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Overview On LM
Overview On LM
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
4
STATSITICS AT L&A DIRECTORATE
In Indian Railway, approximately 10.4 percent of
land is vacant.
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
Encroachments
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
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.
12
Organisational Structure
Land Management at the level of the Railway
Board is the responsibility of the Land &
Amenities Directorate.
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.
14
Organisational Structure
15
Rail Land Development Authority
( RB No. 2008/LML/2/17 dated 27/04/2009)
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Rail Land Development Authority
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Rail Land Development Authority
( Duties and Responsibility of Zonal Railway and RLDA)
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Rail Land Development Authority
( Duties and Responsibility of Zonal Railway and
RLDA)
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Land Data base software
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
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
29
Land Plans
30
Land Encroachments
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
33
Way leave facilities/ Easement
Rights
38
CUSTODY
OF
RAILWAY LAND
39
(i) RELEVANT CONSTITUTIONAL PROVISIONS
PERTAINING TO LAND
46
PARA – E-850:MAINTENANCE OF LAND
RECORDS:
47
PARA – E-850:MAINTENANCE OF LAND
RECORDS:
PARA 807 OF IRWM Contd….
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
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
51
PARA – E-1047 DEMARCATION OF
LAND BOUNDARIES
53
PARA – E-1047 DEMARCATION OF
LAND BOUNDARIES
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
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PROFORMA FOR LAND BOUNDARY
VERIFICATION REGISTER
ANNEXURE 8.1(a) PARA 813(d) (LEFT SIDE OF
REGISTER)
DETAILS OF BOUNDARY STONES BETWEEN
KILOMETER ----- AND----
61
Land Records Register
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.
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
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
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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
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
81
INDEX: Land boundary verification
registers (LBVRs)
INDEX
From To FROM KM TO KM
1 2 3 4 5 6 7
82
Land boundary pillars:
(Right Side of Register)
Km…………………………… To…………………………..
83
Table : INSPECTION DETAILS OF
BOUNDARY STONE BETWEEN KM…
TO… (Left side of Register)
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______________
85
Table :Details of Encroachments
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
Detail of Jurisdiction
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
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
– 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
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
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