Acquisition, Management & Disposal Of Land PDF

ACQUISITION, MANAGEMENT & DISPOSAL OF LAND CHAPTER VIII Administration to preserve unimpaired, the title to all land in its occupation and to keep it free...

ACQUISITION, MANAGEMENT & DISPOSAL OF LAND CHAPTER VIII 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 A. ACQUISITION, MANAGEMENT & litigation, accurate and certified land plans of DISPOSAL OF LAND all railway land should be maintained after carrying out necessary consolidation and 801 General mutation, and boundaries adequately demarcated and verified therewith at regular a) The law regarding acquisition of land intervals. is embodied in the Land Acquisition Act of 1894 b) In making land use special care should (as amended by the Land Acquisition be taken to see that remains of archaeological Amendment Act No.68 of 1984). The important and historical interest on Railway land are not sections of this Act are reproduced as affected. Interference with religious edifices, Appendix II in the Indian Rlys. Code for the burial grounds and other places or objects Engg. Deptt.(1993 Edition). which may be considered as sacred should be avoided, unless they come in alignment of b) The rules and procedures for line/yard or any new project.(CS No.6 Dt.21.12.01) acquisition, custody and management of Railway land and disposal of surplus land are c) The rights for quarrying and mining in contained in the following chapters of the Indian railway land shall be governed by the Rlys. Code for the Engg. Deptt.(1993 Edition):- provisions contained in paras 814 & 856 of the Indian Rlys.Code for the Engg.Deptt.(1993 Chapter VIII - Rules for the Acquisition of Edition). Land 803 Acquisition of Land Chapter IX - Procedure for the Acquisition The State Governments frame rules in of Land respect of their States consistent with the Act. The procedure of land acquisition may differ Chapter X - The Custody, Management from State to State. The actual practice in and Disposal of Land vogue in the State may be verified before processing the papers for land acquisition. c) Acquisition or relinquishment of land proceedings are subject to such special rules Some of the important aspects/principles and regulations as are issued by the State to be observed while acquiring land are, Governments or Local Bodies from time to time. a) While acquiring land for major projects, alignment should be fixed in such a way 802 Ownership of Railway Land that minimum extent of agricultural land is involved. a) The ownership of all land held by the Railway vests in the Central Government. b) In case of urgency, the application should Hence it is the duty of every Railway be made to the Collector under Section 175  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND 17 of the Act. As per this Section the the land without having obtained previous land can be occupied on expiry of 15 permission. As the Collector of the days after publication of notice under District will be called upon under section Section 9(i) of the act. 15 of the same Act, to assess damage and compensation, he should be advised c) When land is acquired on the bank of a of the entry within 24 hours. river with the intention of obtaining the rights to the foreshore, it should be made e) It will be in the interest of the clear, subject to the concurrence of the Administration if the Assistant Engineer State Government that the boundary on or Section Engineer (Works) concerned the river side as indicated in the is deputed to attend award inquiries and acquisition plan is the low water line for also settlement operations in Civil the time being and that, should the river Districts with a view to have proper at any time recede from the bank, records of settlement pertaining to the accretion to the foreshore shall form part Railway land. of the land acquired and no additional payment or compensation for such f) In special cases, if the State accretion shall be made. Government so desires, the Railway should deposit in advance an amount Cases in which difficulties arise in determined on the advice of the State consequence of a sudden change in the Government for the expeditious payment course of a river as distinguished from a of compensation to the land owners. This gradual process of erosion and accretion, amount should be kept as low as possible should be dealt with on their merits. and should not normally exceed the amount that can be disbursed by the d) In the case of any slip or other accident State Government within the financial happening or being apprehended to any year in which the deposit is made. cutting, embankment or other works, section 14 of the Railways Act 1989 g) As the financial justification for a empowers Railway to enter upon any project and its location in a particular lands adjoining the Railway for the place, takes also into consideration the purpose of repairing or preventing the value of the land to be acquired for the accident and to do all such works as may project, it is essential to obtain a realistic be necessary for the purpose. Adjoining estimate of the cost of the land from the land should be entered upon only in cases land revenue authorities at the time of of absolute necessity and to the minimum preparation of the estimate. extent required. h) For acquisition of forest land, the In such cases, a report must be made to procedure laid down in paras 857 and the Central Government (Railway Board) 858 of the Indian Railways Code for the within 72 hours of such entry, specifying Engg. Deptt. (1993 Edition) should be the reasons which necessitated entry on followed. 176  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND a) While acquiring land for quarrying lands relinquished by the Railway will in all purposes, it should be ensured that the cases be their market value at the time of State Government does not insert such transfer and not the original value paid on their declaration as could deny quarrying acquisition by the Railway. rights to the Railway. e) Vide para 1042 of the Indian Rlys. 804 Relinquishment of Railway Land Code for Engg. Deptt (1993 Edition) in cases where Railway land is transferred to a State a) When it has been decided that a certain Government and where the capitalised value area of land is no longer required for Railway of the land revenue had been paid to the Local purposes and is eligible for relinquishment, Government on acquisition, the amount action should be taken as detailed in para 1035 payable by the State Government for the land to 1044 of Indian Railways Code for the Engg. should include the refund of the capitalised Deptt. (1993 Edition). value. In the case of land disposed of to private parties, the refund of the capitalised value of b) When Railway land is relinquished, land revenue by the State Government will possession of the land should not be given not however be necessary. until the price for the land has been paid. Possession should be handed over jointly by f) In all other cases, land will be disposed the representatives of the Railway and the of at the highest offer and also if that is State Government to the purchaser if the considered reasonable.(CS No.6 Dt.21.12.01) purchaser is not a Government Department/ Public Sector Undertaking.(CS No.6 g) In respect of relinquishment of railway Dt.21.12.01) land in favour of the State Government or c) When State Governments, in arranging outsiders for the approaches of ROBs/RUBs, disposal of surplus Railway land, decide to specific approval of the Railway Board should sell it by public auction, a minimum upset or be obtained irrespective of the value of land reserve-price should be fixed along with such involved. other terms, as will be beneficial to the Railway Administration with their consultation. The h) Railways should include contingency auction should take place in the presence of charges @ 3% in all the relinquishment a responsible railway representative. All estimates to cover incidental charges incurred papers and plans prepared by the Civil during the process. authorities before the auction should be carefully scrutinised to ensure that the i) Powers of sanction - In all cases of description of the land being sold is correct disposals, conditions of restriction of uses and that no easements are allowed over agreed upon if any by both the parties may be adjoining land remaining in the possession of embodied in the transfer or sale deeds. When the Railway. the estimated value exceeds Rs. 5 lacs, a prior reference should be made to the Railway d) The amount payable by the Central Board.(CS No.6 Dt.21.12.01) Government or the State Government f or 177  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND 805 Outstanding Cases of Acquisition are duly certified by the State Governments and Relinquishment of Land should be kept as permanent records in the C.E.'s office. Sufficient copies of certified Half yearly lists of outstanding cases of plans after carrying out necessary acquisition and relinquishment of land should consolidation and mutation should be made be prepared by theDivisional Engineer, district out and supplied to the Divisional Engineers wise and state wise. These should be sent to for reference, a copy being kept in the cover concerned collectors for necessary action with of each relevant file.(CS No.6 Dt.21.12.01) copies sent to the Chief Engineer for information and record. No notings should be made on certified plans and declarations nor on important letters B. LAND RECORDS, DEMARCATION from the State Governments in connection with AND VERIFICATION OF RAILWAY acquisition or relinquishment of land as these BOUNDARIES may, at times, be required in a Court of Law to prove the Railway's title. 806 Land Records in C.E.'s Office b) Land Records Registers should be a) Vide para 850 of the Indian Railways maintained in the Chief Engineer's office as Code for the Engg. Deptt. (1993 Edition) a per the following proforma (Table 8.1.) in which complete series of land plans for the entire all details of transactions, both acquisition and Railway should be maintained in the Chief relinquishment should be noted. Engineer's office. The original tracings that _______________________________________________________________________________________________________________ Table 8.1. LAND RECORDS REGISTER (CS No.6 Dt.21.12.01) Division............................... Railway................................. Section..................................... Engg. Divn. Land Plan Stn. or Kilometrage Description Area No. (in hectares) (1) (2) (3) (4) (5) Cost of land Reference Govt. Resolutions & Date of Remarks acquisition/ to date of sanctioning consolidation/ relinquish- corres the transfer of land mutation with ment pondence Revenue authorities (6) (7) (8) (9) (10) 178  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND c) During consolidation and settlement operations that take place after certain Entries in the Land Register should be intervals, re-survey of all the villages is carried duly initialled by the Divisional/ Executive out by concerned Revenue authorities. During Engineer's, as and when any transaction takes these operations, the shape of the Railway place. land plans and the total land area available with the Railways may get obliterated in c) After land acquisition proceedings are Revenue records. It would, therefore, be completed, the original papers viz. the necessary that whenever such operations take notifications, awards, certificates of handing place, the concerned Section Engineers over and taking over of land and final land (Works/P.Way) keep a track of such plan and schedule signed by the Collector operations to ensure that Railway's land is should be separately bound together and kept intact in Revenue records. In fulfilling carefully preserved. These documents should this responsibility, the Divisions may take be kept in the custody of the head or Chief suitable assistance from the Land Cell of the Draftsman of the Drawing office and these Chief Engineer's office. records should be properly handed over whenever there is a change in the incumbent d) Micro-filming - All certified land plans of the post. shall be transferred as micro-films, requisite sets of which can be kept in safe custody both in Headquarters Office and also in the d) The last stage in the process of land Divisional Offices. These micro-films, acquisition is the mutation entry in the however, cannot replace or reduce the need Revenue records. It is, therefore, necessary for original tracings signed by Railway that such mutation entries are completed as administration and Civil authorities but would early as possible in a sustained follow-up help in taking prints of land plans in case (CS No.6 Dt.21.12.01)of the land acquisition original tracings are lost/mutilated and in process. Unless and until the mutation of keeping copies with Supervisors/AENs/DENs. the land, which has been acquired, has (CS No.6 Dt. 21.12.01) been done, a quarterly report thereon should 807 Land Records in Divisional/ continue to be sent to the Chief Engineer's Executive Engineer's Office office. This point should also be checked by the Open line Engineers while taking a) Divisional/Executive Engineer's shall over complete stretches of new be responsible to ensure that records of title construction, involving land acquisition, from are carefully preserved and kept upto date by the Construction Branch. noting all changes on the copies of authorised e) Final land plans, after mutation entries land plans in their possession. All land plans are carried out, should be sent to the Chief should show complete dimensions preferably Engineer’s office for safe custody and record. with boundary stones and their numbers. Copies of final land plans should be made and kept in the Divisional and field offices for use b) Land Records Registers as per para of DENs, AENs, and Section Engineers 806(b) should be maintained in the Divisional/ (Works/P. Way).(CS No.6 Dt.21.12.01) Executive Engineer's office. 179  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND f) In case of Construction Projects outside of such posts and pillars. involving land acquisition, it will be the Between marks, the boundary shall in responsibility of the Construction Engineers each case be taken in a straight line from to hand over the land acquired, free of all the outside of one mark to the outside of encroachments and along with all records the next mark. specified below, to the Open line Engineers :- v) Detached marks should, in no case (i) Land Records Register (Table 8.1) be at a greater distance apart duly filled in; and (centre to centre) than 50 (fifty) meters.(CS No.6 Dt.21.12.01). (ii) The original papers viz. the They should be of a substantial notifications, awards, certificates of handing character, not easily destroyed or over and taking over of land and final land moved by accident or mischief, and plan and schedule signed by the Collector, of such size and form as can be separately bound together.(CS No.6 Dt.21.12.01) readily found and recognised. 808 Demarcation of Land Boundaries vi) Each detached boundary mark should bear a number. The position For proper demarcation of land and number of each detached boundaries para 1047 of the Indian Rlys. Code boundary mark should be shown on for the Engg. Deptt. (1993 Edition) provides the land plan. as under: vii) Where a fence, wall or ditch is i) All land permanently occupied for the purposes of Railway, shall have its situated at some distance within the boundaries defined on the ground in such boundary and does not mark the a manner as to enable such boundaries actual limit of the railway land, it to be readily ascertained and identified. will be necessary (in addition to such fence, wall or ditch) to have the ii) For this purpose, the boundary of the actual boundary of the Railway land railway land may be defined by a properly marked and defined in continuous wall, fence or ditch or by accordance with these rules. detached marks, posts or pillars. 809 Boundary Stones iii) Where the boundary mark is continuous, a) The boundary stones may be of suitable the boundary of the Railway land is to be size and section, projecting about 500 mm on the outer edge of the wall, fence or above ground and inscribed with appropriate letters e.g. NR for Northern ditch, that is to say, the wall, fence or Railway and the number in black below, ditch will be situated wholly on Railway the stones being colour washed white, red or yellow to suit local conditions. The land. stones should be fixed squarely, the outside face representing the boundary with the letters and number facing the iv) Where detached marks, such as isolated railway line. On the telegraph post side posts or pillars are used the boundary preferably, the boundary stone may be of the Railway land will pass along the serially numbered 1,3,5 and so on in ascending order of kilometrage, those 180  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND on the opposite side being numbered 2,4,6 and (b) In other areas instructions as per para so on, the number starting from a kilometre 3715 of Way and Works Manual should be post and ending at the next kilometre post strictly followed. where the numbers should begin afresh. The stones should be kept clear from jungle growth 811 (ii) Fencing as a rule, should be or shrubs for at least 1 metre all round within provided at the following locations:- the Railway limits. a) For specified lengths on either side of b) Boundary stones should be fixed at level crossings, so as to prevent trespassing every point of change of alignment. In hilly when the gates are closed; country and for sharp curves, each stone should be so placed that it can be observed b) Around busy station yards for 30m from the adjoining stone on either side. width on either side; 810 Boundary Pillars On Banks Of c) In municipal limits and notified-area Rivers - High boundary pillars on each bank limits and in proximity to villages or such of rivers or important waterways crossed by localities where huts or houses are close to Railway bridges should be erected so as to railway line. prevent and control encroachments. Land within this boundary should never be d) For protection of railway land surrendered. from encroachments. 811 (i) Construction of boundary wall Pucca boundary walls may be in areas having habitation constructed in urban areas to prevent encroachment. (a) In areas having habitation bordering railway land and also where habitation is likely 811 (iii) Other preventive steps as:- in near future, boundary walls should be provided, so that potential encroachments are (a) Identification of vulnerable areas. prevented and outsiders do not develop any right of entry on railway land. Boundary walls (b) Plantation of Juli Flora or similar are an operational necessity in such situations, effective bushes in the area.(CS so as to prevent trespassing, cattle being run No.6 Dt.21.12.01) over by trains, use of railway tracks for easing (c) Ensuring proper maintenance of etc. and theft of P. Way fittings and other boundary pillar. railway materials. It is also necessary for boundary walls to be extended right from the (d) Preventing unauthorised entry of road Station outwards along the tracks of Vulnerable vehicles into railway land threatening side locations within towns so that outsiders do collision with trains, through Plantation/fencing not find an easy access to the Stations (Letter should be done. No. 80/W2/14/0/APT dt. 2.9.93) (e) Construction of structures and unauthorised hutments obstructing the 181  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND visibility to road users at the unmanned level 813 Verification of Land Boundaries crossings should not be permitted. and Encroachments (CS No.6 Dt.21.12.01) (f) Interaction with local authorities for a) Vide para 1048 of the Indian Railway assistance in preventing encroachments in Code for the Engg. Deptt. (1993 Edidtion) every these areas. Zonal Railway Administration is responsible for the demarcation and periodical verification (g) Joint visits of the vulnerable locations of the boundaries and maintenance of proper by representatives of concerned departments records in connection with land in the along with civil authorities (wherever required) possession of that Railway. with a view to create adequate impression in the locality that Railways are serious in b) "The Section Engineer (Works/P. Way) preventing encroachments in the areas. is responsible for maintaining railway land within the jurisdictions defined in paras 812 Land Plans. hereinafter, without any encroachments or development of easement rights. He should (a) Up to date land plans should be prevent and remove encroachments, as and available in the Divisional Offices and copies when these arise and where removal of should be made available to the Field encroachment is possible without taking Inspectors whenever required in connection recourse to PPE Act. Particular care is with any work. Non-availability of land plans required to prevent encroachment on railway should not be a ground for wrong demarcations land situated above tunnels and below bridges of land boundaries while dealing with outsiders. especially Road Over/Under bridges. (b) Copies of certified land plans In cases where the Section Engineer pertaining to their jurisdictions showing (Works/P. Way), Station Master, Chief Goods complete dimensions, should be in the Clerk, Carriage & Wagon Inspector, RPF possession of the Assistant Engineers, Inspector, and other concerned Inspectors are Section Engineer ( Works /P.Way) not able to remove the encroachments on railway land within their respective areas of Every Section Engineer ( Works /P.Way) responsibility as defined in para 815 will maintain a land record as per para 806(b). hereinafter, they should report the case to the From time to time all entries in the Register Assistant Engineer / Divisional Engineer / be made up-to-date. During important Divisional Commercial Manager / Senior inspections of higher officers from the Divisional Engineer / Senior Divisional Headquarters and Railway Board, the register Commercial Manager and concerned will be kept by the AEN with him. Land Records Departmental officer in charge (in case of Register should be checked annually by AEN/ workshop/sheds) / Divisional Security DEN/Sr.DEN and observations recorded on Commissioner as well as the Superintendent them should be followed by Section Engineer of Police / Divisional Commissioner, and other (Works/P.Way) Civil authorities verbally as well as in writing for further action".(CS No.6 Dt.21.12.01) 182  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND c) The Section Engineer (P.Way) shall and action taken thereon. The entries in the inspect and maintain the Railway land register should be certified by the Section boundaries between stations and at Engineer/(Works/P.Way) of the respective unimportant stations. The Section Engineer sections and verified / inspected by the Asstt. (Works) shall inspect and maintain the land Engineer./DEN/Sr.DEN or other higher boundaries at important stations and staff officers from time to time. The registers colonies. should have adequate pages so that record of inspection and verification of land boundaries (d) Maintenance of land boundaries for a period of 15 years can be accommodated verification Register- in the register. Separate registers should be maintained for each Section Engineer (Works/ Railways should maintain printed P.Way)'s jurisdiction. A certificate on the registers on the lines of Bridge Registers as following proforma should be given by the at Annexure 8.1 (a) & (b) in the attached Section Engineer once a year which is to be format showing "Details of Encroachments" verified and counter-signed by AEN with regard and "Details of the Missing Boundary Stones" to correct demarcation of land boundaries. Certificate for Land Boundaries verification is given below: LAND BOUNDARIES VERIFICATION CERTIFICATE Year ______________ Section______________ Kms.______________ to______________ Section Engineer (P. Way/Works)_______Sub Division______________ Division______________(CS No.6 Dt.21.12.01) ____________________________________________________________________________________ I,________Section Engineer (P. Way/Works) 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 (CS No.6 Dt.21.12.01) Sta Location Rly Soft Area in Value of Approx. Purpose: Action Remarks tion emplo /hard Sq.m. land approx. period Personal taken pre- KM/ Reference yee/ since /Com- to mises/ EM to outsiders Value Basic encroa mercial remove colony Station encroach persons market chment /religious /mid (from ment /others rate/ existing /Social/ sec -to) plan notified other tion rate/ Rough assess -ment 1 2 3 4 5 6 7 8 9 10 11 12 183  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND 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 (CS No.6 Dt.21.12.01) Date Location Description of Action Initials of Remarks of missing boundary taken inspecting inspec stones officers tion Km Boundary stone No 1 2 3 4 5 6 7 1. I certify that railway boundaries are demarcated correctly and that there are no encroachments, except those listed above. 2. Certified land plans pertaining to the above mentioned Section Engineer (P. Way/ Works)___________________are available with him except the following. _______________________ Asstt. Engineer/ _______________________ DEM/Sr. DEN/ _______________________ Chief Engineer/General 184  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND e) During his inspections, the The Section Engineer/Section Engineer Assistant Engineer should ensure that Railway of workshop concerned/Station Master/Chief boundaries are demarcated correctly and that Goods Clerk will call on the gangmen, khalasis there are no encroachments. In cases where to dismantle and remove the encroachment he cannot prevail on the parties to remove as soon as noticed. If during such process of the encroachments, he must report the facts removal of the encroachment the official(s) with particulars to the Divisional Engineer who as stated above is (are) threatened, an FIR will take up the matter with local authorities. should be lodged with the RPF and simultaneously assistance of RPF Inspector 814 Prevention and Removal of be sought. The RPF Inspector will provide the Encroachments - a) New encroachments manpower and other required assistance to shall be got removed promptly under the officials for immediate removal of the provisions of section 147 of Railway Act encroachments, and simultaneously lodge FIR 1989. For old encroachments where party is with GRP, Civil Police as the case may be. not amenable to persuasion for removal of such encroachments, action should be taken Senior officers of the Divisions as under the provisions of Public Premises mentioned above should guide the subordinate (Eviction of Unauthorised Occupants) Act officials in doing their best to deal with the 1971. Encroachment of railway land by railway situation. Simultaneously, if the ground staff also constitutes grave misconduct on situation so requires the senior officers should their part and is 'good and sufficient reason' contact their counterparts of similar rank/ for imposition of major penalty after following authority in the Civil and Police Departments the procedure laid down in the Discipline and of the State Govt. and seek their help to deal Appeal Rules. with the situation. The senior officers of the Division should also contact the concerned b) When an encroachment is in the officers in the Headquarters and seek their process of building up, it should be removed intervention in the matter as necessary. then and there. In case the new encroachment is sought to be built by force, the Section The officers in the Headquarters should Engineer will immediately contact his AEN contact their counterparts in the Civil and and DEN, the Security Officers (RPF) of the Police Depts. of the State Govt. and request Railway, the Civil and Police officers of that required civil assistance be made the District (directly or through AEN/DEN) in available by them to the Railway officials. writing as well as by personal contacts without loss of time to ensure that the new As specified above, a well-coordinated encroachment is not allowed to come. The efforts should be made by officers/officials of Station Master, Chief Goods Clerk, RPF different capacities and jurisdiction to achieve Inspector, and other Section Engineers also the ultimate objective that the encroachments will be equally responsible for taking similar are removed/dismantled within the shortest action in their areas of responsibility as per possible time.(CS No.6 Dt.21.12.01) para 815 of the Manual. Headquarters Office should also be contacted without loss of time c) Where the encroachments are of a if necessary. temporary nature in the shape of jhuggies, 185  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND jhopries and squatters and where it may be e) The Section Engineer (Works/P. Way) difficult to take action under PPE Act the same should maintain details of encroachments in may be got removed in consultation and with a register showing their incidence and removal the assistance of local civil authorities. with necessary details as given in Annexure 8.2 (Encroachment Inspection Register). d) Every year, at the close of financial year, detailed survey of encroachments must One page of this register shall be allotted be made under the following categories :- to each encroachment. A scale plan of the encroachment shall be provided on the facing i) CATEGORY - A Encroachments by side. outsiders removal of which requires Once a case is opened the entries should actionunder Public not be discontinued unless and until the Premises Eviction (PPE) encroachment is removed. A note to that Act. effect should be made in the register. The frequency of inspection of encroachment shall ii) CATEGORY - B) Encroachments by be at least once in 3 months. outsiders which do not require action under PPE Section Engineer (Works/P. Way)(CS Act (e.g. temporary No.6 Dt.21.12.01) shall give a certificate in occupation of land by the following proforma, once in three hawkers, using Railway months which shall be verified and land for cattle, cowdung, countersigned by the AEN. refuse etc.) "I............................................., Section Engineer (Works/P. Way) certify that I have inspected the Railway land in my section iii)CATEGORY- C) Encroachment by during the quarter ending..................and Railway staff in the form there have been no encroachments except of temporary huts etc. at the locations shown in this register, that have been reported upon vide references iv)CATEGORY - D) Encroachment by given against each." Railway staff who have been allotted railway sd/- accommodation, by way Section Engineer (Works/P. Way) of additions to the structures, unauthorised AEN should submit every month the use of land for cultivation summary of the status of removal of etc. encroachments to the Divisional Engineer. Note: Category "A" encroachment is of Monthly progress regarding additions and the hard type and Category "B", "C" & "D" removal of encroachments, filing eviction encroachments are of the soft types. cases and their progress in court of Estate 186  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND Officer, in Civil Courts etc. should be (iii) Plans for commercial plots at various submitted by Divisions to Head Quarter. stations should be approved jointly by Divl. Engineering and Commercial Encroachment plans to scale shall be Officers and at site demarcation of the made for every encroachment. These plots should be done with rail posts by encroachment plans alongwith details of Engineering Deptt. Whenever any encroachment as per Annexure 8.2 should be commercial plot is licensed the checked and signed by Section Engineer Commercial Department should give a (Works/P. Way)/AEN. Records of such copy of the allotment letter to the encroachment plans should be kept in the Engineering Deptt. so that Section Divisional office and these encroachment Engineer (Works) can ensure against any plans should be handed over and taken over unauthorised use. The station Master by Section Engineer (Works/P. Way)/AENs should also have a copy of the approved at the time of change of charge. plan of commercial plots at the station. Station staff, including Commercial staff A copy of encroachment plan should posted in Goods Sheds should firstly be available with Section Engineer (Works/ ensure that commercial plots are not P. Way) /AEN/DEN/Sr.DEN. Any misused and secondly, in case of any encroachment added or removed should be misuse and/or encroachment should reflected in the encroachment plan. immediately report it to the Engineering Deptt. for eviction and other action that A copy of encroachment plan should be may be necessary. This will also apply handed over by the Section Engineer (Works/ to the cases of any licensing for shops, P. Way) to SMs/RPF inspectors/Workshops tehbazari etc. in the circulating area and Supervisors in charge etc. goods shed premises. (f) Steps to control the unauthorised (iv) To prevent imminent encroachments on use of Railway land. vacant railway land, planting of suitable trees/ shurbs including quick growing Following further steps should be thorny trees like Prosopis Juliflora adopted to control the unauthorised use of (Vilayati Babul) should be adopted. railway land:- (g) Eviction process shall include inter alia:- (i) For any addition/alteration of a pucca (CS No.6 Dt.21.12.01) structure, written sanction of the Divisional Engineer should be necessary. (i) Identification of the existing Any structure in which cement is used encroachments. may be classified as pucca structure. (ii) Ensuring that all the cases under (ii) For alteration /addition of any temporary the PPE Act have been filed. structure, written sanction of AEN should be necessary. (iii) Estate Officers should expedite finalisation of the cases pending with them. 187  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND CGC for their respective areas. They can (iv) Action for possession in accordance take the assistance from Engineering and with the extant orders where RPF staff, as may be found necessary. eviction orders are received. d) Whenever an encroachment incipient or (v) Mobilisation of help of Civil otherwise is noticed in the station area, Authorities by formal/informal the Station Master/Chief Goods Clerk requests at different levels till the should take immediate action to have it required assistance is forthcoming. removed. Assistance from the RPF and Engineering staff should be taken as (vi) Cases directed to the courts to be necessary.(CS No.6 Dt.21.12.01) pursued for early finalisation with the help of the Railway Advocates. e) At station, where Section Engg. (Works) is not posted, but Inspector/RPF is there, 815 Division of Responsibility then the Inspector/RPF is responsible for checking fresh encroachments. The following division of responsibility between the station staff and the engineering f) In case of locosheds/workshops, staff should be observed in regard to concerned (nominated) departmental encroachments within the station areas : supervisor (e.g. Section Engineer (C&W) for coach manufacture depots a) At stations, the Station Master, jointly etc.) along with RPF Inspector shall with nominated/senior RPF Inspector, be jointly responsible. will be reponsible for preventing encroachments and for driving out g) While instructions contained in this para trespassers by obtaining help also from (a) to (d) would generally apply, it would RPF, Police and Section Engineer be desirable to nominate Traffic, (Works/P.Way) as necessary Commercial, Engineering officials as in- charges of specified areas at medium and b) In the goods shed, the Chief Goods Clerk large sized stations to keep a watch on wherever available and at other places encroachments and take appropriate the Station Master, jointly with RPF action for immediate removal. Inspector, will be responsible for preventing encroachments and for driving h) Whenever encroachments are taken up out trespassers also with the help of under PPE Act, the concerned officials RPF, Police and Section Engineer from Engineering (including workshops (Works) as necessary.(CS No.6 Dt.21.12.01) Supervisors), Commercial, Traffic or Security departments, as the case may c) The responsibility for preventing be, would act as the Presenting Officer, encroachments and for driving out and proactively help in expeditious trespassers in circulating areas of the finalisation of the proceedings. Adequate stations and goods sheds, will rest with training may be provided by IRICEN/ the 'Station Manager/Station Master/SS/ Pune to the Estate Officers to make them 188  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND well conversant with the provsions of the as specified in paragraph 814 (b) suitable PPE Act, 1971 and also various avenues adverse entries shall be made in the available to them while dealing with Confidential Records of the official(s) cases of encroachments. Course concerned, and he(they) will also be liable for contents may include case histories and DAR action. various relevant court judgements on the appeals against the orders of Estate 815-B Liability for D&AR action Officers It is imperative on the part of concerned i) RPF should play a proactive role in Branch officer that for any new encroachments removal of soft encroachments as and that come up on railway land, officials when existence of such encroachments responsible for safeguarding the railway land is brought to their notice. They should are taken up under Railway Servants(D&A) also provide assistance in co-operation Rules.(CS No.6 Dt.21.12.01) with State Police/GRP where cases have been decided by the Estate Officers. 816 Railway Land In Important Metropolitan & Commercial Cities 815- A Action to be taken while handing/taking over of charge by In all such cities where the cost of Supervisors. land is very high, special staff including RPF should be deputed to deal with the (a) A joint field check on the existing encroachments and its removal. This batch encroachments will be mandatory part of the of staff will be jointly responsible to ensure Handing over/Taking over of the Section that no further encroachment of Railway land Engineer(Works/P. Way)s’ charge. This takes place. They will immediately remove should be followed by a joint signing at the the encroachments to avoid any development end of the Encroachments Register on the of the same. In case of non-removal, due to number of encroachments in the jurisdiction. certain unavoidable reasons, they will lodge The fact that these steps have been FIR with GRP/Civil police and report the completed, should be an item required to be encroachments with copy of encroachment specifically mentioned in the Handing over plan, FIR etc.to the Divisional Engineer/ Note of the outgoing Supervisor. Sr.Divisional Engineer who will initiate action for removal of encroachment and keep Similar procedure should be followed headquarters informed. Assistance of RPF by the concerned officials from Commercial, should be enlisted when dealing with the Civil Traffic, Mechanical, Electrical, and Security Police. departments. 817 Maintenance of Rights of Way (b) In the event of fresh encroachments having taken place being a) The Assistant Engineers and Section noticed at the stage of handing over of charge, and Engineers (Works) shall see that the rights of which were not specifically brought out in writing way across Railway land are not allowed to to the notice of the officers/authorities be infringed upon. 189  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND Prompt action should be taken to prevent should be ensured through Agreement and any person obtaining squatter's rights on Plans. The management should be by a railway property. committee consisting of railway employees. b) So as to assert the right of ownership The Senior Supervisors should keep a as against any public claim of way, roads and constant look-out for un-authorised extension authorised passage across Railway land over of existing structures or construction of new which the public have no right of way, should structures and report such occurrences at be closed for one day of 24 hours every year. once to the Assistant Engineer. This should be done during the date or dates c) In case unauthorised extensions or approved, if necessary, by the local new constructions are noticed, it should be authorities. Necessary reports should be sent possible for the Assistant Engineer and Staff by the Senior Supervisors to their Assistant to persuade those concerned, to desist from Engineers after the procedure is observed, further construction. If required the Assistant with details of station yards and kilometrages. Engineer should report immediately to the A notice of at least a fortnight should be given Divisional Engineer who will then ask the to the public of such closure. These notices Department concerned to take requisite may be fixed in some conspicuous place in measures. When this stage is reached, the the villages or towns where such passages matter should be reported by the Divisional lie, for the information of the public. In case Engineer to the Chief Engineer. It would be of important roads such notices should be desirable to inform District authorities about published in the local newspapers. such instances promptly and impress upon 818 Religious Structures them the need for removal of such additions a) There is a total ban on licensing land to old structures or new constructions. In for religious purposes. The Zonal Railways will unavoidable circumstances, only individual ensure that no requests for further licensing cases may be referred to the Railway Board of Railway land for religious purposes are for regularisation of the encroachments. entertained by them. d) Licensing of the area or regularisation b) In regard to existing licenses for of the religious structures may be limited to prayer platforms, shrines, temples, mosques, maximum of 500 sq. metre in each individual graves and tombs etc. on Railway land, the case. Assistant Engineers should maintain registers e) Nominal license fee fixed for the showing therein full particulars of the extent purpose will be charged in respect of religious of each structure. The Religious Structures and welfare organisations, as decided by Registers should contain details of the railway administration from time to time. locations, description of construction, extent of land on which the structures are located, C. MANAGEMENT OF LAND history of the structure, reference to plans, 819 Basic Principles community by which it is regarded as sacred and with whom dealings should be made. The a) The basic principles of management principles enunciated in para (a) should be of Railway land are contained in paras 1008 complied and suitable control of Railways to 1034 of the Indian Railways Code for the Engg. Deptt. (1993 Edition). 190  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND b) All leases and licenses should be permitted only for purposes connected with covered by agreements in the approved form. the railway working. 820 Lease And License b) In all cases, the license fee shall be Railway land is given out on license only. fixed by the General Manager keeping in view Request of Government Departments for recommendations of the committee of Heads lease may be considered on merit. Leasing of Departments {see part (d) of this para}. of land is not permitted except in cases where c) Licence fee of plots should be fixed it is approved by the Railway Board. as a percentage of the land value determined 821 Utilisation And Development Of as per the procedure detailed below. The Available Land percentage applicable to various types of plots will be as under : a) Licensing of land by the Railways is ________________________________________________________________________________________________________ Type of Plots Annual licence fee as a % of land value * ________________________________________________________________________________________________________ (1) Commercial plots - for city booking 6% agencies, out agencies etc. (2) Ordinary commercial plots 6% without structures. (3) Ordinary commercial plots - with 7.5% for the whole area allocated temporary structures for stacking/ including covered area. storing. (4) Steel yards/coal dumps, bulk oil 10% installation etc. (5) Land used to lay private sidings 6% (6) Shops, Retail oil depots etc. 20% · Fixing of land value : ________________________________________________________________________________________________________ As the end use of the land licenced however be required to be taken to serve as a for the above purposes is generally directly base value for working out rental fee payable. related to traffic movement, it does not bear This shall be fixed on the basis of the land any direct relation to the land value advised value of the surrounding area as on 1.1.1985, by the Revenue authorities etc, which is for a as determined from the Revenue authorities different end use. A market value would and/or from the following : 191  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND (i) Evaluation of Town Planning Department procedure detailed above; and (ii) Actuals as per PWD and CPWD (ii) To review annually whether the traffic transactions commitments by the licensees of the (iii) Actual transactions, as per documents commercial plots have actually filed in the office of the Sub-Registrar materialsed or not and in case of any deviation, initiate suitable corrective (iv) Value of land as assessed by action including de-licensing and professional evaluators of the State and vacation as necessary. Central Governments. e) Minimum licence fee In case it is not possible to obtain land value as on 1.1.1985 and in case where the The minimum licence fee in respect of land rates are readily available as on 1.4.1986 plots covered above should be Rs.1000/- per the cut-off date of 1.4.1986 may be adopted. annum. f) Revision of licence fee The value so fixed shall be increased notionally every year on the 1st of April, As the national land value will increase starting from 1.4.1986, at the rate of 10% over by 10% over the previous year's land value the previous year's value to arrive at the land as mentioned above, the licence fee will value for the following year based on which automatically go up by 10% over the previous the licence fee to be paid shall be fixed. Once year's fee from the first of April every year. the notional value has been so obtained it shall Suitable provisions, with the schedule of apply to all plots at that station. payment due should, therefore, be incorporated in the Agreement. However, for the Metropolitan towns of Mumbai, Calcutta, Delhi and Madras if the The termination/renewal date of the Standing Committee of Head of Department agreement should always be the end of the (see part (d) below) feel that the land rates financial year so that there is no confusion are widely varying within the city, two or more and a better watch is kept on renewals. rates can be utilised for that city. g) Powers of licensing and renewals d)Standing Committee of Head of Departments Fresh cases of licensing of plots connected with Railway working and mentioned A Standing Committee of three HODs will at (5) of part (c) above will be approved by be set up at the Head quarters of each zonal the GM, on recommendation of the HODs railway and other railway units. The Standing Committee. As regards plots mentioned at Committee shall normally consist of CE, CCM (6), viz., shops, retail oil depots etc., as and FA&CAO. The broad functions of the already stated, the railway administration has Committee, inter alia will be as follows : no powers to enter into fresh licensing for purposes unconnected with Railway working. (i) To fix the rental value using the 192  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND h) The licence agreement shall provide and one for the station master. for Security Deposit and Liquidated Damages in terms of instructions contained in para 1025, The Section Engineer (Works/P.Way) 1026 and 1027 of the Indian Railways Code should ensure that in all cases where railway for Engg. Deptt.(1993 Edition). land is licensed, the allotted area is not infringed by the licensees. He should report i) No permanent structure is allowed to to the Assistant Engineer regarding such cases be put up on land licensed for commercial where he cannot successfully get the purpose. licensees to adhere to the limits of the plots allotted to them. The Assistant Engineer j) Licensing of Land To Traders At should then take up the matter at a higher Stations level. Land may be licensed to traders at k) Licensing Of Land For Short Duration stations where there is a demand for this facility. Licensing of land is done by the Temporary licensing of land for Commercial or Engineering Department. conducting exhibitions, melas, carnivals, Where land is licensed for stacking materials circus shows and such other cultural activities received or despatched by train, the licensing including temporary shops on such festive will be done by the Commercial Department. occasions, should be permitted subject to a In all other cases and also where temporary maximum of three months with the personal structures are to be erected on the licensed approval of the General Manager. The power land, licensing will be done by the Engineering is not to be delegated to the lower authorities. Department. The usual safeguards in regard to recovery of license fee and taking back the railway land Plans showing plots of land which could after the period of license in original condition be licensed should be prepared in consultation as also the licensees abiding by the terms with the commercial department. The area of and conditions of the local authorities, should the plots should be decided with reference to be kept in view while licensing the Railway local conditions. In case of plots licensed for land. The rate of license fee should be fixed stacking materials received or to be at 20% of the market value of land for shopping despatched by Railway, the dimension of the etc. However, when more than one party is plot along the siding should be restricted to involved, open auction may be done to fetch 10m so that maximum number of plots are better value. served by the siding. l) Renewal Of Licenses For Shopping/ Plots should be demarcated at site by Teh Bazari. fixing unserviceable sleepers or posts at each of the four corners and plot numbers painted Licensing of fresh and additional land for on them. Four copies of plans should be made shopping/Teh Bazari has been banned. out, one for the Divisional Commercial However, in old cases of shopping/Tehbazari, Manager, one for record in the Divisional where licenses are renewed periodically, such Engineer's office, one for the works inspector licenses should not be treated as new cases 193  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND of licensing but renewals even where fresh 822 Use of Surplus Land licenses have to be given to new parties on open tender/auction basis. No new plots may No surplus Railway land should be however, be added for Teh Bazari/licensing. licensed for cultivation purpose. Plantation of However, specific cases for licensing of land, suitable trees on such vacant land should be for purposes not connected with railway done on programme basis. Strip plantations working but concerning welfare of staff, such should be developed on big chunks of land as, providing shops in areas where adequate available. shopping facilities do not exist, may be accepted on merits, with the concurrence of Land between stations should, preferably the FA & CAO and personal approval of the be placed at the disposal of the State General Manager. The rate of license fee Government for afforestation by Forest charged should be fixed at 20% of the market Department, only after entering into proper value of land. Where, however, auction is agreement ensuring safety of train operation feasible and is likely to give better return, the at all times and without diluting Railway's title same may be adopted. The licensing of plots on the land. should be for a specific period and also conform to the rules and regulations of the 823 Licensing/ Leasing of Railway local bodies, Municipalities etc. The Land to other Government Departments agreement entered with the parties should also specifically indicate the temporary removable a) For railway land licensed/leased to structure to be put up and must guard against other Government departments, the rent the licensees indulging in encroachment of should be 6% of the market value of land, as Railway land. In the case of death/ medical assessed by local revenue authorities at the unfitness of a licensee of a plot of land, time of licensing/leasing. However, where renewal of license may be done to his/her legal structures are raised by departments, the rate heirs on the merits of the case. The medical of license fee for actual covered area should unfitness shall be certified from a Govt. be enhanced to 12% of the market value. In Hospital. the case of long term leases, provisions should be made for periodical revision of rent m) In each case of licensing, proper with retrospective effect. In case of agreement must be executed before giving Department of defence, licence fee of 6% of possession of land. It is the responsibility of the market value of land with revision at every the official handing over the land to verify 10 years interval may be accepted. whether the agreement has been executed. b) In case of land leased to Government n) Each AEN/Section Engineer will be owned undertakings, payment of security fully aware of the available land (including deposit may not be insisted upon provided the commercial plots) under his jurisdiction and concerned ministry gives a guarantee to the will submit suitable development plans for the Railway against payment of dues by the most economical utilization of the available undertakings. land, in accordance with the recent circulars and instructions. 194  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND 824 Licensing of Railway Land to agreement for violations of conditions or for Welfare Organisations, Private Schools etc. any other reason whatsover. Such proposals (a) For railway land licensed to temple should be duly approved by CPO (with regard committees, Railway Co-operative stores/ to need, capacity of school required for railway Cooperative societies, handicrafts centres and children after taking account of the existing other welfare organisations, a nominal fee as facilities etc.) and concurred by F.A. & C.A.O. per extant rules should be recovered. Such and recommended by the General Manager. proposals duly concurred by F.A. & C.A.O. and (c) The period of lease for Railway land recommended by the General Manager would in such cases should not exceed 30 years. In require the prior sanction of Railway Board. the case of railway land leased to Kendriya (b) The licensing of railway land to all Vidyalaya, the lease period may be 99 years. (CS No.5 Dt.05.11.01) schools (Govt./Private) will require prior sanction of the Railway Board. 825 Bulk Oil Installation On Railway (i) Kendriya Vidaylayas can be Land provided surplus land/accommodation purely a) The terms and conditions for license as a welfare measure at nominal licence fee of railway land to oil companies at stations, decided by Railway Board from time to time. for erection of mineral oil tanks, godowns and Slimilarly, surplus land can be licensed to depots and for laying pipe lines, are governed State Govts. for opening new school by the by special agreements between the Railway State Govts. for benefit of children of railway Administration and the licensees. Each employees at nominal licence fee. document is accompanied by a detailed site (ii) In areas, where educational plan and drawings showing structural details. institutions are not available or existing school Such agreements are usually long-term facilities are not adequate to cater to the needs agreements and are executed by the of wards of railway employees, railway land if commercial department on behalf of the it is sparable, may also be licensed to privately Railway administration. run schools on payment of annual licence fee b) In dealing with bulk oil installations, @ 6% of the present market value of land. In reference should be made to the Petroleum such cases, licence agreements entered into Act of 1934 and the Petroleum Rules of 1976, with these organisations should provide for as amended to date. Care should be taken some direct control of the Railway over the to distinguish between the various classes of functioning of such organisations including petroleum products, based on their flash their financial affairs. Railways should also points, as given in the rules referred to. insist that the managing committees of such c) The Petroleum Rules of 1976 lay down organisations comprise of some members of that plan or plans relating to all new petroleum railway staff, or railway’s nominated storage works or alterations in those existing, representatives. The school should obtain railway’s approval to any charges/fees/ must be signed by the licensing authority in token of approval. No work on a storage membership fees etc. proposed to be levied by installation or a storage shed should be them. Likewise, Railway may stipulate permitted on or close to Railway land unless preference in admission of children/wards of plan or plans for work duly signed by the railway staff in such institutions to the extent licensing authority are received in the of 75% of their intake. No compensation shall Divisional Commercial Manager's and be payable for any structures on railway land, Divisional Engineer's offices. in case Railway decides to terminate d) Bulk oil storage should be located so that : 195  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND i) they are as far away as possible from siding will be necessary. goods-sheds and station buildings; e) It is not essential for an oil installation ii) they could be conveniently served by a to be close to a siding as it can be served by road and siding from which the oil wagons a pipe line from the point of discharge from can be unloaded; the wagon and the storage tank. iii) they do not interfere with any future f) The approach road to a Bulk Oil extension of the station yard; Installation should be made and maintained iv) they are sufficiently far apart from each at the cost of the licensee who will pay license other or are so protected as to fee for the land occupied. avoid any possibility of danger, should g) Around every Bulk Oil Installation, a any installation catch fire. safety area must be kept clear of buildings of As regards condition (ii), installation may any description and the safety distances be permitted near a traffic dead-end siding, should conform to the requirements of the use of which for stabling oil wagons while Petroleum Rules. being unloaded will not interfere with the h) The following distances shall be kept general working of the station. If such a siding clear between storage tank or its enclosure is not available, the provision of a special and protected works.* (Vide Schedule II of Petroleum Rules 1976) Licensed capacity Distance to be observed from storage (Total of all classes shed for of petroleum stored in ____________________________ the shed) Petroleum Petroleum Petroleum Class A Class B Class C ________________________________________________________________________________________________________ (1) (2) (3) (4) ________________________________________________________________________________________________________ Not Not Not exceeding 2500 litres 6m applicable applicable Exceeding 2500 litres but not 7.5m Not Not exceeding 25000 litres applicable applicable Exceeding 25000 litres but not 9.0m 3.0 m Not exceeding 50000 litres applicable Exceeding 50000 litres but not 12.0m 4.5 m 3.0m exceeding 100000 litres Exceeding 100000 litres 15.0m 6.0m 3.0m __________________________________________________________________________________________________ Note:(i) "Protected Works" include - or places used for storing petroleum or for 1) Buildings in which persons dwell or any other purpose but does not include assemble, docks wharves, timber and coal buildings or places forming part of an yards, furnace, kiln or chimney and buildings installation; 196  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND 2) Any public road or a Railway line which ii) Where the sanction to the project has is not used exclusively as an oil siding; and been obtained, a set of rules for the laying, construction and maintenance of pipe line from 3) Overhead high tension power lines. the point of view of safety of the travelling public and railway property shall be drawn up (ii) In the case of underground storage tanks, by the Railway administration in consultation it is not necessary to maintain any safety with the Commissioner of Railway Safety distances around the storage tank. before the work on the project is permitted. (iii) 1) Petroleum class A means Petroleum The pipe line shall comply with all the having its flashing point below 23 degree relevant provisions of the petroleum rules C. relating to transport of petroleum by pipe lines vide para V of Chapter III of the Petroleum 2) Petroleum class B means petroleum Rules 1976. having a flash point of 23 degree C and above but below 65 degree C. b) Licensing of land for laying of pipe line, sewer line etc. to State Government and local 3) Petroleum class C means petroleum bodies can be approved by G.M. with having a flash point of 65 degree C and FA&CAO's concurrence. However, for other above but below 93 degree C. agencies, permission of Railway Board would be required. Flashing point of any petroleum means the lowest temperature at which it 827 Construction of Government and yields a vapour which gives a momentary flash private buildings near Railway land when ignited. It is determined in accordance with the provisions of the Petroleum Act. a) 1. While it may be realised that Railways have a prior right of acquisition and (iv) The area of land which is licensed utilisation of land adjacent to Railway for the purpose of an oil installation on which boundaries, the Railway Administration rent is to be paid should be the whole area can only insist on previous intimation including the safety areas prescribed in sub- being given by the revenue authorities para (g). or the local Govt. when such lands are assigned for specific purposes. For the 826 Laying Of Oil Pipelines prevention of encroachments on railway land such as by the erection of buildings a) Laying of oil pipe lines for and platforms and the gradual accrual of installation other than those for bulk oil easements such as right of way and a installations :- right to discharge sullage or storm water over Railway land, it is desirable that i) No oil pipe line for conveyance of petrol sufficient open space be provided or other oil is permitted on railway land without between the railway boundary and the the special sanction of the Chief Engineer/ nearest face of any structure erected on Chief General Engineer. adjoining land. 197  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND 2. The interest of the Railways will be space is left so as to facilitate future road and suitably safeguarded by providing for: drainage developments outside the railway land to avoid requests for surrender of railway i) an open space of approximately 30m land for access at a future date. Railways being left between the railway boundary should insist on barest minimum distance. and the nearest edge of a building Barest minimum distance shall be ascertained constructed on adjacent land, the exact by examining building plans and ensuring that space to be left being governed by local the lay out of the building shall not result into conditions; and accrual of various easement rights as mentioned above. ii) intimation regarding proposed construction on lands adjacent to the c) It is necessary that the Chief Engineer railway boundary being given to the should arrange with each State Authority to railway authorities at least 90 days before frame rules in connection with the following:- the commencement of erection work. i) The procedure to be adopted for obtaining 3. The lands adjoining the railway boundary the Railway Administration's opinion will be either privately owned or nazul before consenting to the assignment of and will be either included in a municipal land adjacent to railway limits for any area or not. Regarding private lands not specific purposes. included in a municipal area, there appears to be no method of enforcing the ii) The extent of open space to be left provisions mentioned above. As regards outside the railway boundaries for private lands included in a municipal Government owned and privately-owned area, the provisions can be made lands. Such orders may be issued by applicable by incorporating them in the the State Governments in the form of municipal bye-laws and if the state government circulars or government governments have no objection, the orders, copies of which should be municipal committees of the state may carefully recorded in the offices of the be asked to frame bye-laws to this effect. Chief Engineer, Divisional Engineer and As regards nazul lands, both inside and Assistant Engineer. outside municipal areas, it is suggested that if the state governments have no d) Construction of a building or other objection, suitable provision may be structure near a station yard or between made in the conditions governing stations adjacent to the railway limits and transfer, at the time of making grants". within the zone specified in the said government circulars or orders, should be b) In cities and towns where land is intimated at its commencement by the Section valuable and the cost high, it is not expected Engineer (P.Way/Works) to the Divisional of the owner of a plot to leave a large vacant Engineer and Assistant Engineer by telegram space between his building and the Railway and copies to the local authority, furnishing boundary. The Interests of the Railway would brief particulars with Kilometrage and the be adequately safeguarded if sufficient vacant distance of the structure from the railway 198  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND boundary. This action should be immediately ii) Sale of grass rights followed by a brief report and a sketch of the construction. On receipt of the report, the iii) Sale of fruits of trees Divisional Engineer should address the local authority to arrange stoppage of the iv) Sale of fishing rights construction. v) Sale of dry and matured trees 828 Earning From Railway Land And Its Monitoring vi) Licensing of land for Teh Bazari and for shopping purposes. Once a year each AEN will arrange a detailed survey of existing sources of earnings vii) Licensing of land for other purposes. like grass, fruit trees, fish ponds etc., from Railway land including outstanding dues to be viii) Licensing of land to oil companies. recovered. ix) Way leave facilities and easement rights Immediate action for issue of auction along road and rail approaches. notice etc., will be taken to have the maximum earnings out of these sources. Targets will Section Engineer (P.Way/Works) be set under the following heads and the same and AENs during routine trolley inspection will will be advised to Headquarters for the make entries of such sources in their diaries corresponding year, based on the survey of which will also be checked by higher officers existing resources and outstanding dues during inspection. (including those of commercial department) to be recovered. Monthly progress of earnings under above heads shall be reported by Section i) Licensing of land for grow more food Engineer (P.Way/Works) and AEN to Divisional Office who shall report the same to headquarters. HHHHHHH 199  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND ANNEXURE 8.1(a) (Para 813(d)) (Left Side of Register) Proforma for 'Land Boundary Verification Register' DETAILS OF BOUNDARY STONES BETWEEN KILOMETRE.......AND............... __________________________________________________________________________________________________________________ Date : : Action : Initials of : DETAILS OF MISSING BOUNDARY STONES : Taken : of In- Inspection: - - - - - - - - - - - - - - - - - - - -- - - - - - - - - -- - - - ---:- - - ------------- -: specting : L : R : : officials _______ :__________ :_________________________________:______________ :___________ _____________________________________________________________________________________________ 200  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND ANNEXURE 8.1(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. _______________________________________________________________________________________________ 201  ACQUISITION, MANAGEMENT & DISPOSAL OF LAND ANNEXURE 8.2 Para 814 (e) ENCROACHMENT INSPECTION REGISTER (left page) 1. Location................................................................................................................................... 2. Name of Encroacher........................................................................................................ 3. Father's Name & Address................................................................................................... 4. Area Occupied....................................................