CHAPTER VIII

A. ACQUISITION, MANAGEMENT & DISPOSAL OF LAND

801 General

a) The law regarding acquisition of land is embodied in the Land Acquisition Act of 1894 (as amended by the Land Acquisition Amendment Act No.68 of 1984). The important sections of this Act are reproduced as Appendix II in the Indian Rlys. Code for the Engg. Deptt.(1993 Edition).

b) The rules and procedures for acquisition, custody and management of Railway land and disposal of surplus land are contained in the following chapters of the Indian Rlys. Code for the Engg. Deptt.(1993 Edition):-

Chapter VIII - Rules for the Acquisition of Land

Chapter IX - Procedure for the Acquisition of Land

Chapter X - The Custody, Management and Disposal of Land

c) Acquisition or relinquishment of land proceedings are subject to such special rules and regulations as are issued by the State Governments or Local Bodies from time to time.

802 Ownership of Railway Land

a) The ownership of ail land held by the Railway vests in the Central Government, the interests of the Railway being confined to the rights of occupation as user. Hence it is the duty of every Railway Administration to preserve unimpaired, the title to all land in its occupation and to keep it free from encroachment. With a view to avoid any litigation, accurate and certified land plans of all railway land should be maintained and boundaries adequately demarcated and verified therewith at regular intervals.

b) Special care should be taken to see that remains of archaeological and Historical interest are not touched. Interference with religious edifices, buriai grounds and other places or objects which may be considered as sacred should be avoided.

c) The rights for quarrying and mining in railway land shall be governed by the provisions contained in paras 814 & 856 of the Indian Rlys. Code for the Engg. Deptt.(1993 Edition).

803 Acquisition of Land

     The State Governments frame rules in respect of their States consistent with the Act. The procedure of land acquisition may differ from State to State. The actual practice in vogue in the State may be verified before processing the papers for land acquisition.

    Some of the important aspects/ principles to be observed while acquiring land are,

a) While acquiring land for major projects, alignment should be fixed in such a way that minimum extent of agricultural land is involved.

b) In case of urgency, the application should be made to the Collector under Section 17 of the Act. As per this Section the land can be occupied on expiry of 15 days after publication of notice under Section 9(i) of the act.

c) When land is acquired on the bank of a river with the intention of obtaining the rights to the foreshore, it should be made clear, subject to the concurrence of the State Government that the boundary on the river side as indicated in the acquisition plan is the low water line for the time being and that, should the river at any time recede from the bank, accretion to the foreshore shall form part of the land acquired and no additional payment or compensation for such accretion shall be made.

     Cases in which difficulties arise in consequence of a sudden change in the course of a river as distinguished from a gradual process of erosion and accretion, should be dealt with on their merits.

d) In the case of any slip or other accident happening or being apprehended to any cutting, embankment or other works, section 14 of the Indian Railways Act 1989 empowers Railway to enter upon any lands adjoining the Railway for the purpose of repairing or preventing the accident and to do all such works as may be necessary for the purpose. Adjoining land should be entered upon only in cases of absolute necessity and to the minimum extent required.

In such cases, a report must be made to the Central Government (Railway Board) within 72 hours of such entry, specifying the reasons which necessitated entry on the land without having obtained previous permission. As the Collector of the District will be called upon under section 15 of the same Act. to assess damage and compensation, he should be advised of the entry within 24 hours.

e) It will be in the interest of the Administration if the Assistant Engineer or Section Engineer (Works) concerned is deputed to attend award inquiries and also settlement operations in Civil Districts with a view to have proper records of settlement pertaining to the Railway land.

f) In special cases, if the State Government so desires, the Railway should deposit in advance an amount determined on the advice of the State Government for the expeditious payment of compensation to the land owners. This amount should be kept as low as possible and should not normally exceed the amount that can be disbursed by the State Government within the financial year in which the deposit is made.

g) As the financial justification for  a project and its location in a particular place, takes also into consideration the value of the land to be acquired for the project, it is essential to obtain a realistic estimate of the cost of the land from the land revenue authorities at the time of preparation of the estimate.

h) For acquisition of forest land, the procedure laid down in pares 857 and 858 of the Indian Railways Code for the Engg. Deptt. (1993 Edition) should be followed.

a) While acquiring land for quarrying purposes, it should be ensured that the State Government does not insert such declaration as could deny quarrying rights to the Railway.

804 Relinquishment of Railway Land

a) When it has been decided that a certain area of land is no longer required for Railway purposes and is eligible for relinquishment, action should be taken as detailed in Para 1035 to 1044 of Indian Railways Code for the Engg. Deptt. (1993 Edition).

b) When Railway land is relinquished, possession of the land should not be given until the price for the land has been paid. Possession should be handed over jointly by the representatives of the Railway and the State Government to the purchaser.

c) When State Governments, in arranging disposal of surplus Railway land, decide to sell it by public auction, a minimum upset or reserve-price should be fixed along with such other terms, as will be beneficial to the Railway Administration with their consultation. The auction should take place in the presence of a responsible railway representative. All papers and plans prepared by the Civil authorities before the auction should be carefully scrutinised to ensure that the description of the land being sold is correct and that no easements are allowed over adjoining land remaining in the possession of the Railway. 

d) The amount payable by the Central Government or the State Government for lands relinquished by the Railway will in all cases be their market value at the time of transfer and not the original value paid on their acquisition by the Railway.

e) Vide Para 1042 of the Indian Rlys. Code for Engg. Deptt (1993 Edition) in cases where Railway land is transferred to a State Government and where the capitalised value of the land revenue had been paid to the Local Government on acquisition, the amount payable by the State Government for the land should include the refund of the capitalised value. In the case of land disposed of to private parties, the refund of the capitalised value of land revenue by the State Government will not however be necessary.

f) In all other cases, land will be disposed of at the highest offer which is also reasonable.

g) In respect of relinquishment of railway land in favour of the State Government or outsiders for the approaches of ROBs/RUBs, specific approval of the Railway Board should be obtained irrespective of the value of land involved.

h) Railways should include contingency charges @ 3% in all the relinquishment estimates to cover incidental charges incurred during the process.

i) Powers of sanction - In all cases of disposals, conditions of restriction of uses agreed upon by both the parties may be embodied in the transfer of sale deeds. When the estimated value exceeds Rs.5 lacs, a prior reference should be made to the Railway Board.

805 Outstanding Cases of Acquisition and Relinquishment of Land

     Half yearly lists of outstanding cases of acquisition and relinquishment of land should be prepared by the Divisional Engineer, district wise and state wise. These should be sent to concerned collectors for necessary action with copies sent to the Chief Engineer for information and record.

B. LAND RECORDS, DEMARCATION AND VERIFICATION OF RAILWAY BOUNDARIES

806 Land Records in C.E.'s Office

a) Vide Para 850 of the Indian Railways Code for the Engg. Deptt. (1993 Edition) a complete series of land plans for the entire Railway should be maintained in the Chief Engineer's office. The original tracings that are duly certified by the State Governments should be kept as permanent records in the C.E.'s office. Sufficient copies of certified plans should be made out and supplied to the Divisional Engineers for reference, a copy being kept in the cover of each relevant file.

     No notings should be made on certified plans and declarations nor on important letters from the State Governments in connection with acquisition or relinquishment of land as these may, at times, be required in a Court of Law to prove the Railway's title.

b) Land Records Registers should be maintained in the Chief Engineer's office as per the following proforma (Table 8.1.) in which all details of transactions, both acquisition and relinquishment should be noted.

                                                   LAND RECORDS REGISTER                                                     Table 8.1

Division..........................................Railway................................................Section..................................................

 

Engg. Divn. Land Plan Stn. or  Kilometrage Description   Area  (in hectares)
(1) (2) (3) (4) (5)
 

.

 

. . . .
.
Cost of land Reference to correspondence Govt. Resolutions & date of sanctioning the transfer of land Remarks
(6) (7) (8) (9)
 

.

 

. . .


c) During consolidation and settlement operations that take place after certain intervals, re-survey of all the villages is carried out by concerned Revenue authorities. During these operations, the shape of the Railway land plans and the total land area available with the Railways may get obliterated in Revenue records. It would, therefore, be necessary that whenever such operations take place, the concerned Section Engineers (Works / P.Way) keep a track of such operations to ensure that Railway's land is kept intact in Revenue records. In fulfilling this responsibility, the Divisions may take suitable assistance from the Land Cell of the Chief Engineer's office.

d) Micro-filming - All certified land plans shall be transferred as micro-films, requisite sets of which can be kept in safe custody both in Headquarters Office and also in the Divisional Offices. These micro-films should not replace original tracings but will help in taking prints of land plans in case original tracings are lost/mutilated.

807 Land Records in Divisional/ Executive Engineer's Office

a) Divisional/Executive Engineer's shall be responsible to ensure that records of title are carefully preserved and kept upto date by noting all changes on the copies of authorised land plans in their possession. All land plans should show complete dimensions preferably with boundary stones and their numbers.

b) Land Records Registers as per Para 806(b) should be maintained in the Divisional/ Executive Engineer's office.

Entries in the Land Register should be duly initialled by the Divisional/ Executive Engineer's, as and when any transaction takes place.

c) After land acquisition proceedings are completed, the original papers viz. the notifications, awards, certificates of handing over and taking over of land and final land plan and schedule signed by the Collector should be separately bound together and carefully preserved. These documents should be kept in the custody of the head or Chief Draftsman of the Drawing office and these records should be properly handed over whenever there is a change in the incumbent of the post.

d) The last stage in the process of land acquisition is the mutation entry in the Revenue records. It is, therefore, necessary that such mutation entries are completed as early as possible in a sustained follow-through of the land acquisition process. Unless and until the mutation of the land, which has been acquired, has been done, a quarterly report thereon should continue to be sent to the Chief Engineer's office. This point should also be checked by the Open line Engineers while taking over complete stretches of new construction, involving land acquisition, from the Construction Branch.

e) Final land plans, after mutation entries are carried out, should be sent to the Chief Engineer's office for safe custody and record.

f) In case of Construction Projects involving land acquisition, it will be the responsibility of the Construction Engineers to hand over the land acquired, free of all encroachments and along with all records specified in Para (b) and (c), to the Open Line Engineers.

808 Demarcation of Land Boundaries

a) For proper demarcation of land boundaries Para 1047 of the Indian Rlys. Code for the Engg. Deptt. (1993 Edition) provides as under:

i) All land permanently occupied for the purposes of Railway, shall have its boundaries defined on the ground in such a manner as to enable such boundaries to be readily ascertained and identified.

ii) For this purpose, the boundary of the railway land may be defined by a continuous wall, fence or ditch or by detached marks, posts or pillars.

iii) Where the boundary mark is continuous, the boundary of the Railway land is to be on the outer edge of the wall, fence or ditch, that is to say, the wall, fence or ditch will be situated wholly on Railway land.

iv) Where detached marks, such as isolated posts or pillars are used the boundary of the Railway land will pass along the outside of such posts and pillars. Between marks, the boundary shall in each case be taken in a straight line from the outside of one mark to the outside of the next mark.

v) Detached marks should, in no case be at a greater distance apart (centre to centre) than one-fifth of a kilometer (200 meters). They should be of a substantial character, not easily destroyed or moved by accident or mischief, and of such size and form as can be readily found and recognised.

vi) Each detached boundary mark should bear a number. The position and number of each detached boundary mark should be shown on the land plan.

vii) Where a fence, wall or ditch is situated at some distance within the boundary and does not mark the actual limit of the railway land, it will be necessary (in addition to such fence, wall or ditch) to have the actual boundary of the Railway land properly marked and defined in accordance with these rules.

809 Boundary Stones

a) The boundary stones may be of suitable size and section, projecting about 500 mm above ground and inscribed with appropriate letters e.g. NR for Northern Railway and the number in black below, the stones being colour washed white, red or yellow to suit local conditions. The stones should be fixed squarely, the outside face representing the boundary with the letters and number facing the railway line. On the telegraph post side preferably, the boundary stone may be serially numbered 1,3,5 and so on in ascending order of kilometrage, those on the opposite side being numbered 2,4,6 and so on, the number starting from a kilometre post and ending at the next kilometre post where the numbers should begin afresh. The stones should be kept clear from jungle growth or shrubs for at least 1 metre all round within the Railway limits.

b) Boundary stones should be fixed at every point of change of alignment. In hilly country and for sharp curves, each stone should be so placed that it can be observed from the adjoining stone on either side.

810 Boundary Pillars On Banks Of Rivers - High boundary pillars on each bank of rivers or important waterways crossed by Railway bridges should be erected so as to prevent and control encroachments. Land within this boundary should never be surrendered.

811 (i) Construction of boundary wall in areas having habitation

(a) In areas having habitation bordering railway land and also where habitation is likely in near future, boundary walls should be provided, so that potential encroachments are prevented and outsiders do not develop any right of entry on railway land. Boundary walls are an operational necessity in such situations, so as to prevent trespassing, cattle being run over by trains, use of railway tracks for easing etc. and theft of P. Way fittings and other railway materials. It is also necessary for boundary walls to be extended right from the Station outwards along the tracks of Vulnerable locations within towns so that outsiders do not find an easy access to the Stations (Letter No. 80/W2/14/0/APT dt. 2.9.93)

(b) In other areas instructions as per Para 3715 of Way and Works Manual should be strictly followed.

811 (ii) Fencing as a rule, should be provided at the following locations:-

a) For specified lengths on either side of level crossings, so as to prevent trespassing when the gates are closed;

b) Around busy station yards for 30m width on either side;

c) In municipal limits and notified-area limits and in proximity to villages or such localities where huts or houses are close to railway line.

d) For protection of railway land from encroachments.

Pucca boundary walls may be constructed in urban areas to prevent encroachment.

811 (iii) Others preventive steps as:-

(a) Identification of vulnerable areas.

(b) Plantation of Juli Glora of similarly effective bushes in the area.

(c) Ensuring proper maintenance of boundary pillar.

(d) Preventive unauthorised entry of road vehicles into railway land threatening side collision with trains, through Plantation/fencing should be done.

(e) Construction of structures and unauthorised hutments obstructing the visibility to road users at the manned level crossings should not be permitted.

(f) Interaction with local authorities' for assistance in preventing encroachments in these areas.

(g) Joints visits of the vulnerable locations by representatives of concerned departments along with civil authorities (wherever required) with a view to create adequate impression in the locality that Railways are serious in preventing encroachments in the areas.

812 Land Plans.

(a) Up to date land plans should be available in the Divisional Offices ad copies should be made available to the Field Inspectors whenever required in connection with any work. Non-availability of land plans should not be a ground for wrong demarcations of land boundaries work dealing with outsiders.

(b) Certified land plans should be transferred on microfilms, requisite sets of which can be kept in safe custody in the Headquarters's office and also in the Divisional Offices. These films, however, cannot replace or reduce the need of original tracing signed by the Railway Administration and Civil Authorities.

(c) Copies of certified land plans pertaining to their jurisdictions showing complete dimensions, should be in the possession of the Assistant Engineers, Section Engineer (Works /P.Way)

Every Section Engineer ( Works / P.Way) will maintain a land record as per Para 806(b). From time to time all entries in the Register be. made up-to-date. During important inspections of higher officers from the Headquarters and Railway Board, the register will be kept by the AEN with him. Land Records Register should be checked annually by AEN/DEN/Sr.DEN and observations recorded on them should be followed by Section Engineer (Works/P.Way)

813 Verification of Land Boundaries

a) Vide Para 1048 of the Indian Railway Code for the Engg. Deptt. (1993 Edition) every Zonal. Railway Administration is responsible for the demarcation and periodical verification of the boundaries and maintenance of proper records in connection with land in the possession of that Railway.

b) The Section Engineer (Works/P.Way) is responsible for maintaining railway land without any encroachments or development of easement rights. He should endeavour to prevent and remove encroachments, as and when they arise and where removal of encroachment is possible without referring to PPE act. In case where he is not able to remove them, he should report the cases to the Assistant Engineer, who will on receipt of such reports take immediate measures to remove the encroachments. Particular care is required to prevent encroachment on railway land situated above tunnels and below bridges especially Road over/Under bridges.

c) The Section Engineer (Works/P.Way) shall inspect and maintain the Railway land boundaries between stations and at unimportant stations. The Section Engineer (Works) shall inspect and maintain the land boundaries at important stations and staff colonies.

(d) Maintenance of land boundaries verification Register-

     Railways should maintain printed registers on the lines of Bridge Registers as at Annexure 8.1 (a) & (b) in the attached format showing "Details of Encroachments" and "Details of the Missing Boundary Stones" and action taken thereon. The entries in the register should be certified by the Section Engineer/(Works/P.Way) of the respective sections and verified/inspected by the Asstt. Engineer./DEN/Sr.DEN or other higher officers from time to time. The registers should have adequate pages so that record of inspection and verification of land boundaries for a period of 15 years can be accommodated in the register. Separate registers should be maintained for each Section Engineer (Works/P.Way)'s jurisdiction.

A certificate on the following proforma should be given by the Section Engineer once a year which is to be verified and counter- signed by AEN with regard to correct demarcation of land boundaries.

Certificate for Land Boundaries verification is given below:

                                        LAND BOUNDARIES VERIFICATION CERTIFICATE

Year--------------------------- Section---------------------------Kms.--------------------- to------
PWI/IOW------------------------ Sub Division------------------------------ Division----------

I,---------------------------------------PWI/IOW certify that I have inspected the railway land fencings
and boundary stones on my section during the year ending-------------------------------and that they
are in accordance with certified the/land plans. There have been no encroachments except at the following kilometerages that have been reported upon vide reference given against each.

                                         DETAILS OF ENCROACHMENTS.

Date of Inspection Location Description of encroachments Action taken Reference Initials of Inspection officers Remarks
1 2 3 4 5 6 7
. . . . . . .


I further certify that wire fencing and/or boundary stones are available at all locations except at the Kilometerages shown below for which action to replace the same is indicated against each location.

                                         DETAILS OF MISSING BOUNDARY STONES

Date of Inspection Location Description of encroachments Action taken Initials of Inspection officers Remarks
1 2 3 4 5 6
. . . . . .

1.      I certify that railway boundaries are demarcated correctly and that there are no encroachments, except those listed above.

2.      Certified that land plans pertaining to the above mentioned PWI/IOW----------------------------are available with him except the following.

Asstt. Engineer/

DE.'/Sr.DEN/


Chief Engineer/General



e) During his inspections, the Assistant Engineer should ensure that Railway boundaries are demarcated correctly and that there are no encroachments. In cases where he cannot prevail on the parties to remove the encroachments, he must report the facts with particulars to the Divisional Engineer who will take up the matter with local authorities.

814 Removal of Encroachments - a) New encroachments shall be got removed promptly under provisions of section 147 of Railway Act 1989. For old encroachments where party is not amenable to persuasion for removal of such encroachments, action should be taken under the provisions of Public Premises (Eviction of Unauthorised Occupants) Act 1971. Encroachment of railway land by railway staff also constitutes grave misconduct on their part and is 'good and sufficient reason' for imposition of major penalty after following the procedure laid down in the Discipline and Appeal Rules.

b) When an encroachment is in the process of building up, it should be removed then and there.

c) Where the encroachments are of a temporary nature in the shape of jhuggies, jhopries and squatters and where it may be difficult to take action under PPE Act the same may be got removed in consultation and with the assistance of local civil authorities.

d) Every year, at the close of financial year, detailed survey of encroachments must be made under the following categories :-

i) CATEGORY-A Encroachments by outsiders removal of which requires action under Public Premises Eviction (PPE) Act.

ii) CATEGORY- B) Encroachments by outsiders which do not require action under PPE Act (e.g. temporary occupation of land by hawkers, using Railway land for cattle, cow dung, refuse etc.)

iii) CATEGORY- C) Encroachment by Railway staff in the form of temporary huts etc.

iv) CATEGORY-D) Encroachment by Railway staff who have been allotted railway accommodation, by way of additions to the structures, unauthorised use of land for cultivation etc.

Note: Category "A" encroachment is of the hard type and Category "B", "C" & "D" encroachments are of the soft types.

e) The Section Engineer (Works) should maintain details of encroachments in a register showing their incidence and removal with necessary details as given in Annexure 8.2 (Encroachment Inspection Register).

     One page of this register shall be allotted to each encroachment. A scale plan of the encroachment shall be provided on the facing side.
     Once a case is opened the entries should not be discontinued unless and until the encroachment is removed. A note to that effect should be made in the register. The frequency of inspection of encroachment shall be at least once in 3 months.

     Section Engineer (Works) shall give a certificate in the following proforma, once in three months, which shall be verified and countersigned by the AEN.

"I..............................................Section Engineer (Works) certify that I have inspected the Railway land in my section during the quarter ending ..................and there have been no encroachments except at the locations shown in this register, that have been reported upon vide references given against each."


                                                                        sd/- 

                                             Section Engineer (Works)

 

AEN should submit every month the summary of the status of removal of encroachments to the Divisional Engineer.

Monthly progress regarding additions and removal of encroachments, filing eviction cases and their progress in court of Estate Officer, in Civil Courts etc. should be submitted by Divisions to Head Quarter.

Encroachment plans to scale shall be made for every encroachment. These encroachment plans along with details of encroachment as per Annexure 8.2 should be checked and signed by Section Engineer (Works)/AEN. Records of such encroachment plans should be kept in the Divisional office and these encroachment plans should be handed over and taken over by Section Engineer (Works)/AENs at the time of change of charge.

A copy of encroachment plan should be available with Section Engineer (Works) / AEN/DEN/Sr.DEN. Any encroachment added or removed should be reflected in the encroachment plan.

A copy of encroachment plan should be handed over by the AEN to SMs/RPF inspectors (where Section Engineer (Works) is not headquartered).

814 (f) Steps to control the unauthorised use of Railway land.

    Following further steps should be adopted to control the unauthorised use of railway land:-

(a) For any addition/alteration of a pucca structure, written sanction of the Divisional Engineer should be necessary. Any structure in which cement is used may be classified as pucca structure.

(b) For alteration /addition of any temporary structure, written sanction of AEN should be necessary.

(c) Plans for commercial plots at various stations should be approved jointly by Divl. Engineering and Commercial Officers and at site demarcation of the plots should be done with rail posts by Engineering Deptt. Whenever any commercial plot is licensed the Commercial Department should give a copy of the allotment letter to the Engineering Deptt. so that Section Engineer (Works) can ensure against any unauthorised use. The station Master should also have a copy of the approved plan of commercial plots at the situation. Station staff, including Commercial staff posted in Goods Sheds should firstly ensure that commercial plots are not misused and secondly, in case of any misuse and/or encroachment should immediately report it to the Engineering Deptt. for eviction and other action that may be necessary. This will also apply to the cases of any licensing for shops, tehbazari etc. in the circulating area and goods shed premises.

(d) To prevent imminent encroachments on vacant railway land, planting of suitable trees/ shurbs including quick growing thorny trees like Prosopis Juliflora (Vilayati Babul) should be adopted.

(e) Eviction process shall include interactions:-

(i) Identification of the existing encroachments.

(ii) Ensuring that all the cases under the PPE Act have been filed.

(iii) Estate Officers should expedite  finalisation of the cases pending with them.

(iv) Action for possession in accordance with the extant orders where eviction orders are received.

(v) Mobilisation of help of Civil Authorities by formal/informal requests at different levels till the required assistance is forthcoming.

(vi) Cases directed to the courts to be pursued for early finalisation with the help of the Railway Advocates.

815 Division of Responsibility

The following division of responsibility between the station staff and the engineering staff should be observed in regard to encroachments within the station areas :

a) At stations, the Station Master will be primarily responsible for preventing encroachments and for driving out trespassers by obtaining help from RPF/ Police and Section Engineer (Works) as necessary.

b) In the goods shed, the Chief Goods Clerk wherever available and the Station Master at other places will be responsible for preventing encroachments and for driving out trespassers with the help of RPF/Police and Section Engineer (Works) as necessary.

c) The responsibility for preventing encroachments and for driving out trespassers in circulating areas of the stations and goods sheds, will rest with the 'Station Manager/Station Master/SS/ CGC for their respective areas. They can take the assistance from Engineering and RPF staff, as may be found necessary.

d) Whenever an encroachment incipient or otherwise is noticed which requires action under PPE Act, the Station Master/Chief Goods Clerk should advise the concerned Engineering staff for undertaking eviction proceedings.
e) At station, where Section Engg. (Works) is not posted, but Inspector/RPF is there, then the Inspector/RPF is responsible for checking fresh encroachments. 

f) While instructions contained in this para (a) to (d) would generally apply, it would be desirable to nominate Traffic, Commercial, Engineering officials as in-charges of specified areas at medium and large sized stations to keep a watch on encroachments and report encroachments incipient or otherwise, to the Engineering officials for eviction, if necessary, under PPE Act. 

g) Adequate training may be provided to the Estate Officers to make them well conversant with the Provisions of the PPE Act,-1971 and also various avenues available to them while dealing with the cases of encroachments course contents may include case histories and various relevant court judgments on the appeals against the orders of Estate Officers. 

h) RPF should render all help in removal of soft encroachments as and when their assistance is sought. They should also provide assistance in co-ordination with State Police /GRP where cases have been decided by the Estate Officers. 

816 Railway Land In Important Metropolitan & Commercial Cities 

In all such cities where the cost of land is very high, special staff including RPF should be deputed to deal with the encroachments and its removal. This batch of staff will be jointly responsible to ensure that no further encroachment of Railway land takes place. They will immediately remove the encroachments to avoid any development of the same. In case of non-removal, due to certain unavoidable reasons, they will lodge FIR with GRP/Civil police and report the encroachments with copy of encroachment plan, FIR etc. to the Divisional Engineer/ Sr. Divisional Engineer who will initiate action for removal of encroachment and keep headquarters informed. Assistance of RPF should be enlisted when dealing with the Civil Police. 

817 Maintenance of Rights of Way

a) The Assistant Engineers and Section Engineers (Works) shall see that the rights of way across Railway land are not allowed to be infringed upon. 

Prompt action should be taken to prevent any person obtaining squatter's rights on railway property. 

b) So as to assert the right of ownership as against any public claim of way, roads and authorised passage across Railway land over which the public have no right of way, should be closed for one day of 24 hours' every year. This should be done during the date or dates approved, if necessary, by the local authorities. Necessary reports should be sent by the Senior Supervisors to their Assistant Engineers after the procedure is observed, with details of station yards and Kilometrege. A notice of at least a fortnight should be given to the public of such closure. These notices may be fixed in some conspicuous place in the villages or towns where such passages lie, for the information of the public. In case of important roads such notices should be published in the local newspapers. 

818 Religious Structures 

a) There is a total ban on licensing land for religious purposes. The Zonal Railways will ensure that no requests for further licensing of Railway land for religious purposes are entertained by them. 

b) In regard to existing licenses for prayer platforms, shrines, temples, mosques, graves and tombs etc. on Railway land, the Assistant Engineers should maintain registers showing therein full particulars of the extent of each structure. The Religious Structures Registers should contain details of the locations, description of construction, extent of land on which the structures are located, history of the structure, reference to plans, community by which it is regarded as sacred and with whom dealings should be made. The principles enunciated in Para (a) should be complied and suitable control of Railways should be ensured through Agreement and Plans. The management should be by a committee consisting of railway employees. 

The Senior Supervisors should keep a constant look-out for un-authorised extension of existing structures or construction of new structures and report such occurrences at once to the Assistant Engineer. 

c) In case unauthorised extensions or new constructions are noticed, it should be possible for the Assistant Engineer and Staff to persuade those concerned, to desist from fortifier construction. If required the Assistant Divisional Engineer who will then ask the Department concerned to take requisite measures. When this stage is reached, the matter should be reported by the Divisional Engineer to the Chief Engineer. It would be desirable to inform District authorities about such instances promptly and impress upon them the need for removal of such additions to old structures or new constructions. In unavoidable circumstances, only individual cases may be referred to the Railway Board for regularisation of the encroachments. 

d) Licensing of the area or regularisation of the religious structures may be limited to maximum of 500 sq. metre in each individual case.

e) Nominal license fee fixed for the purpose will be charged in respect of religious and welfare organisations, as decided by railway administration from time to time. 

C. MANAGEMENT OF LAND 

819 Basic Principles 

a) The basic principles of management of Railway land are contained in pares 1008 to 1034 of the Indian Railways Code for the Engg. Deptt. (1993 Edition). 

b) All leases and licenses should be covered by agreements in the approved form. 

820 Lease And License 

Railway land is given out on license only. Request of Government Departments for lease may be considered on merit. Leasing of land is not permitted except in cases where Engineer should report immediately to the it is approved by the Railway Board.

821 Utilisation And Development Of Available Land 

a) Licensing of land by the Railways is permitted only for purposes connected with the railway working. 

b) In all Gases, the license fee shall be fixed by the General Manager keeping in view recommendations of the committee of Heads of Departments {see part (d) of this Para}.

c) Licence fee of plots should be fixed as a percentage of the land value determined as per the procedure detailed below. The percentage applicable to various types of plots will be as under:

 (1) Type of Plots 

Annual licence fee as a % of land value 

(1) Commercial plots - for city booking agencies, out agencies etc. 6 %
(2) Ordinary commercial plots without structures   6 %
(3) Ordinary commercial plots - with temporary structures for stacking/ storing. 7.5% for the whole area allocated including covered area .
(4) Steel yards/coal dumps, bulk oil installation etc. 10 %
(5) Land used to lay private sidings 6 %
(6) Shops, Retail oil depots etc.

Fixing of land value:

20 %


As the end use of the land licenced for the above purposes is generally directly related to traffic movement, it does not bear any direct relation to the land value advised by the Revenue authorities etc, which is for a different end use. A market value would however be required to be taken to serve as a base value for working out rental fee payable. This shall be fixed on the basis of the land value of the surrounding area as on 1.1.1985, as determined from the Revenue authorities and/or from the following :

(i) Evaluation of Town Planning Department 

(ii) Actuals as per PWD and CPWD transactions 

(iii) Actual transactions, as per documents filed in the office of the Sub-Registrar 

(iv) Value of land as assessed by professional evaluators of the State and Central Governments.


In case it is not possible to obtain land value as on 1.1.1985 and in case where the land rates are readily available as on 1.4.1986 the cut-off date of 1.4.1986 may be adopted. 

The value so fixed shall be" increased notionally every year on the 1st of April, starting from 1.4.1986, at the rate of 10% over the previous year's value to arrive at the land value for the following year based on which the licence fee to be paid shall be fixed. Once the notional value has been so obtained it shall apply to all plots at that station. 

However, for the Metropolitan towns of Mumbai, Calcutta, Delhi and Madras if the Standing Committee of Head of Department (see part (d) below) feel that the land rates are widely varying within the city, two or more rates can be utilised for that city. 

d) Standing Committee of Head of Departments 

A Standing Committee of three HODs will be set up at the Head quarters of each zonal railway and other railway units. The Standing Committee shall normally consist of CE, CCM and FA& CAO. The broad functions of the Committee, inter alia will be as follows:

(i) To fix the rental value using the procedure detailed above; and

(ii) To review annually whether the traffic commitments by the licensees of the commercial plots have actually materialsed or not and in case of any deviation, initiate suitable corrective action including de-licensing and vacation as necessary.

e) Minimum licence fee

The minimum licence fee in respect of plots covered above should be Rs.1000/- per annum.

f) Revision of licence fee

As the national land value will increase by 10% over the previous year's land value as mentioned above, the licence fee will automatically go up by 10% over the previous year's fee from the first of April every year. Suitable provisions, with the schedule of payment due should, therefore, be incorporated in the Agreement.

The termination/renewal date of the agreement should always be the end of the financial year so that there is no confusion and a better watch is kept on renewals.

g) Powers of licensing and renewals

Fresh cases of licensing of plots connected with Railway working and mentioned at (5) of part (c) above will be approved by the GM, on recommendation of the HODs Committee. As regards plots mentioned at (6), viz., shops, retail oil depots etc., as already stated, the railway administration has no powers to enter into fresh licensing for purposes unconnected with Railway working.

h) The licence agreement shall provide for Security Deposit and Liquidated Damges in terms of instructions contained in Para 1025, 1026 and 1027 of the Indian Railways Code for Engg. Deptt.(1993 Edition).

i) No permanent structure is allowed to be put up on land licensed for commercial purpose.

j) Licensing of Land To Traders At Stations

Land may be licensed to traders at stations where there is a demand for this facility. Licensing of land is done by the Commercial or Engineering Department. Where land is licensed for stacking materials received or despatched by train, the licensing will be done by the Commercial Department. In all other cases and also where temporary structures are to be erected on the licensed land, licensing will be done by the Engineering Department.

Plans showing plots of land which could be licensed should be prepared in consultation with the commercial department. The area of the plots should be decided with reference to local conditions. In case of plots licensed for stacking materials received or to be despatched by Railway, the dimension of the plot along the siding should be restricted to 10m so that maximum number of plots are served by the siding.

Plots should be demarcated at site by fixing unserviceable sleepers or posts at each of the four corners and plot numbers painted on them. Four copies of plans should be made out, one for the Divisional Commercial Manager, one for record in the Divisional Engineer's office, one for the works inspector and one for the station master.

The Section Engineer (Works/P.Way) should ensure that in all cases where railway land is licensed, the allotted area is not infringed by the licensees. He should report to the Assistant Engineer regarding such cases where he cannot successfully get the licensees to adhere to the limits of the plots allotted to them. I he Assistant Engineer should then take up the matter at a higher level.

k) Licensing Of Land For Short Duration

    Temporary licensing of land for conducting exhibitions, melas, carnivals, circus shows and such other cultural activities including temporary shops on such festive occasions, should be permitted subject to a maximum of three months with the personal approval of the General Manager. The power is not to be delegated to the lower authorities. The usual safeguards in regard to recovery of license fee and taking back the railway land after the period of license in original condition as also the licensees abiding by the terms and conditions of the local authorities, should be kept in view while licensing the Railway land. The rate of license fee should be fixed at 20% of the market value of land for shopping etc. However, when more than one party is involved, open auction may be done to fetch better value.

I) Renewal Of Licenses For Shopping/ Teh Bazari.

Licensing of fresh and additional land for shopping/Teh Bazari has been banned. However, in old cases of shopping/Tehbazari, where licenses are renewed periodically, such licenses should not be treated as new cases of licensing but renewals even where fresh licenses have to be given to new parties on open tender/auction basis. No new plots may however, be added for Teh Bazari/licensing. However, specific cases for licensing of land, for purposes not connected with railway working but concerning welfare of staff, such as, providing shops in areas where adequate shopping facilities do not exist, may be accepted on merits, with the concurrence of the FA & CAO and personal approval of the General Manager. The rate of license fee charged should be fixed at 20% of the market value of land. Where, however, auction is feasible and is likely to give better return, the same may be adopted. The licensing of plots should be for a specific period and also conform to the rules and regulations of the local bodies, Municipalities etc. The agreement entered with the parties should also specifically indicate the temporary removable structure to be put up and must guard against the licensees indulging in encroachment of Railway land. In the case of death/ medical unfitness of a licensee of a plot of land, renewal of license may be done to his/her legal heirs on the merits of the case. The medical unfitness shall be certified from a Govt. Hospital.

m) In each case of licensing, proper agreement must be executed before giving possession of land. It is the responsibility of the official handing over the land to verify whether the agreement has been executed.

n) Each AEN/Section Engineer will be fully aware of the available land (including commercial plots) under his jurisdiction and will submit suitable development plans for the most economical utilization of the available land, in accordance with the recent circulars and instructions.

822 Use of Surplus Land 

No surplus Railway land should be licensed for cultivation purpose. Plantation of suitable trees on such vacant land should be done on programme basis. Strip plantations should be developed on big chunks of land available.

Land between stations should, preferably be placed at the disposal of the State Government for afforestation by Forest Department, only after entering into proper agreement ensuring safety of train operation at all times and without diluting Railway's title on the land.

823 Licensing/ Leasing of Railway Land to other Government Departments

a) For railway land licensed/leased to other Government departments, the rent should be 6% of the market value of land, as assessed by local revenue authorities at the time of licensing/leasing. However, where structures are raised by departments, the rate of license fee for actual covered area should be enhanced to 12% of the market value. In the case of long term leases, provisions should be made for periodical revision of rent with retrospective effect. In case of Department of defence, licence fee of 6% of the market value of land with revision at every 10 years interval may be accepted.

b) In case of land leased to Government  owned undertakings, payment of security deposit may not be insisted upon provided the concerned ministry gives a guarantee to the Railway against payment of dues by the undertakings.

824 Licensing of Railway Land to Welfare Organisations, Private Schools Etc.

a) For railway land licensed to temple committees, Railway co-operative stores/cooperative societies, handicrafts centres and other welfare organisations, a nominal fee as per extant rules should be recovered.

b) The licensing of railway land for education purposes, will require the sanction of the Railway Board. For privately owned schools, Kendriya Vidyalayas etc. nominal fees should be charged. The nominal fee should be levied as per extant rules. The period of lease for Railway land required by the State Governments for opening new schools for children of Railway employees should not exceed 30 years. In the case of railway land leased to Kendriya Vidyalaya, the lease period may be 99 years.

825 Bulk Oil Installation On Railway Land

a) The terms and conditions for license of railway land to oil companies at stations, for erection of mineral oil tanks, godowns and depots and for laying pipe lines, are governed by special agreements between the Railway Administration and the licensees. Each document is accompanied by a detailed site plan and drawings showing structural details. Such agreements are usually long-term agreements and are executed by the commercial department on behalf of the Railway administration.

b) In dealing with bulk oil installations, reference should be made to the Petroleum Act of 1934 and the Petroleum Rules of 1976, as amended to date. Care should be taken to distinguish between the various classes of petroleum products, based on their flash points, as given in the rules referred to.

c) The Petroleum Rules of 1976 lay down that plan or plans relating to all new petroleum storage works or alterations in those existing, must be signed by the licensing authority in token of approval. No work on a storage installation or a storage shed should be permitted on or close to Railway land unless plan or plans for work duly signed by the licensing authority are received in the Divisional Commercial Manager's and Divisional Engineer's offices.

d) Bulk oil storage should be located so that:

i) they are as far away as possible from goods-sheds and station buildings;

ii) they could be conveniently served by a road and siding from which the oil wagons can be unloaded;

iii) they do not interfere with any future extension of the station yard;

iv) they are sufficiently far apart from each other or are so protected as to avoid any possibility of danger, should any installation catch fire.

As regards condition (ii), installation may be permitted near a traffic dead-end siding, the use of which for stabling oil wagons while being unloaded will not interfere with the general working of the station. If such a siding is not available, the provision of a special siding will be necessary.

e) It is not essential for an oil installation to be close to a siding as it can be served by a pipe line from the point of discharge from the wagon and the storage tank.

f) The approach road to a Bulk Oil Installation should be made and maintained at the cost of the licensee who will pay license fee for the land occupied.

g) Around every Bulk Oil Installation, a safety area must be kept clear of buildings of any description and the safety distances should conform to the requirements of Petroleum Rules.

h) The following distances shall be kept clear between storage tank or its enclosure and protected works.*

                                         (VideSchedule II of Petroleum Rules 1976)

 
Licensed capacity (Total of all classes of petroleum stored in the shed) Distance to be observed from storage shed for
Petroleum Class A Petroleum Class B Petroleum Class C
(1) (2) (3) (4)
Not exceeding 2500 litres . 6m Not applicable Not applicable
Exceeding    

 

2500 litres 7.5m Not applicable Not applicable
but not .
exceeding 25000 litres
Exceeding  

 

25000 litres 9.0m 3.0m Not applicable
but not .
exceeding 50000 litres
Exceeding  

 

50000 litres 12.0m 4.5m 3.0m
but not .
exceeding 100000 litres
Exceeding  100000 litres 15.0m 6.0m 3.0m


Note: (i) "Protected Works" include - 1) Buildings in which persons dwell or assemble, docks wharves, timber and coal
yards, furnace, kiln or chimney and buildings or places used for storing petroleum or for any other purpose but does not include buildings or places forming part of an installation;

2) Any public road or a Railway line which is not used exclusively as an oil siding; and

3) Overhead high tension power lines,

(ii) In the case of underground storage tanks,

(iii) 1) Petroleum class A means Petroleum having its flashing point below 23 degree

2) Petroleum class B means petroleum having a flash point of 23 degree C and above but below 65 degree C.

3) Petroleum class C means petroleum having a flash point of 65 degree C and above but below 93 degree C.

Flashing point of any petroleum means the lowest temperature at which it yields a vapour which gives a momentary flash when ignited. It is determined in accordance with the provisions of the Petroleum Act.

(iv) The area of land which is licensed for the purpose of an oil installation on which rent is to be paid should be the whole area including the safety areas prescribed in sub-Para (g).

826 Laying Of Oil Pipelines

a) Laying of oil pipe lines for installation other than those for bulk oil installations :-

i) No oil pipe line for conveyance of petrol or other oil is permitted on railway land without the special sanction of the Chief Engineer/ Chief General Engineer.

ij) Where the sanction to the project has been obtained, a set of rules for the laying, construction and maintenance of pipe line from the point of view of safety of the travelling public and railway property shall be drawn up
Derore the work on the project is permitted. 


The pipe line shall comply with all the relevant provisions of the petroleum rules relating to transport of petroleum by pipe lines vide Para V of Chapter III of the Petroleum Rules 1976.

b) Licensing of land for laying of pipe line, sewer line etc. to State Government and local bodies can be approved by G.M. with FA&CAO's concurrence. However, for other agencies, permission of Railway Board would be required.

827 Construction of Government and private buildings near Railway land

a) 1. While it may be realised that Railways have a prior right of acquisition and utilisation of land adjacent to Railway boundaries, the Railway Administration can only insist on previous intimation being given by the revenue authorities or the local Govt. when such lands are assigned for specific purposes. For the prevention of encroachments on railway land such as by the erection of buildings and platforms and the gradual accrual of easements such as right of way and a right to discharge sullage or storm water over Railway land, it is desirable that sufficient open space be provided between the railway boundary and the nearest face of any structure erected on adjoining land.

2. The interest of the Railways will be suitably safeguarded by providing for:

i) an open space of approximately 30m being left between the railway boundary and the nearest edge of a building constructed on adjacent land, the exact space to be left being governed by local conditions; and

ii) intimation regarding proposed construction on lands adjacent to the railway boundary being given to the railway authorities at least 90 days before the commencement of erection work.

3. The lands adjoining the railway boundary will be either privately owned or nazul and will be either included in a municipal area or not. Regarding private lands not included in a municipal area, there appears to be no method of enforcing the provisions mentioned above. As regards private lands included in a municipal area, the provisions can be made applicable by incorporating them in the municipal bye-laws and if the state governments have no objection, the municipal committees of the state may be asked to frame bye-laws to this effect. As regards nazul lands, both inside and outside municipal areas, it is suggested that if the state governments have no objection, suitable provision may be made in the conditions governing transfer, at the time of making grants".

b) In cities and towns where land is valuable and the cost high, it is not expected of the owner of a plot to leave a large vacant space between his building and the Railway boundary. The Interests of the Railway would be adequately safeguarded if sufficient vacant space is left so as to facilitate future road and drainage developments outside the railway land to avoid requests for surrender of railway land for access at a future date. Railways should insist on barest minimum distance. Barest minimum distance shall be ascertained by examining building plans and ensuring that the lay out of the building shall not result into accrual of various easement rights as mentioned above.

c) It is necessary that the Chief Engineer should arrange with each State Authority to frame rules in connection with the following:-

i) The procedure to be adopted for obtaining the Railway Administration's opinion before consenting to the assignment of land adjacent to railway limits for any specific purposes.

ii) The extent of open space to be left outside the railway boundaries for Government owned and privately-owned lands. Such orders may be issued by the State Governments in the form of government circulars or government orders, copies of which should be carefully recorded in the offices of the Chief Engineer, Divisional Engineer and Assistant Engineer.

d) Construction of a building or other structure near a station yard or between stations adjacent to the railway limits and within the zone specified in the said government circulars or orders, should be intimated at its commencement by the Section Engineer (P.Way/Works) to the Divisional Engineer and Assistant Engineer by telegram and copies to the local authority, furnishing brief particulars with Kilometrage and the distance of the structure from the railway boundary. This action should be immediately followed by a brief report and a sketch of the construction. On receipt of the report, the Divisional Engineer should address the local authority to arrange stoppage of the construction.

828 Earning From Railway Land And

 

Once a year each AEN will arrange a detailed survey of existing sources of earnings like grass, fruit trees, fish ponds etc., from Railway land including outstanding dues to be recovered.

Immediate action for issue of auction notice etc., will be taken to have the maximum earnings out of these sources. Targets will be set under the following heads and the same will be advised to Headquarters for the corresponding year, based on the survey of existing resources and outstanding dues (including those of commercial department) to be recovered.

i) Licensing of land for grow more food

ii) Sale of grass rights 

iii) Sale of fruits of trees

iv) Sale of fishing rights

v) Sale of dry and matured trees

vi) Licensing of land for Teh Bazari and for shopping purposes.

vii) Licensing of land for other purposes.

viii) Licensing of land to oil companies.

ix) Way leave facilities and easement rights along road and rail approaches.

Section Engineer (P.Way/Works) and AENs during routine trolley inspection will make entries of such sources in their diaries which will also be checked by higher officers during inspection.

Monthly progress of earnings under above heads shall be reported by Section Engineer (RWay/Works) and AEN to Divisional Office who shall report the same to headquarters.

                                                                 


                                                                                                                                      ANNEXURE8.1(a)

                                                                                                                                              Para 813(d)

                                                                                                                                 (Left Side of Register)

                                          Proforma for 'Land Boundary Verification Register'

                 DETAILS OF BOUNDARY STONES BETWEEN KILOMETER.......AND..................

 
Date of Inspection DETAILS OF MISSING BOUNDARY STONES Action Taken Initials of Inspecting officials
L R . .


                                                                                                                                 ANNEXURE8.1(b)

                                                                                                                                          Para 813(d) 

                                                                                                                           (Right side of Register)

                   PLAN SHOWING RAILWAY BOUNDARY STONES BETWEEN Km........To.......

 

 

Rly Land Boundary Stones Shown Thus -

L and R indicate Boundary Stones on the Left & Right while facing in the direction of increasing Kilometrage.

Note : Dimensions of Railway Land boundary may be given from Centre Line of Track.


                                                                                                                                    ANNEXURE8.2
                                                                                                                                      Para 814 (e)

                                      ENCROACHMENT INSPECTION REGISTER
                                            (left page)

1. Location .......................................................................................................

2. Name of Encroacher .......................................................................................

3. Father's Name & Address ................................................................................

4. Area Occupied ..............................................................................................

5. Use of Land..................................(Commercial/Residential/Cultivation)................

6. Date of Commencement of Unauthorised Occupation..............................................

7. Date on which the Encroachment came to notice for first time................................

8. Reference of File No.............................................

 
Date of Inspection/ Review Action Taken Date of removal Initials of Inspecting official

Note : Encroachment plan (to the Scale) shall be pasted on the right hand side: