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    TI-11-land Aquisition in Bro

    Uploaded by

    ujjawaldaharwal

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    © All Rights Reserved
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    DIRECTORATE GENERAL BORDER ROARS TECHNICAL INSTRUCTION NO. 11 (REVISION — 1994) LAND ACQUISITION IN BRO TECHNICAL INSTRUCTION No. 11 (REVISION-1994) ON LAND ACQUISITION IN BRO INTRODUCTION A huge amount is being Invested in the development of highway systems. A large portion of this expenditure is incurred on land for the acquisition of needed right-of-way for roads as well as for establishing units and camp sites, In the past, the activities of BRO were mostly in the remote virgin hills where acquisition of land did not pose much problem, but now there Is more strain on available land due to various developmental activities.” Moreover, BRO has expanded its activities and is taking up the construction of state spon- sored roads, NHs, Airfields, etc. in other plain, urban and built-up areas where land cost has gone very high. Even in remote hilly areas, the acquisi- tion of land has become a major problem due to ecological and social restraints. This dictates a careful approach in the selection of the right-of- way sites to minimise costs of acquisition, speedy action to acquire land and to pay the due compensation for the land, This Technical Instruction has been prepared to provide some basic informations and guide lines to deal with this subject. This Technical Instruction supersedes DGBR Technical Instruction No. 11 and all amendments issued thereto from time to time and will be known as DGBR Technical Instruction No.11 (Revision-1994). It will be applicable with effect from 01 July 1994. Acquisition of right-of- way is based on recognised procedures and tech- nicalities growing out of policies laid down by various State/Central Govt. legal and judicial directions. This Technical instruction does not embody the complex ramifications of land acquisition but gives generat guidelines on aspects like land requirement, method of acquisition, payment of due com- pensation and encroachment. This Technical Instruction will be applied with reference to various procedures and laws of the State where the land acquisition is being done and other laws applicable to the subject. DEFINITIONS The definitions of various land widths referred in this Technical Instruction are given in succeeding paragraphs. Fig. 3 (Para 4.6.1) may be referred in this connection. Carrlageway — It is that portion of roadway which Is designed and con- structed for vehicular traffic. The carriageway may be paved or unpaved. 2.1.6.1 2.1.6.2 2.1.6.3 2 eg: | 2.1.7.2 2.1.7.3 2.1.8 Roadway/Formation Width — It is the finished top width of earthwork in fill or cut for receiving the road structures, including berms/shoulders, drain(s) and parapet (s). Road Land Width — It is also termed as Right-of-Way and is the land width acquired for road purposes. Bullding Line — A prescribed distance from the road, in which building ac- tivity should not be allowed, which is defined by a hypothetical line set back from road boundary, is called the building line. Control Line — It is the distance beyond the building line, in which control on nature of building activity is desirable, is called the control line. Highway Authorities — Name of the Govt. agencies responsible for Con- struction and Maintenance of the thoroughfare, Street, Lane, Bridie path or a Foot path, surfaced or unsurfaced, where land owned by Govt.or local authority have acquired a right-of-way and includes:- The slopes, Berms, Borrow Pits, Foot Paths, Pavements and Side Drains of any such thoroughfare. All Bridges, Culverts, permanent works like Retaining/Breast Walls, Toe Walls, Causeways/Carriageways or other Road Structures built on or across thoroughfare. Trees, Fences, Posts and other Road Side Appurtenances on the thorough- fare or on the land attached to the thoroughfare. Encroachment — means unauthorised occupation of any Road Land Width (Right-of-Way) or part thereof and includes :- The erection of a Building or any other Structure, Balconies, Porches, Chajjas or Projections, or Over Hanging on the Highway Land. Occupation of highway land beyond the prescribed periods, if any, for stacking building materials or goods of any other description or exhibiting ar- ticles for sale, for erecting Poles, Tertts, Pandals or for Parking Vehicles or Sta- bling Animals. Excavation or dumping of any sort/material made or extended on any highway land. Highway Boundary — means the boundaries of the highway, whether visibly demarcated or not, within which it contains the areas of land constituting the highway or land reserved or acquired for widening the highway. Sight Distance — means the distance along the Road Surface at which a 2.1.10 2.1.17 2.1.12 2.1.13 2.1.14 3.1 3.2 3.3 driver has visibility (clear view) of objects stationary or moving at a specified height above the carriageway within the safe stopping sight distance of vehicles. Plain Terrain — is a terrain where the cross slope of the country is generally less than 10 percent. Rolling Terrain — is a terrain where the cross slope of the country is between 10 to 25 percent. 7 Mountainous Terrain — is a terrain where the cross slope Is ranging between 25 to 60 percent. Steep Terrain — is a terrain where cross slope of the country is generally greater than 60 percent. Built Up/Open Areas — “Built up" areas can be defined as the areas in the vicinity of town/village which are enclosed /covered with buildings and therefore not available for road land purposes. Similarly Open areas can be termed as areas which are not'enclosed /covered and available for road land purposes. LEGAL AUTHORITY Every State has the legal authority to acquire land for highway purpose by acquisition, transfer, gift, purchase and other procedures prescribed under the law of the State. The law contemplates that the owner shall be paid just compensation. It also provides proper safeguards to protect the property rights of every citizen/Institution. Every State has passed legislation authorising the State revenue or other authorities to acquire necessary right-of-way for highway purposes. While the procedures for acquisition vary from State to State, every jurisdic- tion/authority provides certain standards and procedures in exercising the authority. These legal procedures, local statutes and governing policies will be obtained and properly documented by the HQ Border Roads Task Forces and a schematic plan will be prepared to regulate the progress of the land acquisition. A Standing Operative Procedure(SOP) will be prepared by every Project Chief Engineer and copy forwarded to all TFs including HQ DGBR for easy workable references. There are two provisions of land acquisition (i) by normal method (ii) under emergency powers of the State. In either case, HQ Task Force will project their demand to the local State Govt.Authority i.e. District Collector/LAO. However, the authority for categorisation rests with the State. 4.2.1 4.2.2 4.3.2 ACQUISITION OF RIGHT-OF-WAY No activity will be under-taken without acquiring the right- of-way under the law. Acquisition for right-of-way will be required for the activities including but not limiting to the followings:- (a) Survey for the route determination (b) Land for the road work (c) Land for Permanent bridges, Bridge Approaches, Camps and setting up of Construction Plant sites (qd) Land for the borrow pits for earth Right-of-way for Survey of Route Determination The ground survey by traversing the land and property of citizens will require the right-of-way. As per the general procedures,the tentative alignment will be marked on the revenue map with the summary of the affected land revenue areas. The documents will be submitted to the local authorised State Revenue Officer for approval and permission to the unit to do the survey work for highway project. The restrictions placed in the permission and also as required under the law of the State will be respected and followed. Land for the Road Works The revised classification and nomenclature of roads with BRO will be as under (Refer T.I. No. 1 - Revision 1991 ):- (a) National Highways (NH) (b) State Highways (SH) (c) Major District Roads (MDR) (d) BRO Class 9 (N) Roads (generally conforming to IRC Other District Roads (ODR) ) (e) BRO Class 5 (N) Roads (generally conforming to IRC Village Roads (VR) ) The elements of road showing the road boundary line are given in Fig. 1 and Fig. 2 as under for Roadway in Cutting and on Embankment respectively:- shou.psn/oaam | 1 2 ROADWAY ! wa? I 1 1 ' | CARRIAGE Way 1 Nig ro SHOULORR/ O ' ' 1 Bann \z 2 1 + CROWN It Z| > a Vy! 1] zI 18 z é SIDE DRAIN {5 valley o 3) \° 9] :, ROADLAND WIDTH + FIG. 1 ELEMENTS OF A ROADWAY IN CUTTING ! | ‘ ! ROADWAY | wy | sttouwven. CARRIAGEWAY 1 HOULDER iE z 3 ——- T 3| Iz < © ) Si WEDRAW {é a e- ‘SIDE DRAW = z! ] a 3 & . : al | 2 $ 3 $ Z ROADLAND WIDTH |" FIG, 2. ELEMENTS OF A ROADWAY ON EMBANKMENT 4.3.3 The Road width for BRO Class 9(N) and Class 5(N) will be guided by DGBR Technical Instruction No. 1 (Revision-1991) and for NH, SH and MDR by IRC: 73~1986. Table-| will be followed as a guide line for acquisition of Road Land Width/ Right-of-Way for different classes of roads. Sr. No. PeNo bt 2g) TABLE 1 STANDARDS FOR ROAD LAND WIDTH/RIGHT-OF-WAY REQUIRED FOR ACQUISITION Class Plain and Rolling terrain Mountainous and Steep Terrain of Road — FMN/Rd- Road land Fmn/Rd- Road Land = Width Way Width Widtt/Right Way Width (Mtr) of Way (Mtr) Open Built-up Open Built-up. areas areas Areas Areas (Mitts) (Mitrs) {Mits)

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