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LAND MANAGEMENT ON INDIAN RAILWAYS

LAND MANAGEMENT ON INDIAN RAILWAYS. LAND MANAGEMENT FUNCTIONS OF LAND MANAGEMENT CELL CAN BROADLY BE CLASSIFIED INTO FOLLOWING TWO CATEGORIES: -. A. Custody and Management of Land. B. Earning from Land Resources. LAND MANAGEMENT. Custody & Management of Land. Earning from Land Resources.

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LAND MANAGEMENT ON INDIAN RAILWAYS

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  1. LAND MANAGEMENT ON INDIAN RAILWAYS

  2. LAND MANAGEMENTFUNCTIONS OF LAND MANAGEMENT CELL CAN BROADLY BE CLASSIFIED INTO FOLLOWING TWO CATEGORIES: - A. Custody and Management of Land. B. Earning from Land Resources.

  3. LAND MANAGEMENT Custody & Management of Land Earning from Land Resources Constitu-tional Provision Rly. Act Provision Provision of Engg. Code Encroach-ments PPE Act Provision Licensing of Land Leasing Property Develop - ment Commercial Plantation Way Leave Grow More Food

  4. Land holdings in Indian Railways on 1.4.2006

  5. SUMMARY Area owned by Railways- 4,32,000 Ha Vacant land - 43,000 Ha(10%) Encroached - App 2,000 Ha

  6. EARNING FROM LAND RESOURCES • Licensing of land • Leasing • Property Development • Way Leave • Grow More Food

  7. LEASING OF LAND • Leasing of Land without Board’s approval banned (Board’s circular no.82/W2/LM/18/116 dt.22.11.82). • Leasing of Railway land for commercial purpose – power of GM • 2013/LML-I/24/37

  8. To Govt. Organizations/undertakings To CONCOR To Kendriya Vidyalaya Organization Vide Bd’s letter no. 2001/LML/13/53 dt.4.10.01 & 30.07.03 (35 years, 99%, Rs 1000/- per annum} vide Bd’s letter no 88/LM(L)/13/63 dt. 13.3.90, 25.9.91 and 26.12.94. Bd’s letter no.2001/LML/13/55 dt. 24.09.03 Vide Bd’s letter no Board’s circular no.90/LM(L)/18/7, dt.14.7.92, E(W)92 ED 1/9, dt.2.9.92. LEASING OF LAND Leasing of land can be done as under

  9. LICENSING OF LAND Guided by Board’s Circular (Master Circular) No.2005/LML/18/8 dt.10.02.2005 For shops - by Engineering Department For Cycle stand - by Commercial Deptt.

  10. LICENSING OF LAND • Not connected with Rly. working banned. (Bd’s circular No.80W2/18/0/A dt.7.6.1984). • Licensing for ordinary commercial plots connected with Railway working can be given with GM’s personal approval in consultation with FA & CAO (Bd.’s Cir.No.1983/W2/LM/18/87 24-03-04 & Master circular dt 10-02-2005) • Agreement signing with Licensee is a must (Bd’s Circular No.82/W2(LM)/18/116, dt. 22.11.82, dt 10.02.05, dated 04.12.2009 and dated 01.04.2010).

  11. LICENSING OF LAND • Existing Licensee may continue. Change of Licensee permitted. (Bd’s circular No.97LML/18/67, dt.25.6.98 and dt 29.09.03). • Land under licensing can be given to Schools and Welfare Organisations. (Bd’s circular no.92/LML/21/4, Dt. 11/5/92. & 2001/LML/21/14 dt. 5.11.01 & letter No. 2002LML2116 dt.10-04-03).

  12. LICENSING OF LAND Land under licensing can be given to Private Schools also. (Bd’s circular no.79/W2/18/130/0 dated 30.4.82.) Extension of License for School & Religious Institutions (Bd’s circular no.2003/LML/21/20 dated 29.09.03.)

  13. Licensing of Land Contd. Land under licensing can not be given to Housing Societies (Board’s circular no.88/LML/13/64 dated 27.12.90). Land under licensing can not be given for construction of Union offices. (Board’s circular no.89/LML/18/108 dt.8.1.92 & No. 2000LML/18/115 dt.03.01.2000). Licensing of land to Oil companies for setting up retail outlets (Petrol Pump) is permitted (Board’s circular no.2001/LML/18/162 dt. 21-02-2002 Board’s circular no.2001/LML18/58 dt. 23.09.02 & Board’s circular no.2001/LML/13/53 dt. 25.02.04).

  14. Licensing of Land Contd. • Short Term Temporary Licensing for Circus Show etc. (Board’s circular no.98/LML/18/28 dt.20.01.2002 & 22.03.02 & 27.04.04, by DRMs up to 15 days). • Temporary Licensing for camping place/ ground facility (Board’s circular no.2002/LML/18/13 dt.25.02.2002).

  15. WAY LEAVE FACILITY Section 16 & 17 of the Railway Act 1989 enjoins upon the Railway to make and maintain specified works for accommodation of the owners & occupiers of the land adjoining the Railway for the purpose of making good any interruptions caused by Railway. Involves limited or occasional use of land by a party for a specified purpose without conferring upon the party any right of possession EMPOWERMENT: DRM HAS GIVEN NOW FULL POWER to grant way leave facilities

  16. 97/LML/24/3 dt. 27.11.01 2000/LML/24/20 dt. 13.11.01 2001/LML/24/20 dt. 18.10.2001, 17.02.02 & 30.04.03 2001/LML/18/34 dt. 1.10.01 2002/LML/24/16 dt. 3.09.03 & 27.11.01 2002/LML/24/37 dt. 27.03.03 No. 97/ LML/ 24/ 3 dt 16.11.2005 General Policy guidelines for levying charges for way leave facility. Way leave facilities for underground laying of cables of cable T.V. Way leave facility for laying Optic Fibre Cable Leasing of infrastructure facilities at MW stations. Disposal of Way leave Cases. Granting of way leave facilities/easement rights - Policy regarding. WAY LEAVE FACILITY

  17. 2000/LM(L)/2/21 dt.18.5.2000 2000/LML/2/58 dt.01.02.2001 2000/LML/2/51 dt.30.11.2000 Delegation of powers to GMs for engagement of consultants (generally PSUs) for Property Development cases and also to take up schemes having less than 1000 sqm in other than four metros with or without PSU consultant Procedure regarding Commercial Development Re-imbursement of the expenses to nodal agency CIRCULARS FOR COMMERCIAL DEVELOPMENT

  18. GROW MORE FOOD • RB’s policy issued vide ME’s letter no.98/LML/16/9 of Feb 2000, further revised vide letter dt 16-07-2010 • It is for licensing of Railway land in urban areas for cultivation, now extended in rural areas also • Licensing to only Railway employees in group C or D category. Only to permanent employee having min 5 years of service • Take back land at least 1 year before retirement

  19. GROW MORE FOOD • Licensed for a period of 5 years • Size of plot to be generally 2 Ha • Licensing fees to fixed based upon the expected annual revenue. Generally it is 1/4th to 1/3rd of this and should be decided by DRM. Minimum license fee to be Rs. 1 per sq. m per annum

  20. GROW MORE FOOD • Initial licensing for 2 years is done by Division and subsequent done by AEN’s office • Details of plot maintained by IOW/AEN for their jurisdiction • No permanent structure to be allowed on such land • Not to be given to same employee after completion of 5 years • Main thrust of this scheme is prevention of encroachments

  21. CUSTODY OF RAILWAY LAND

  22. (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.

  23. (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.

  24. (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.

  25. (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.

  26. 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

  27. 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

  28. 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.

  29. 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

  30. 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

  31. 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

  32. 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.

  33. 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

  34. 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.

  35. 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

  36. 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.

  37. 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.

  38. 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.

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

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

  41. 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

  42. 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.

  43. 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

  44. 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.

  45. 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

  46. 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.

  47. 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.

  48. 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

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

  50. 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.

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