CUSTODY OF RAILWAY LAND & PPEA act

CUSTODY OF RAILWAY LAND&PPEA act SANJAY K. GARG Sr.PROFESSOR/WORKS IRICEN/PUNE

SALIENT FEATURES OF PPE ACT 1971PUBLIC PREMISES (Eviction of unauthorized occupants) Act 1971 • APPOINTMENT OF ESTATE OFFICERS : SECT. 3 OF THE ACT • THE ISSUE OF NOTICE TO SHOW CAUSE AGAINST ORDER OF EVICTION : SECT. 4 OF THE ACT • EVICTION OF UNAUTHORIZED OCCUPANTS : SECT. 5 OF THE ACT. • DISPOSAL OF PROPERTY LEFT ON PUBLIC PREMISES BY UNAUTHORIZED OCCUPANTS: SECT. 6 OF THE ACT. • POWER TO REQUIRE PAYMENT OF RENT OR DAMAGES IN RESPECT OF PUBLIC PREMISES :SECT. 7 OF THE ACT • POWERS OF ESTATE OFFICERS : SECT. 8 OF THE ACT • APPEALS : SECT. 9 OF THE ACT.

SALIENT FEATURES OF PPE ACT 1971 • APPOINTMENT OF ESTATE OFFICERS : SECTION 3 OF THE ACT • GAZETTED OFFICERS OF GOVERNMENT • JURISDICTION SHOULD BE DEFINED IN THE NOTIFICATION ITSELF

SALIENT FEATURES OF PPE ACT 1971 • THE ISSUE OF NOTICE TO SHOW CAUSE AGAINST ORDER OF EVICTION: SECT. 4 OF THE ACT • IF THE ESTATE OFFICER IS OF OPINION THAT ANY PERSONS ARE IN UNAUTHORISED OCCUPATION OF PUBLIC PREMISES, HE WILL ISSUE A NOTICE IN WRITING TO SHOW CAUSE WHY AN ORDER OF EVICTION SHOULD NOT BE MADE.( SUBSECTION (1)) • THE NOTICE SHOULD SPECIFY • GROUND FOR ISSUE OF PROPOSED EVICTION NOTICE • REQUIRE ALL PERSONS CONCERNED– TO SHOW CAUSE,TO APPEAR BEFORE THE ESTATE OFFICER ON THE DATE SPECIFIED IN THE NOTICE ALONGWITH EVIDENCE (SHOULD NOT BE LESS THAN 7 DAYS FROM ISSUE OF NOTICE ). • NOTICE TO BE SERVED. • THE PARTICULARS OF THE PREMISES SHOULD BE CLEARLY WRITTEN IN THE NOTICE.

SALIENT FEATURES OF PPE ACT 1971 • THE ISSUE OF NOTICE TO SHOW CAUSE AGAINST ORDER OF EVICTION: SECT. 4 OF THE ACT CONTD….. • ESTATE OFFICER MUST HOLD AN ENQUIRY • PRINCIPLES OF NATURAL JUSTICE HAVE TO BE COMPLIED WITH

SALIENT FEATURES OF PPE ACT 1971 • EVICTION OF UNAUTHORIZED OCCUPANTS : SECTION 5 OF THE ACT. • ESTATE OFFICER WILL PASS THE ORDER OF EVICTION ,IF SATISFIED THAT PUBLIC PREMISES ARE UNAUTHORISEDLY OCCUPIED. • REASONS SHOULD BE RECORDED. • ORDER SHOULD BE PASSED AFTER PERSONAL HEARING. • IF PREMISES ARE NOT VACCATED BY THE UNAUTHORIZED OCCUPANTS WITHIN SPECIFIED TIME , GET IT VACCATED USING FORCE.

SALIENT FEATURES OF PPE ACT 1971 • EVICTION OF UNAUTHORIZED OCCUPANTS : SECTION 5 OF THE ACT. Contd….. • DATE BY WHICH THE PREMISES ARE TO BE VACCATED SHOULD BE RECORDED IN THE ORDER/ OTHERWISE 15 DAYS FROM THE DATE OF ISSUE OF ORDER • COPY OF THE ORDER SHOULD BE AFFIXED ON THE OUTER DOOR OR SOME OTHER CONSPICUOUS PART OF THE PUBLIC PREMISES.

SALIENT FEATURES OF PPE ACT 1971 • DISPOSAL OF PROPERTY LEFT ON PUBLIC PREMISES BY UNAUTHORIZED OCCUPANTS: SECTION 6 OF THE ACT. • THE 14 DAYS NOTICE WILL BE GIVEN TO THE CONCERNED PERSON • NOTICE SHOULD BE PUBLISHED IN ATLEAST ONE LOCAL NEWS PAPER • LEFT OVER PROPERTY CAN BE REMOVED OR DISPOSE OFF BY PUBLIC AUCTION • PROCEEDS OF THE AUCTION CAN BE ADJUSTED TOWARDS THE EXPENDITURE INCURRED ON REMOVAL OF ENCROACHMENTS, COST OF AUCTION AND ANY OTHER DUES.

SALIENT FEATURES OF PPE ACT 1971 • POWER TO REQUIRE PAYMENT OF RENT OR DAMAGES IN RESPECT OF PUBLIC PREMISES :SECTION 7 OF THE ACT • IF THERE IS ANY ARREARS OF RENT PAYABLE IN RESPECT OF PUBLIC PREMISES , THE ESTATE OFFICER MAY ORDER PAYMENT OF THE SAME WITHIN SPECIFIED TIME AND INSTALLMENTS. • FOR UNAUTHORIZED OCCUPATION, THE ESTATE OFFICER MAY ORDER THE PERSON TO PAY THE DAMAGES.

SALIENT FEATURES OF PPE ACT 1971 • POWER TO REQUIRE PAYMENT OF RENT OR DAMAGES IN RESPECT OF PUBLIC PREMISES :SECTION 7 OF THE ACT contd… • THE ESTATE OFFICER MAY ORDER THE PAYMENT OF ARREARS/DAMAGES ALONGWITH SIMPLE INTEREST • ORDER SHOULD BE PASSED ONLY AFTER ISSUE OF A NOTICE IN WRITING TO CONCERNED PERSONS CALLING UPON HIM TO SHOWCAUSE WITHIN SUCH TIME AS MAY BE SPECIFIED IN NOTICE

SALIENT FEATURES OF PPE ACT 1971 • POWERS OF ESTATE OFFICERS : SECTION 8 OF THE ACT • FOR THE PURPOSE OF HOLDING AN ENQUIRY UNDER THIS ACT, THE Estate Officer WILL HAVE THE SAME POWERS AS ARE VESTED IN A CIVIL COURT UNDER THE CODE OF CIVIL PROCEDURE ,1908 , IN THE FOLLOWING MATTERS --- • SUMMONING AND ENFORCING THE ATTENDANCE OF ANY PERSON AND EXAMINING HIM ON OATH • REQUIRING THE DISCOVERY AND PRODUCTION OF DOCUMENTS • ANY OTHER MATTER WHICH MAY BE PRESCRIBED.

SALIENT FEATURES OF PPE ACT 1971 • APPEALS : SECTION 9 OF THE ACT. • APPELATE OFFICER SHALL BE DISTRICT JUDGE OF THE DISTRICT IN WHICH THE PUBLIC PREMISES ARE SITUATED OR ANY OTHER JUDICIAL OFFICER IN THAT DISTRICT OF NOT LESS THAN 10 YEARS STANDING AS DESIGNATED BY DISTRICT JUDGE.

SALIENT FEATURES OF PPE ACT 1971 • APPEALS : SECTION 9 OF THE ACT. • APPEAL SHOULD BE PREFERRED WITHIN 12 DAYS FROM DATE OF PUBLICATION OF ORDER • EVERY APPEAL SHOULD BE DISPOSED OFF AS EXPEDITIOUSLY AS POSSIBLE. • COST OF APPEAL UNDER THIS SECTION WILL BE IN THE DISCRETION OF APPELATE OFFICER.

CUSTODY OF RAILWAY LAND

(i) RELEVANT CONSTITUTIONAL PROVISIONS PERTAINING TO LAND ARTICLE – 245 :STATE GOVT. HAS NO AUTHORITY TO LEGISLATE POLICY TO CENTRAL LAND ARTICLE – 257 :CONTROL OF THE UNION OVER STATES IN CERTAIN CASES. ARTICLE – 285 :EXEMPTION OF PROPERTY OF THE UNION FROM STATE TAXATION.

(ii) RELEVANT PROVISIONS OF INDIAN RAILWAYS ACT 1989 – TO PREVENT ENCROACHMENT ARTICLE – 145: NUISANCE TO RAILWAY – GARBAGE DISPOSAL. ARTICLE – 147: TRESPASSERS AND USERS TO DESIST FROM TRESPASSING.

(III) RELEVANT CHAPTERS OF ENGG. CODE PARA – E-850:MAINTENANCE OF LAND RECORDS: Land records register, land plans & demarcation plans be maintained at CE’s office. The original tracings that are duly certified by state govt. should be kept as permanent record. Similar register be maintained at DEN’s office in Division. PARA – E-1047 :DEMARCATION OF LAND BOUNDARIES: CONTAINS PROVISION OF DEMARCATION OF LAND BOUNDARIES.

(III) RELEVANT CHAPTERS OF ENGG. CODE • PARA - E-1048 PERIODIC VERIFICATION OF LAND BOUNDARIES: CONTAINS PROVISION OF PERIODIC VERIFICATION OF LAND BOUNDARIES AND MAINTENANCE OF PROPER RECORDS IN CONNECTION WITH LAND.

PARA – E-850:MAINTENANCE OF LAND RECORDS: • AS PER PARA 806 OF IRWM • THE COMPLETE LAND PLANS SHOULD BE MAINTAINED IN CE OFFICE • ORIGINAL TRACINGS DULY CERTIFIED BY STATE GOVERNMENTS SHOULD BE KEPT AS PERMANENT RECORD • SUFFICIENT COPIES OF CERTIFIED LAND PLANS AFTER CARRYING OUT NECESSARY CONSOLIDATION AND MUTATION SHOULD BE PREPARED AND SUPPLIED TO DIVISIONS • NO NOTINGS SHOULD BE MADE ON CERTIFIED PLANS AND IMPORTANT LETTERS

PARA – E-850:MAINTENANCE OF LAND RECORDS: • PARA 806 OF IRWM contd…… • LAND RECORD REGISTER SHOULD BE MAINTAINED IN CE’S/DIVISIONAL OFFICE AS PER TABLE 8.1 OF IRWM

PARA – E-850:MAINTENANCE OF LAND RECORDS: • PARA 806 OF IRWM contd…… • DURING SETTLEMENT AND CONSOLIDATION OPERATIONS,THE SHAPE OF THE RAILWAY LAND PLANS AND TOTAL LAND AREA AVAILABLE WITH RAILWAYS MAY GET OBLITERATED IN REVENUE RECORDS. • ALL LAND PLANS SHOULD BE TRANSFERRED TO MICRO FILMS.(RB LETTER NO. 84/W2/ LM/19/2 DT. 17/9/84). SUFFICIENT COPIES SHOULD BE KEPT IN HQ AS WELL AS DIVN. OFFICE.

PARA – E-850:MAINTENANCE OF LAND RECORDS: • PARA 807 OF IRWM • COPIES OF ALL LAND PLANS SHOULD BE MAINTAINED IN DEN OFFICE. • ALL CHANGES SHOULD BE CERTIFIED • FINAL LAND PLANS AFTER MUTATION ENTRIES,SHOULD BE SENT TO THE CE’S OFFICE FOR SAFE CUSTODY AND RECORD.COPIES SHOULD BE AVAILABLE IN DIVISIONAL AND FIELD OFFICES

PARA – E-850:MAINTENANCE OF LAND RECORDS: • PARA 807 OF IRWM Contd…. • LAND RECORD SHOULD BE MAINTAINED AS PER TABLE 8.1 OF IRWM • ENTERIES SHOULD BE INITIALLED BY DEN/XEN WHENEVER ANY TRANSACTION OF LAND TAKES PLACE. • IN CASE OF CONSTRUCTION PROJECTS INVOLVING LAND ACQUISITION , THE FOLLOWING SHOULD BE HANDED OVER BY CONSTRUCTION ENGINEERS • LAND RECORD REGISTER( TABLE 8.1) • THE ORIGINAL PAPERS OF LAND ACQUISITION

PARA – E-850:MAINTENANCE OF LAND RECORDS: • PARA 812 OF IRWM • COPIES OF CERTIFIED LAND PLANS SHOULD BE AVAILABLE IN AEN/ SE( W/P.WAY) OFFICE • EVERY SE( W/P.WAY) SHOULD MAINTAIN LAND RECORD AS PER PARA 806(b) IN LAND RECORD REGISTER • DURING INSPECTION OF HIGHER OFFICIALS THIS REGISTER SHOULD BE KEPT BY AEN • THE REGISTER SHOULD BE CHECKED ANNUALLY BY AEN/ DEN/ SR. DEN AND OBSERVATIONS RECORDED SHOULD BE FOLLOWED BY SSE

PARA – E-1047 DEMARCATION OF LAND BOUNDARIES • AS PER SECTION 13(A) OF INDIAN RAILWAY ACT OF 1989 & PARA 808 TO 811 OF IRWM • ALL RAILWAY LAND SHOULD HAVE WELL DEFINED BOUNDARIES • BOUNDARY MAY BE A CONTINIOUS WALL, FENCE OR DITCH ,POST OR PILLAR • DISTANCE BETWEEN POSTS SHOULD NOT BE MORE THAN 50 M.

PARA – E-1047 DEMARCATION OF LAND BOUNDARIES • AS PER SECTION 13(A) OF INDIAN RAILWAY ACT OF 1989 & PARA 808 TO 811 OF IRWM Contd. ….. • BOUNDARY POSTS SHOULD BE OF SUITABLE SIZE AND SHAPE ,PROJECTING min 500 MM ABOVE GROUND. • BOUNDARY POSTS SHOULD BE FIXED AT EVERY CHANGE OF ALIGNMENT

PARA – E-1047 DEMARCATION OF LAND BOUNDARIES • AS PER SECTION 13(A) OF INDIAN RAILWAY ACT OF 1989 & PARA 808 TO 811 OF IRWM Contd. ….. • EACH BOUNDARY POST SHOULD HAVE A NUMBER • POSITION OF EACH BOUNDARY POST SHOULD BE MARKED ON LAND PLAN • ON BANK OF RIVERS HIGH BOUNDARY PILLARS SHOULD BE ERECTED.

PARA – E-1047 DEMARCATION OF LAND BOUNDARIES • AS PER SECTION 13(A) OF INDIAN RAILWAY ACT IX OF 1989 & PARA 808 TO 811 OF IRWM Contd. ….. • IN AREAS HAVING HABITATION BOUNDARY WALL SHOULD BE PROVIDED. • PUCCA BOUNDARY WALL IN URBAN AREAS TO PREVENT ENCROACHMENT • PLANTATION OF JULI FLORA OR SIMILARLY EFFECTIVE BUSHES IN THE AREA

PARA - E-1048 :PERIODIC VERIFICATION OF LAND BOUNDARIES & ENCROACHMENTS: • AS PER PARA 813 OF IRWM • EVERY ZONAL RAILWAY IS RESPONSIBLE FOR DEMARCATION AND PERIODICAL VERIFICATION • THE SE(W/P.WAY) SHALL INSPECT AND MAINTAIN THE RAILWAY LAND BOUNDARIES BETWEEN STATIONS AND IN RAILWAY COLONIES. • SE(W/P.WAY) SHALL PREVENT AND REMOVE ENCROACHMENTS IN THEIR AREAS OF JURISDICTION.

PARA - E-1048 :PERIODIC VERIFICATION OF LAND BOUNDARIES & ENCROACHMENTS: • PARA 813 OF IRWM Contd…. • SIMLAR ACTION WILL BE TAKEN BY OTHER SUPERVISORS AS DEFINED IN PARA 815 IN THEIR RESPECTIVE AREAS OF JURISDICTION • IN CASE SSE/SM/CGS/RPF INSPECTORS ARE NOT ABLE TO REMOVE ENCROACHMENTS IN THEIR RESPECTIVE ARES OF JURISDICTION , THEY WILL REPORT THE CASE TO THEIR RESPECTIVE OFFICERS AND TO OTHER CIVIL AUTHORITIES.

PARA - E-1048 :PERIODIC VERIFICATION OF LAND BOUNDARIES: • PARA 813 OF IRWM Contd…. • RAILWAY SHOULD MAINTAIN PRINTED REGISTERS AS PER ANNEXURE 8.1(a) & 8.1(b) OF IRWM SHOWING “DETAILS OF ENCROACHMENTS” AND “DETAILS OF THE MISSING BOUNDARY STONES” AND ACTION TAKEN THEREON. • THE ENTRIES IN THE REGISTER SHOULD BE MADE BY SE • THIS REGISTER SHOULD HAVE ADEQUATE PAGES SO THAT RECORD FOR 15 YEARS CAN BE ACCOMODATED IN ONE REGISTER.

PARA - E-1048 : PERIODIC VERIFICATION OF LAND BOUNDARIES: LAND BOUNDARY VERIFICATION REGISTER(LEFT SIDE) Ann 8.1(a)

PARA - E-1048 : PERIODIC VERIFICATION OF LAND BOUNDARIES: LAND BOUNDARY VERIFICATION REGISTER(RIGHT SIDE) Ann 8.1(a)

PARA - E-1048 :PERIODIC VERIFICATION OF LAND BOUNDARIES: • PARA 813 OF IRWM Contd…. • VERIFICATION / INSPECTION BY AEN/ DEN/ SR. DEN DURING INSPECTIONS. • A CERTIFICATE IN THE PRESCRIBED PERFORMA SHOULD BE GIVEN BY SECTION ENGINEER ONCE A YEAR WHICH IS TO BE COUNTERSIGNED AND VERIFIED BY AEN

ENCROACHMENTRESPONSIBILITY • AS PER PARA 815(a),(b)&(f) OF IRWM • AT STATIONS , SM & RPF INSPECTOR WILL BE RESPONSIBLE FOR PREVENTING ENCROACMENTS. • IN GOODS SHED , CGS/ SM & RPF INSPECTOR WILL BE RESPONSIBLE FOR PREVENTING ENCROACMENTS. • AT LOCOSHEDS/WORKSHOPS , CONCERNED DEPARTMENTAL SUPERVISOR & RPF INSPECTOR WILL BE RESPONSIBLE FOR PREVENTING ENCROACMENTS.

ENCROACHMENTRESPONSIBILITY • AS PER PARA 815(h) OF IRWM • WHENEVER ENCROACHMENTS ARE TAKEN UP UNDER PPE ACT , THE CONCERNED OFFICIALS( SE/SM/CGS/RPF INSPESTOR) WOULD ACT AS PRESENTING OFFICER • AS PER PARA 815(i) OF IRWM • RPF SHOULD PLAY A PROACTIVE ROLE IN REMOVAL OF ENCROACHMENTS

TYPE OF ENCROACHMENT THESE ARE MAINLY CLASSIFIED AS FOLLOWS:- ( RB LETTER NO. 80/W2/14/0 DT.26.09.90) SOFT ENCROACHMENT –ACCESS FROM RAILWAY LAND, DOOR OPENING INTO RAILWAY AREA , DRAINAGE INTO RAILWAY AREA , THROWING REFUSE ONTO RAILWAY LAND,USE OF RAILWAY LAND FOR CATTLE, DUNG ETC. HARD ENCROACHMENT –CONSTRUCTION OF TEMPORARY/PERMANENT STRUCTURES FOR HOUSING/ COMMERCIAL PURPOSE,ADDITION AND ALTERATIONS TO EXISTING RAILWAY STRUCTURES ETC. TRESPASSING –ENTERING RAILWAY LAND UNAUTHORIZEDLY.

TYPE OF ENCROACHMENT • AS PER PARA 814(d) OF IRWM • CAT. A –ENCROACHMENT BY OUTSIDERS WHICH REQUIRES REMOVAL UNDER PPE ACT. • CAT. B –ENCROACHMENTS BY OUTSIDERS WHICH DO NOT REQUIRE EVICTION UNDER PPE ACT( TEMP. OCCUPATION OF RAILWAY LAND BY HAWKERS, USING RAILWAY LAND FOR CATTLE ETC.) • CAT.C – ENCROACHMENT IN THE FORM OF TEMP. HUTS BY RAILWAY STAFF. • CAT. D – ENCROACHMENT BY RAILWAY STAFF WHO HAVE BEEN ALLOTTED RAILWAY ACCOMODATION

TYPE OF ENCROACHMENT • PARA 814(d) OF IRWM Contd…… • CATEGORY A ENCROACHMENT IS OF HARD TYPE AND CATEGORY B,C & D ENCROACHMENTS ARE OF SOFT TYPE. • EVERY YEAR, AT THE CLOSE OF FINANCIAL YEAR ,DETAILED SURVEY OF ENCROACMENTS ,SHOULD BE MADE UNDER THE ABOVESAID CATEGORIES.

ACTION ON NEW ENCROACHMENT • AS PER PARA 814(b) of IRWM • WHENEVER A NEW ENCROACMENT IS IN THE PROCESS OF BUILDING UP , IT SHOULD BE REMOVED THEN AND THERE. • IN CASE OF NEW ENCROACHMENT IS SOUGHT TO BE BUILT BY FORCE , THE SE WILL IMMEDIATELY CONTACT WITH HIS DEPARTMENTAL OFFICERS, RPF INSPECTOR , LOCAL POLICE ETC. AND COMMUNICATE WITH THEM IN WRITING , SO THAT NO NEW ENCROACHMENT SHOULD COME UP ON RAILWAY LAND. • SIMILAR ACTION SHOULD BE TAKEN BY THE SUPERVISORS OF ALL DEPARTMENTS.

INSPECTION OF ENCROACHMENT • PARA 814( e ) OF IRWM • THE SE (W/ P. WAY) SHOULD MAINTAIN DETAILS OF ENCROACMENTS IN A REGISTER SHOWING THEIR INCIDENCE AND REMOVAL AS PER ENCROACHMENT INSPECTION REGISTER . ( ANNEX. 8.2 OF IRWM).ONE PAGE OF REGISTER SHOULD BE ALLOTTED TO EACH ENCROACHMENT. • THE FREQUENCY OF INSPECTION OF ENCROACHMENTS WILL BE 3 MONTHS. • ENCROACHMENT PLANS TO THE SCALE TO BE PREPARED

INSPECTION OF ENCROACHMENT ENCROACH INSPECTION REGISTER( LEFT PAGE) Annexure-8.2

SALIENT FEATURES OF JPO FOR ENCROACHMENT REMOVAL LAND RECORD AND REGISTER : DIVISION TO MAINTAIN LAND RECORDS. DEMARCATION OF LAND BOUNDARY : DIVISION TO MAINTAIN BOUNDARY PILLARS AND BOUNDARY VERIFICATION REGISTER LAND.

SALIENT FEATURES OF JPO FOR ENCROACHMENT REMOVAL • Fixation of Responsibility for encroachment

SALIENT FEATURES OF JPO FOR ENCROACHMENT REMOVAL • DETECTION AND REMOVAL OF ENCROACHMENT: AS SOON AS ANY UNAUTHORISED CONSTRUCTION IN PROGRESS IS NOTICED, SE (W) TO FILE A FIR UNDER SECTION 147 OF RAILWAY ACT WITH RPF ASSISTANCE. FOR SOFT ENCROACHMENT ALSO THIS PROCEDURE CAN BE ADOPTED . FOR HARD TYPE OF ENCROACHMENT SE(W/P.WAY) TO ACT UNDER PPE ACT PROVISION. FOR PHYSICAL EVICTION RPF INSPECTOR TO PROVIDE FULL ASSISTANCE AND TO ARRANGE LOCAL POLICE ASSISTANCE.

SALIENT FEATURES OF JPO FOR ENCROACHMENT REMOVAL • LIABILITY FOR DAR ACTION: OFFICIALS RESPONSIBLE FOR NEW ENCROACHMENT TO BE TAKEN UNDER DAR. • IMPORTANT CIRCULARS ON ENCROACHMENT: ENVISAGE USE OF SEC.147 OF INDIAN RLY. ACT 1989 (VIDE BD.’S L.NO.98/LML/14/156 DT. 8.2.99)

THANK YOU

CUSTODY OF RAILWAY LAND & PPEA act