extracts of which are reproduced below :-

 

Extracts from the Indian Works of Defence Act, VII of 1903. as amended by Act V of 1909

Section 3(1) Whenever it appears to the provincial government that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any work of defence or of any site intended to be used or to be acquired for any such work, in order that such land may be kept free from buildings and other obstructions a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorized to certify its orders.

(2) The said declaration shall be published in the local official Gazette and shall state the district or other territorial division in which land is situated and the place where sketch plan of the land which shall be prepared on a scale not smaller than six inches to the mile and shall distinguish the boundaries referred to in Section 7, may be inspected; and the Collector shall cause public notice of the substance of the said declaration to be given at convenient places in the locality.

(3) The said declaration shall be conclusive proof that it is necessary to keep the land free from buildings and other obstructions.

Section 7. From and after the publication of the notice mentioned in Section 3, Sub-section (2) such of the following restrictions as the State Government may, in its discretion declare therein shall attach with reference of such land namely :-

(a) Within an outer boundary which, except so far as is otherwise provided in Section 39. Sub- section 4, may extend to a distance of two thousand yards from the crest of the outer parapet of the work :-

(i) No variation shall be made in the ground level, and no building, wall bank or other construction above the ground shall be maintained, erected, added to or altered other wise than with the written approval of the General Officer Commanding the Division, and on such conditions as he may prescribe;

(ii) No wood, earth, stone, brick, gravel, sand or other material shall be stacked, stored, or otherwise accumulated;

Provided that, with the written approval of the General Officer, Commanding the Division, District or Brigade and on such conditions as he may prescribe, road ballast, manure and agricultural produce may be exempted from the prohibition; provided, also, that any person having control of the land as owner, lessee, or occupier shall be bound forthwith to remove such road ballast, manure or agriculture produce, without compensation, on the requisition of the Commanding Officer.

(iii) No surveying operation shall be conducted otherwise than by or under the personal supervision of public servant duly authorized in this behalf, in the case of land under the control of the Military Authority, by the Commanding officer and in other cases by the Collector with the concurrence of the Commanding Officer; and

(iv) Where any building, wall, bank or other construction above the ground has been permit ted under clause (I) of this sub-section to be maintained, erected, added to or altered, repairs shall not, without the written approved of the General Officer Commanding the Division be made with materials different in kind from those employed in the original building, wall, bank or other construction.

(b) Within a second boundary which may extend to a distance of one thousand yards from the crest of the outer parapet of the work, the restrictions enumerated in clause (a) shall apply with the following additional limitations, namely :----

(1) No building, wall, bank or other construction of permanent materials above the ground shall be maintained or erected;

Provided that, with the written approval of the General Officer Commanding the Division and on such conditions as he may prescribe huts, fences and other constructions of wood or other materials easily destroyed or removed, may be maintained, erected, added to or altered;

Provided, also, that any person having control of the land as owner lessee or occupier shall be bound forth with to destroy or remove such huts, fences or other constructions, without compensation upon an order in writting signed by the General Officer Commanding the Division, District or Brigade; and

(2) Live hedges, rows or clumps of trees or orchards shall not be maintained, planted, added to or altered otherwise than with the written approval of the General Officer Commanding the Division and on such conditions as he may prescribe.

(c) Within a third boundary which may extend to a distance of five hundred yards from the crest of the outer parapet of the work, the restrictions enumerated in clauses (a) and (b) shall apply with the following additional limitation, namely -- 

No building or other construction on the surface, and no excavation, building or other construction below the surface, shall be maintained or erected;

Provided that, with the written approval of the Commanding Officer and on such conditions as he may prescribe, open railings and dry brushwood fences may be exempted from this prohibition.

Miscellaneous

959. Land for Assisted Sidings.-The land required for an assisted siding outside the railway boundaries will be acquired under the Land Acquisition Act by the Railway Administration which undertakes the construction of the siding at the cost of the applicants. An estimate of the cost of the land which will be prepared by the Railway Administration will be sent to the applicants who should deposit the amount before any steps are taken for the acquisition of the land. The applicants should also agree to pay on demand such excess cost, if any, as may be incurred in the acquisition of the land. Land so acquired will vest absolutely in the Union of India and the applicants for the siding will have no right or claim thereto.

960. Legal Proceedings.-When a point of law is at issue in connection with any land acquisition proceedings, the state government or administration should be consulted before legal proceedings are entered upon.  

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