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OVERVIEW LAND MANAGEMENT ON INDIAN RAILWAYS. LAND – Definition. Land is in ordinary sense includes all standing trees, buildings, fences, stones and water as well as earth we stand on. (Places where entire living and non-living things survive and functions independently.)
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LAND – Definition • Land is in ordinary sense includes all standing trees, buildings, fences, stones and water as well as earth we stand on. (Places where entire living and non-living things survive and functions independently.) • Land sometime refers to, as “dry land is the solid surface of the earth that is not permanently covered by water. • The word ‘Land’ also defined piece of land, territory, province, country like Scotland Dutch land, Swedish land etc.
Stages of Land Reforms in India Given by GOD, owned by Kings, given for use to tillers 16th to 18th century: Shershah Suri, Akbar (Todar Mal), Aurangjeb, Marathas 18th to 19th century: British Survey Maps: 1793 to 1862 Village Maps: 1862 onwards
REPORT NO.24 OF 2015 (RAILWAYS) VOLUME II • Indian Railways owned 4.59 lakh hectares of land (March 2014) out of which 0.46 lakh hectare land was vacant and 930.75 hectares , under encroachment.
STATSITICS AT L&A DIRECTORATE • Indian Railway is the second largest owner of land in the country. • Indian Railways owned 4.32 lakh hectares of land as on 01 April 2006. • 75.71% of the land is used for operational and service in infrastructure. • Balance land is licensed for various purposes such as afforestation, Pisciculture, GMF scheme etc.
STATSITICS AT L&A DIRECTORATE • In Indian Railway, approximately 10.4 percent of land is vacant. • The area of land under encroachments is considerable i.e 1999 hectares. • The break-up of the usage of railway land as on 1 April 2006 is as given below.
Management of Land • Railway land should be managed on commercial lines. • Efforts should be made to develop the resources from available land and put to profitable use. • Any areas which are not eligible for disposal can be put to profitable use.
Available Land. • Any area of Railway land in its occupation not eligible for disposal are lying idle and can be put to profitable use. • Land eligible for disposal. • It is the policy of Railway Board to limit the holding to actual requirement, present and perspective. Every Railway administration should therefore should be in a position to justify the retention of land occupied by them and where unable to do so be classified as eligible for disposal.
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.
Classification of Land A.Custody & Management of Land • Constitutional Provision • Railway Act Provision • Provision in Engg code & Manual • Encroachments • PPE Act provision
Classification of Land B. Earning from Land Resources • Licensing of Land • Leasing • Property Development • Commercial Plantation • Way leave • Grow More Food
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
Broad scope of activities in Land Management • Proper Maintenance of Land Records. • Control of land use • Detection, Prevention and removal of encroachments. • Maintenance of land boundaries • Utilization of land for various purposes by licensing/leasing to other organizations/parties for commercial/other uses including afforestation etc.
Organisational Structure • Land Management at the level of the Railway Board is the responsibility of the Land & Amenities Directorate. • The Primary responsibility of the Directorate is to lay down the policy in regard to Land Management & ensure/Monitor its implementation at the Zones/Divisional level by calling for various reports.
Organisational Structure • At the zonal level, the Principal Chief Engineer under the GM is the implementing and coordinating authority for the various policies/orders issued by the Railway Board. • At the divisional level, the Sr.Divisional Engineer is responsible for execution of various instructions for regulating usage of land, prevention and removal of encroachments, execution of agreements for commercial licensing etc.
Organisational Structure • In the field, Assistant Engineer/Senior Section Engineer (Works/Permanent way) is responsible for maintenance of land records, demarcation of land boundaries. • Detection and prevention of encroachments etc.
LAND & AMENITIES DIRECTORATE L& A directorate deals the following subjects • Management of Surplus Railway land. Licensing/leasing of Railway land to Govt./State Departments, Public Sector Undertakings, Commercial licensing, Retail outlets to Oil Companies, Schools and Welfare Organizations, Railway employees for growing vegetables, crops etc.,
LAND & AMENITIES DIRECTORATE • Commercial utilization of Railway land/Air space. • Policy relating to acquisition of Railway land. • Transfer/relinquishment of Railway land. • Leasing, licensing ,fixation of norms & rates etc. • Leasing/Licensing land to Schools/Staff Welfare Organizations / Religious Institutions. • Licensing of railway land for GMF. • Licensing of borrow pits for fishing. • Licensing of Collieries/mines.
LAND & AMENITIES DIRECTORATE • Earning from land resources. • Policy relating to renewable source of energy. • Dealings with Land Acquisition Act. • Defence of India Act relating to Railway lands. • Public Premises (Eviction of unauthorized occupation). • Encroachments on Railway land - prevention and removal. • Certification/Maintenance of Land Plans.
LAND & AMENITIES DIRECTORATE • Way leave facilities through railway land. • Afforestation on Railway land and environment. • National Policy on Resettlement & Rehabilitation. • Provision of Fencing/boundary wall to prevent encroachments. • Coordination work for all Parliamentary Committee
LAND & AMENITIES DIRECTORATE(Building section) • Building section deals with the Saff and Passenger amenities at Railway colony and stations, • Construction of staff quarters/flats, maintenance of railway quarters, • Indian Railway Welfare Organization (IRWO) • Construction of buildings/staff quarters for KV, • Development of Parks, Statues/Plaques in Railway land
LAND & AMENITIES DIRECTORATE(Building section) • Development of infrastructure on Railway Zones, Construction/Maintenance of officers rest house, Auditorium, Stadium, Cinemas in Railway land etc. • L&A Section also deals with Management of world class Station, Policy frame work, development and standardization of documents etc.
Rail Land Development Authority( RB No. 2008/LML/2/17 dated 27/04/2009) • Rail land development authority established by act of parliament in the year 2006. • RLDA set in January 2007 to deal with commercial development of railway land and air space. • Aim to generate revenue by utilizing surplus Railway land through non-tariff measures. (Commercial exploitation) • RLDA works under the control of Ministry of Railways.
Rail Land Development Authority • Section 11 of railway act amended to include clause “ developing any railway land for commercial use” • The land, which is not required for operational purposes in the foreseeable future is identified by various Zonal Railways and entrusted to RLDA by Railway Board. • So far, 135 sites have been entrusted to the RLDA for development of vacant railway land.
Rail Land Development Authority( Duties and Responsibility of Zonal Railway and RLDA) • Ownership of railway land: Owner/Title remain with zonal railway. RLDA will act and undertake such task for and on behalf of IR. • Sites identified by zonal railway will be sent to railway board after GMs approval. • At the time of identification zonal railway must ensure full possession of unimpaired title of land and land title records, plans and requisite mutation exists in revenue / municipal records in favour of railway.
Rail Land Development Authority( Duties and Responsibility of Zonal Railway and RLDA) • Land entrusted to RLDA shall continue to be in possession of Zonal railway till the time developer is selected by railway and land is handed over to the developer on lease. • It is the duty of Zonal railway to keep the land free from encroachments etc. • Will also shift also all materials/sheds/ other encroachment etc in time to provide vacant possession of land to RLDA.
Rail Land Development Authority( Duties and Responsibility of Zonal Railway and RLDA) • RLDA explore options of commercial development e.g residential, office, complex, malls, hotels etc. • Zonal railway will ensure whenever Master Plan of local authorities are under revision , necessary objection are filed to ensure that all land belongs to railway is shown as “railway land” nor for a particular use like residential etc.
Rail Land Development Authority( Duties and Responsibility of Zonal Railway and RLDA) • A joint demarcation will be done by RLDA and Zonal authority duly signed, if necessary along with revenue authority. • Also a joint handing over note duly annexing land plan with schedule will be prepare by RLDA and Zonal authority. Zonal railway to RLDA and RLDA hand over in turn to developer.
Land Data base software • Land information in land data base software RB Lr.No.2014/LML-II/2/3/dt.01.07.2014 • Land data base software is available on railnet 10.50.19.91/landdatabase • The login and password to access the data base is zonal abbreviation in small letter.
Leasing & Licensing • Leasing of land is not permitted except in cases where it is specifically approved by the railway board. • Land for the purpose of commercial use should be given on licensing basis only. • All leases and licenses should be covered by agreements in the approved form.
Ownership of Railway Land Para 802 of IRWM • The ownership of all land held by the Railway vests in the Central Government. Hence it is the duty of every Railway Administration to preserve unimpaired, the title to all land in its occupation and to keep it free from encroachment.
Custody of Land Para 807 of Engg Code • The Engineering Department or the Department which has custody of the land, is responsible for seeing that it is made use of to the best advantage. • If a portion of the land is not immediately required for the use of the railway, it should be considered whether it can be leased or licensed at a proper rental to outsiders with adequate safeguards for resuming possession as and when required.
Classification of Railway Land Para 818,819 & 820 of Engineering Code On Railways land is divided into two classes • Permanent land: The land which will be required permanently after the railway is open for traffic and the work of construction is complete. • Permanent land distinguished by colour Pink.
Classification of Railway Land • Para 818,819 & 820 of Engineering Code • Temporary land: The land which is acquired for temporary purposes only, and which is disposed of after the work of construction is completed. • Temporary land distinguished by colour Yellow.
Land Records • Basic land records such as Land Records Register, Land Boundary Verification Register and Encroachment Inspection Registers are required to be maintained in accordance with instructions contained in Para 850 of Indian Railways code for the Engineering department and also as per Para 806,807 and 812 of Indian Railways Works Manual.
Land Plans • In terms of Para 850 of Engineering code, a complete series of land plans for the whole line should be kept in the office of the Chief Engineer of Railways. Divisional/Executive Engineers shall be responsible to ensure that records are carefully preserved and kept up to date by noting all changes on the copies of the authorized land plans in their possession.
Land Encroachments • Unauthorized use of railway land is termed as encroachment. • Encroachment can be broadly categorised in four main categories i.e. A,B,C,D type. • Category “A” Encroachment is of the hard type. Category B,C & D Encroachments are of the soft type.
Monitoring of Encroachments • An ABC analysis of the encroachment on the railway land should be done as elaborated in RB Lr. No.98/LML/14/7 dt. 31.03.98 • ‘A’ category stations: Should be monitored at GM’s level through CE/CGE. • ‘B’ category stations : Should be monitored at DRM’s level through Sr.DEN(Co)/DEN(Estate) • Remaining may be monitored at the Divisional Officer’s level.
Way leave facilities/ Easement Rights Para 1033 of Engineering Code • Way leave facilities/easement rights on Railways land involve occasional or limited use of land by a party for a specified purpose like passage etc. without conferring upon the party any right of possession or occupation of the land and without in any way affecting the Railway’s title, possession, control and use of the land.
Way leave facilities/ Easement Rights • For more details about online application, application status, Agreement etc https://ircep.gov.in/WLRMS/
COMMERCIAL DEVELOPMENT SHOPPING PURPOSES PROPERTY DEVELOPMENTIt is one of the new areas identified to enhance earning from non-conventional sources. Broadly includes -
2000/LM(L)/2/21 dt.18.5.2000 2000/LML/2/58 dt. 1.2.01 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
Grow More Food • Utilisation of vacant Railway land for Grow More Food purposes by Railway Employees. • Licensing of surplus railway land to railway employees is permitted in all types of railway land whether in urban or in non-urban areas for Group C & Group D railway staff only.
