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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.)
 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
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.

4
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.

5
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 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.


Classification of Land

A.Custody & Management of Land


 Constitutional Provision

 Railway Act Provision

 Provision in Engg code & Manual

 Encroachments

 PPE Act provision

9
Classification of Land
B. Earning from Land Resources
 Licensing of Land
 Leasing
 Property Development
 Commercial Plantation
 Way leave
 Grow More Food

10
LAND MANAGEMENT

Custody & Management of Land Earning from Land Resources

Constitu- Rly. Act Provision Encroach- PPE Act Licensing Leasing Property Commercial Way Grow
tional Provision of Engg. ments Provision of Land Develop- Plantation Leave More Food
Provision Code ment
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.

12
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.

13
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.

14
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.

15
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.

16
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.
17
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.

18
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.
19
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.

20
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.

21
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.
22
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.

23
Leasing & Licensing
In Leasing there is danger No such danger in licensing
of accrual of occupancy cases.
right.
In leasing of land duration In licensing duration is
is long i.e. 99 yr. Or 35 yr small and under revision of
etc rent annually.
In lease 99% of land cost Licensee can not use land
already obtain and leasee for the purpose other than it
free to use land. is granted.
Leasee can create tenancy No such right is
resulting in higher return permissible.
and earning.

24
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.

25
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.

26
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.
27
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.
28
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.

29
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.

30
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.

31
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.

32
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.

33
Way leave facilities/ Easement
Rights

For more details about online application,


application status, Agreement etc
https://ircep.gov.in/WLRMS/
35
PROPERTY DEVELOPMENT
It is one of the new areas identified to enhance earning
from non-conventional sources. Broadly includes -

 COMMERCIAL  SHOPPING PURPOSES


DEVELOPMENT
CIRCULARS FOR COMMERCIAL
DEVELOPMENT
 Delegation of powers to GMs  2000/LM(L)/2/21
for engagement of consultants
dt.18.5.2000
(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  2000/LML/2/58
Commercial Development dt. 1.2.01

 Re-imbursement of the  2000/LML/2/


expenses to nodal agency 51 dt.30.11.2000
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.

38
CUSTODY
OF
RAILWAY LAND

39
(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 SERIES OF LAND PLANS FOR THE ENTIRE
RAILWAYSHOULD BE MAINTAINED IN CE’s OFFICE

 ORIGINAL TRACINGS DULY CERTIFIED BY STATE


GOVERNMENTS SHOULD BE KEPT AS PERMANENT RECORDS
IN CE’s OFFICE.

 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……
 DURING CONSOLIDATION AND SETTLEMENT
OPERATIONS THAT TAKE PLACE AFTER CERTAIN
INTERVALS, RE-SURVEY OF ALL THE VILLAGES IS
CARRIED OUT BY CONCERNED REVENUE
AUTHORITIES.
 DURING THE OPERATIONS, THE SHAPE OF THE
RAILWAY LAND PLANS AND THE TOTAL AREA
AVAILABLE WITH THE RAILWAYS MAY GET
OBLITERATED IN REVENUE RECORDS.
 DURING SUCH OPERATIONS, THE CONCERNED
SECTION ENGINEERS(WORKS/P.WAY) KEEP A
TRACK OF SUCH OPERATIONS TO ENSURE THAT
RAILWAY’S LAND IS KEPT INTACT IN REVENUE
RECORDS.
45
PARA – E-850:MAINTENANCE OF LAND
RECORDS

PARA 806 OF IRWM contd……

 IN FULFILLING THIS RESPONSIBILITY, THE


DIVISIONS MAY TAKE SUITABLE ASSISTANCE
FROM THE LAND CELL OF THE CHIEF
ENGINEER’S OFFICE.
 ALL LAND PLANS SHOULD BE TRANSFERRED
TO MICRO FILMS. SUFFICIENT COPIES
SHOULD BE KEPT IN HQ AS WELL AS DIVN.
OFFICE.

46
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

47
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

48
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
DIVISION ------------- RAILWAY -----------------------
SECTION ------------------------------
ENGG. LAND STN. DESCRI AREA( COST OF REF. TO GOVT. DATE OF REMAR
DIVN. PLAN OR PTION IN LAND CORRESP RESOLUTION CONSOLI KS
NO. KILOME HECT.) ACQUIS. ONDENCE S AND DATE DATION/M
TERAG / OF UTATION
E RELINQUI SANCTIONIN WITH
S. G THE REV.
TRANSFER AUTH.
OF LAND

49
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

50
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.

51
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
52
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.

53
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
54
PARA - E-1048 :PERIODIC VERIFICATION OF
LAND BOUNDARIES & ENCROACHMENTS
AS PER PARA 813 OF IRWM

 Every zonal railway administration is responsible for


demarcation and periodical verification of the boundaries
and maintenance of proper records.

 The se(works) shall inspect and maintain the land


boundaries at important stations and in railway colonies.
 The se(p.Way) shall inspect and maintain the railway land
boundaries between stations and at unimportant stations.

 Se(w/p.Way) shall prevent and remove encroachments in


their areas of jurisdiction.
55
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.
56
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

57
FENCING
PARA 811 (ii) FENCING SHOULD BE PROVIDED AT
THE FOLLOWING LOCATIONS:
 For specified lengths on either side of level crossings
 Around busy station yards for 30m width on either
side
 In municipal limits and notified area limits and in
proximity to villages or such localities where huts or
houses are close to railways line.
 For protection of railway land from encroachments

58
LAND BOUNDARY VERIFICATION
CERTIFICATE
Year -------------------- Section---------------------- Kms.--------------- to-------------
Section Engineer(P.Way/Works----------------- Sub Division----------------------
Division------------------------------------------------------------------------------------------------------------
I,--------------------------Section Engineer ( works / P. way ) 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.
Station Location Rly. Employee Soft / hard Area in Sq.m.
premises / KM / EM Reference to / outsiders
colony / mid Station encroachment persons /
section ( from- to ) plan others

1. 2. 3. 4. 5. 6.
Value of land approx. Approx. period Purpose: Action Taken Remarks
Value Basis market since Personal / to remove
rate / notified encroachment Commercial /
rate / Rough existing religious /
assessment Social other

7. 8. 9. 10. 11. 12.


59
PARA - E-1048 : PERIODIC
VERIFICATION OF LAND BOUNDARIES
DETAILS OF MISSING BOUNDARY STONES

DATE OF LOCATIO DESCRIPTION OF ACTION INTIAL OF REMAR


INSPECTIO N MISSING TAKEN INSPECTI KS
N BOUNDARY NG
STONES OFFICERS
Km BOUNDAR
Y STONE
NO

60
PROFORMA FOR LAND BOUNDARY
VERIFICATION REGISTER
ANNEXURE 8.1(a) PARA 813(d) (LEFT SIDE OF
REGISTER)
DETAILS OF BOUNDARY STONES BETWEEN
KILOMETER ----- AND----

DATE OF DESCRIPTION OF ACTION INTIAL OF


INSPECTION MISSING BOUNDARY TAKEN INSPECTING
STONES OFFICIALS
L R

61
Land Records Register

 This register has to be maintained in


Headquarters/ChiefEngineer’s office as well as
in Divisional/Executive Engineers’ office. As per
the model JPO of September 2001, a register of
total railway land with up to date entries shall be
maintained by the Section Engineers (Works) of
the Engineering Department.
 RB_LAND_Boundary_ circulars\ID-125.pdf

62
DUTIES OF ENGINEERING
OFFICIALS
DUTIES OF SSE/WORKS
Maintenance of land boundaries, within station premises
(if HQ office is within station premises ) & within/around
colony premises.
Maintenance of land record.
To carry out inspections of encroachments and record
details of inspection in encroachment inspection register.
To carry out inspections for land boundary verification
and record details of inspection in land boundary
verification register.

63
DUTIES OF ENGINEERING
OFFICIALS

DUTIES OF SSE/WORKS

Removal of encroachment.
During inspections of higher officers from the
division and zonal Railway, the SSE will keep the
land register with him.

64
DUTIES OF ENGINEERING
OFFICIALS
DUTIES OF SSE/P.WAY
Maintenance of land boundaries, in between station limits.
To carry out inspection of encroachments and record details
of inspection in encroachment inspection register.
To carry out inspections for land boundary verification and
record details of inspection in land boundary verification
register.
Frequency of Inspection shall be at least once in a year by
SSE (P.Way)/incharge and by JE(P.Way)/Sectional once in 6
months.

65
DUTIES OF ENGINEERING
OFFICIALS

DUTIES OF SSE/P.WAY
Random verification of land boundary during
push trolley inspection.
Removal of encroachment.

Keep land record register with him during higher


official inspection from Division/Zonal Railway.

66
DUTIES OF ENGINEERING
OFFICIALS
DUTIES OF ASSISTANT DIVISIONAL ENGINEER
Up to date land plans should be available in the
AEN office and copies should be made available to
the field inspectors.
To ensure that every SE(Works/P.Way) maintains a
land record as per Para 806(b) and all entries in the
register are upto date.
Land records register should be checked annually
by AEN and observation to be communicated to
SE(Works/P.Way) in writing.

67
DUTIES OF ENGINEERING
OFFICIALS

DUTIES OF ASSISTANT DIVISIONAL ENGINEER


To ensure that SE(Works/P.Way) inspection for
encroachment and land verification are being done
as per schedule.
Removal of encroachments.
During inspections of higher officers from the
headquarters and railway board, the land register
will kept by the AEN with him.

68
DUTIES OF ENGINEERING
OFFICIALS
DUTIES OF Sr.DEN/ DEN
To ensure availability of land records at all times.
During consolidation and settlement operation total land
area available with the railways may get obliterated in
revenue records.
Concerned SE(W/P.Way) keep a track of such
operations to ensure that railway’s land is kept intact in
revenue records.
Final land plans, after mutation entries are carried out,
should be sent to the Chief Engineer’s office for safe
custody and record.

69
DUTIES OF ENGINEERING
OFFICIALS
DUTIES OF HOD IN HEADQUARTER:
Complete series of land plans for the entire railway
should be maintained in the Chief Engineer’s offices.
(Para 850 of Engg code)
The original tracings that are duly certified by the State
Government should be kept as permanent records in the
C.E’s office.
Sufficient copies of certified plans should be made out
and supplied to divisional engineers.
Ensuring availability of land plans in PCE’s office at all
the time.

70
DUTIES OF ENGINEERING
OFFICIALS

DUTIES OF HOD IN HEADQUARTER:


Scrutinizing the registers related to land
boundary/encroachment/boundary pillars
submitted by Sr.DEN/DEN
Monitoring of pending cases of mutation of land.
Taking action for removal of encroachments
and monitoring the progress of their removal.

71
INSPECTION SCHEDULE
Subject Inspection schedule in connection with land matters
Division H.Q.
SE/SSE/ ADEN DEN/ Sr.DEN/Co. HOD
Works or P.
Sr.DEN
Way
Checking of Yearly Yearly Yearly Yearly Yearly
condition and
availability of
land plans
and Land
record
Registers.
(Tables 1 to
4)
Checking of Quarterly Yearly Yearly During During
Land inspection inspection
boundary especially on especially on
registers and vulnerable vulnerable
field locations. locations.
verification of Details be Details be
boundary furnished in furnished in
72
pillars and the Inspection the Inspection
INSPECTION SCHEDULE
Checking of Quarterly Once in six Yearly During During
Encroachment months inspection inspection
Inspection
Register &
certificate on
number of
existing
encroachment.
(Tables 8 and
Certificate 2)
Certificate for Quarterly Once in six Yearly Yearly Yearly
number of new months
encroachment.
(Certificate 3)

73
Checking of Mutation Quarterly Once in six Yearly Yearly Yearly
Entries of land months
acquisition in
Revenue records &
obtaining mutation
certificate from
concerned land
Revenue authorities.

Handing over of land It should be ensured/confirmed/certified while taking over the new line
related records of new projects, that the following documents handed over by Construction
line projects by Organization and taken over by Open Line.
Construction 1)Indent placed on Revenue authority for acquisition of land.
2) Shajra duly verified
Organisation.
3) Notification for intention for acquisition of land.
4) Notification for declaration for acquisition of land.
5)Award.
6)Taking/ handing over note.
7)Attested copy of mutation.
8)Land plan duly verified by the revenue authorities showing details of
mutation.
9)Land record register
Note: The handing over and taking over of all the above
74 documents have to be confirmed by CAO(C) and PCE.
Land, plots, Once in six Yearly During the inspection, the following items
shops, etc., months to be checked:
1) Whether the payment made are up-to-
leased
date.
/licensed by 2) Whether ownership as per site
Railway verification
is same as that in the Agreement.
3) Whether the total area of land occupied
is
same as allotted

NOCs Keep a Keep a During During During


granted for constant look constant look inspection inspection inspection
construction out for any out for any
of Govt & unauthorised unauthorised
Private extenstion/ extenstion/
buildings new new
near Railway construction. construction.
land

75
Checking of Keep a Once in six During During During
extension/new constant months inspection inspection inspection
construction of look out for
religious any
structures unauthoris
ed
extenstion/
new
constructio
n.
Inspection of Quarterly Once in six Yearly During During
colony months inspection inspection
regarding
boundary walls/
fencing/
boundary
pillars/
encroachment
NOTE: specific notes related to land matters as mentioned above must be
reflected in inspection note for items inspected during the inspection.
76
TABLE : DETAILS OF LAND PLANS

77
TABLE : DETAILS OF MISSING LAND
PLANS

78
TABLE : AUTHENTICATION OF LAND PLANS

79
Table : Details of damaged land plans

(Details of this Table should tally with contents of Column 12


80
Table : LAND RECORDS REGISTER
Division ……………………. Railway
……………………… Section
……………………….

81
INDEX: Land boundary verification
registers (LBVRs)

INDEX

Sl. No. Block Section/Station Page No. Remarks

From To FROM KM TO KM

1 2 3 4 5 6 7

82
Land boundary pillars:
(Right Side of Register)

PLAN SHOWING RAILWAY BOUNDARY STONES BETWEEN

Km…………………………… To…………………………..

Between Station…………………………… To…………………………..


Left Track Correctness
Right of offsets wrt
Km/
track centre
Pillar No. Distances Pillar No. Distances
C/L of the
(mt) (mt)
reference
track
1 2 3 4 5 6

83
Table : INSPECTION DETAILS OF
BOUNDARY STONE BETWEEN KM…
TO… (Left side of Register)

Date of Location Description of missing Action Initials of Remarks


inspection boundary stones Taken Inspecting
KM Boundary Officers
Stone No.

1 2 3 4 5 6 7

84
CERTIFICATE : LAND BOUNDARIES
VERIFICATION CERTIFICATE
Year ______________ Section______________
Kms.______________ to______________
Section Engineer (P. Way/Works)_______Sub
Division______________ Division______________

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 the certified land plans. There have been no
encroachments except at the following kilometerages
that have been reported upon vide reference given
against each.

85
Table :Details of Encroachments

further certify that boundary wall/ 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.
86
Table Details of missing boundary stones
Date of Location Description of missing Action Initials of Remarks
inspection boundary stones Taken Inspecting
Officers

KM Boundary
Stone No.

1 2 3 4 5 6 7

87
CERTIFICATE IN LBVR
Certificate
1. I certify that Railway boundaries are demarcated correctly that there are no
encroachments, except those listed above and there is no new encroachment
2. Certified that authenticated land plans pertaining to the above mentioned Section
Engineer (Works/P.Way)___________________are available with him except the
following.

3. Certified that land boundary pillars have been provided in accordance with the
authenticated land plans except the following locations.

Asstt. Engineer
DEN/SrDEN
Chief Engineer General

88
Table : Encroachment inspection
registers
(Left Page)

1. Location
2. Name of encroacher
3. Father’s name & address
4. Area occupied
5. Use of land ---------- Commercial/residential/Cultivation)
6. Date of commencement of unauthorized occupation
Date 7. DateofonAction
which encroachment
taken Date of came to the
Removal notice
Initial for first time,
of Inspecting
inspection/Review
8. Reference of File No official

Note: The encroachment plan has to be prepared to scale and pasted on the
right side of EIR.

89
CERTIFICATE : EXISTING ENCROACHMENTS

Section Engineer (Works/P. Way) shall give a certificate in the following


proforma, once in three months which shall be verified and countersigned
by the concerned AEN.

Detail of Jurisdiction

"I............................................., Section Engineer (Works/P. Way) certify that I


have inspected the Railway land in my section during the quarter
ending ..................and there have been no encroachments except at the
locations shown in this register, that have been reported upon vide
references given against each."
sd/-

Section Engineer (Works/P. Way)

90
CERTIFICATE : New encroachments
Section Engineer (Works/P. Way) shall give a certificate in the following proforma, once
in three months, which shall be verified and countersigned by the concerned AEN.

Detail of Jurisdiction
Certificate

"I............................................., Section Engineer (Works/P. Way) certify that I have


inspected the Railway land in my section during the quarter ending ..................and
certify that in my jurisdiction there is no new encroachment/___no of encroachments
added/ developed during period ………………..”

sd/-
Section Engineer (Works/P. Way)
(Note: For encroachment on Railway land, the responsibility has been distributed among
different departments viz; station area, between stations settlements where SSE
(works) is headquartered/not headquartered, workshops, locosheds etc. In case of
new encroachments the signatures of concerned Sr sub-ordinates of other
departments also will be required on similarly worded certificates, which should be
filed in a file, with an endorsement to this effect in the EIR and reported to higher
officials)
91
ENCROACHMENT
RESPONSIBILITY

 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.
ENCROACHMENT
RESPONSIBILITY
 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
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

1.Within station premises: SM & RPF personnel


2. Within/around the colony premises SE(Works) & RPF Personnel
3.In between stations SE (Works/P.Way) & RPF Officials
4. In/around loco sheds SE(Loco Shed) & RPF Personnel
5. In/around carriage &wagon depots SE(C & W) & RPF Insp.
6.In/around workshops SE (Workshop) & RPF Official
SALIENT FEATURES OF JPO FOR
ENCROACHMENT REMOVAL

o 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

o LIABILITY FOR DAR ACTION: OFFICIALS


RESPONSIBLE FOR NEW ENCROACHMENT
TO BE TAKEN UNDER DAR.

o 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)
Audit view: 2008 Report
Highlights

 Separate land management cells were not in


existence in most of the zones and the
divisions. Even in the zones/ divisions where
such cells existed, the officials were entrusted
with other duties. In some zones/divisions, no
training was imparted to officials posted in
these cells. Officials nominated as Estate
Officers to decide the cases of encroachments
under PPE Act were not given proper training.
AV: Delays in acquisition of land
 Delays in acquisition of land had an
adverse impact on railway projects.
Mutation of land acquired was not done
with the respective revenue authorities. In
some cases, the land acquired for the
projects were not handed over to the user
departments. Forty one cases of land
acquisition processed as far back as five to
ten years were still not finalised.
AV: Land records registers
 Land records registers were not being
maintained at zonal, divisional and field levels
as per codal provisions and instructions
issued by Railway Board. As such, the land
holding position reported at various levels by
different authorities was not susceptible to
verification. Land boundary verification and
encroachment inspection registers were not
being maintained by 97 out of 212 SSEs
offices checked.
AV: Inconsistencies
 Inconsistencies prevailed in reporting facts and figures
on various basic data pertaining to land holdings,
vacant land, encroachments, land plans, verification of
records with the State Revenue Authorities,
construction of boundary walls etc at various levels of
the zones. Instances of title disputes/forged sale of land
by the private parties were noticed in some zones. In
one case in WR, railway administration failed to take
back timely possession of land measuring 159.91
hectares from the State government 32 years after
closure of the narrow gauge line on Ujjain-Agar section
as it could not prove its ownership.
AV: Boundary wall

 There was shortfall in construction of


boundary wall in various divisions of the
zones. Shortfall in construction of boundary
wall was attributed to shortage of funds,
non-finalisation of estimates,
nonfinalisation
of tenders, failure of contractors and non-
availability of material.
AV: Encroachment
 There were 220152 encroachment cases as on 1
April 2004. Though an assurance was given in the
Parliament during 1999 that there will be no fresh
encroachments, as many as 16109 new
encroachments crept in. Encroachments observed
in 46 locations during joint inspection conducted
by the Audit and the Railway were not shown/
shown inaccurately in the railways records by the
concerned SSEs/Ses. There were 26,108
encroachments in the safety zone at the end of the
year 2006-07 out of which 1249 were new
encroachments.
AV: PPE Act

 45581 cases were pending under the PPE


Act. Pendency of cases was attributed to
non-production of required documents i.e.
Khasra of land, Land plan & Title deed of
land etc. In 21654 cases decided by the
Estate Officers, orders to evict encroachers
from the land were not implemented.
AV: Land given to CONCOR

 The policy of charging of license fee for the


land given to CONCOR on the basis of
TEUs handled instead of linking it with the
market value of land resulted in loss of
revenue to the extent of Rs.551.26 crore
during the period 2004-07.
AV: Licensing
 Out of 33504 cases under licensing, agreement is
yet to be executed in respect of 14305 cases. There
were delays in renewal/execution of license
agreements ranging from 3 to 5 years in 90 cases,
5 to 10 years in 2427 cases and beyond 10 years in
16588 cases. A comparison of the land value based
on 1985 valuation and the current market value in
55 cases in six zones and Metro Railway indicated
that in 42 cases, the license fee fixed was lower
than the current market value resulting in loss of
revenue of Rs.15.69 crore during the period under
review.
AV: Uniformity in levy of various
charges

 There was no uniformity in levy of various


charges among the zones and within the
divisions in a zone. Railway Board has not
issued any guidelines ensuring uniformity
in recovery of way leave charges.
Audit Recommendations

 IR needs to strengthen its land management


organization by paying greater attention to
staffing and training related issues.
 Cases of delays in land acquisition should be
dealt with through constant liaison with state
revenue authorities etc in view of their adverse
impact on projects. The procedure for mutation
and handing over of land to the construction
department should be streamlined in order to
minimise delays
Inconsistencies in data

 IR needs to address the issues of, deficiencies


in maintenance of different registers and
documents and differences vis-à-vis the
records of state revenue authorities on priority
basis.
Disputes related to title of land

 IR should make sustained efforts to settle the


disputes related to title of land. Further, a
review of all such cases should be done and
dealt with on a fast track basis.
 Priority should be accorded to construction of
boundary walls to prevent encroachment.
List of Reference
 Indian Railways Act IX of 1890, as amended Railway
(Amendment) Act 2008.
 Indian Railway Works Manual 2000
 Indian Railways Code for the Engineering Department
(1999)
 Public premises (eviction of Unauthorized Occupation)
Act 1971Railway property unlawful possession act.
 www.cag.gov.in (Report No.PA8 of 2008) & (Report
No.24 of 2015 (Railways) Volume II
 www.indianrailways.gov.in land & Amenities
Directorates.

11
THANK YOU

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