Indian Railway Codes and Manuals-Engineering code-Chapter- 8 (VIII)
CHAPTER
VIII
RULES FOR
THE ACQUISITION OF LAND
801.
Applicability. The rules contained in
this chapter are applicable to all railways in India, whether constructed or
worked by Government.
802. How land
is acquired. Whenever land which does
not already vest in the Central Government is required for railway purposes, it
should be taken up under the Land Acquisition Act of 1894 as acquisition under
the Act confers an indefeasible title. The more important sections of this Act
are reproduced as Appendix II of this Code. L and which is already public
property and in which no interests of private persons exist, should not
ordinarily form the subject of proceedings under the Land Acquisition Act. Such
land should be got transferred to the Central Government as indicated in para
812.
803.
Responsibility of Railway Administration. In acquiring land for railway purposes the Railway
Administration is responsible for seeing :--
(a) that it
is necessary to acquire the land;
(b) that the
sanction of competent authority exists for the acquisition;
(c) that
if any departure from the rules is contemplated, the specific approval of the
Railway Board to such departure has been obtained;
(d) that the
purchase price is reasonable;
(e) that
a proper title to the land acquired is secured and kept, and that it is
capable of accurate identification; and
(f) that
the land is utilized to the best advantage.
804. Necessity
for Land. The initial responsibility
for ensuring that land is not acquired without a clear necessity therefore
rests with the heads of departments concerned in respect of land acquired for
their departments. They will be held accountable for the accuracy of the facts
on which the justification for acquisition is accepted by the head of the
administration.
805.
Reasonableness of Price. The ultimate
responsibility for seeing that the purchase price is reasonable rests with the
General Manager and the Engineering Department of the railway; but so far as
the actual valuation of the land is concerned, their chief responsibility lies
in obtaining from the local revenue authorities as accurate an estimate as
possible of the value before initiating proposals for acquisition.
806. Title to
Land. The Engineering Department will
be responsible-- (i) for the preparation of the necessary plans and estimates.
(ii) for taking possession of the land when required from the revenue
authorities, and (iii) for verifying and demarcating its bourdaries and plotting
them on the plans.
807. Management
of Land.-- 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. In particular, 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 (see also
paragraphs 1008 to 1032).
808. Private negotiation, as to the price to be paid, may
be entered into either direct with the owner or through an agent, deputy or
broker, prior to the initiation of proceedings under the Land Acquisition Act,
if thereby, it is considered that appreciable economy would be effected. In
such cases, however, an approximate valuation for purposes of comparison, must
be obtained from the local revenue authority before any settlement is arrived
at. The terms of the settlement should be communicated to the local revenue
authority or other officer specially appointed to acquire the land who though
not bound to do so will ordinarily accept in his award the price thus agreed
upon. The actual acquisition will in all cases be effected under the Land
Acquisition Act.
809. In adopting the
above procedure, the desirability of which should always be considered in the
case of land in the neighbourhood of large cities or other congested areas, it
is essential that it should be made clear whether the price agreed upon does,
or does not, include the additional 15 per cent for compensation due under
Section 23 (2) of the Land Acquisition Act. The terms of settlement should
therefore be in the form of an agreement that the owner is willing to sell for
a specified amount plus 15 per cent for compensation, the sum of the two being
the actual price agreed upon.
810. If an agent
or broker is employed, the payment of any fee to him will require the sanction
of the Railway Board. Such fee should ordinarily be a fixed amount and not a
percentage of the price eventually agreed upon and, if sanctioned and paid,
should be treated as part of the cost of acquiring the land.
811. Transfer
of Land and Buildings between Union and State Government. The transfer of land and buildings between Union and State
Governments are regulated by the provisions of Articles 294, 295, 298 and 299
of the Constitution and subsidiary instructions issued by the Union Government,
contained in para 282 and Appendix II of General Financial Rules. From the
commencement of the Constitution the transfer of land between Union and State
Governments shall be regulated by mutual agreements except when they are
acquired under some Act. The amount payable by the Union Government will
ordinarily be the market value of the land (see para 812) and buildings if any
thereon. The amount payable may include the capitalised value of land revenue
when the transfer causes actual loss of land revenue to the State Government
and if the State Government cannot be pursuaded to forgo the same Solatium of
fifteen per cent payable under the Land Acquisition Act will not apply to such
transfer.
812. (a) Market Value. Market value when
applied to land may be defined as the price which the land would fetch if sold
in the open market subject to the ground rent or assessment shown against it in
the revenue registers, or if no ground rent or assessment shown against it in
the revenue register, subject to a ground rent or assessment levied at the rate
at which ground rent or assessment is actually being levied on similar lands in
the neighbourhood excluding all cases in which such similar lands in the
neighbourhood are held free of ground rent or assessment at favourable or
unfavourable rates of ground rent or assessment.
812. (b) Market
value of the building sold to or acquired from other Departments. When
Railway buildings are sold/transferred/relinquished to or acquired from the
Departments or Central Government/State Governments, the value thereof may be
calculated by taking present day reproduction cost less depreciation on
straight line method plus cost of land at present day rates.
813. Acquisition of Land in Coal Mining Areas.(1)
Land required by the Railways in the Coal Mining areas is usually required
under the Land Acquisition (Mines) Act,1885 on the basis of a declaration that
the `Mines of Coal, etc. in the area are not needed'. The Land Acquisition
(Mines) Act 1885 which now extends to the whole of India except the territories
which immediately prior to 1st November, 1956 were comprised in part B states
does not provide any statutory safeguards against damage being done to the
Railway land and the only way of avoiding damage is to acquire the Mines of
Minerals by payment of compensation under section 5 of this Act. The Mines and
Minerals (Regulations and Development) Act., 1957, provides for the regulations
of mines and the development of minerals under the control of the union, under
section 13 of this Act, the Central Government is empowered to make rules in
respect of minerals. These rules regulate the grant of prospecting licences and
mining leases. Accordingly, the Central Government have made the Minerals
Concession Rules, 1960. Under the rule 27 (1) (h) of these rules on the
conditions of a mining lease is that the leases shall not carry on or allow to
be carried on, any mining operations on any point within a distance of 50
metres from any railway line except under and in accordance with the written
permission of the Railway Administration. Further more in view of the
application of Coal Mines Regulations 1957, specially Regulation 105, no
working can be formed or extraction of pillar can be done or extended to any
point with in 45 meters of the Railway land without prior permission in writing
from the Chief inspector of Mines, which is given on certain conditions to
ensure safety of Railway land. A copy of the application for permission
addressed to the Chief Inspector is required to be sent to the Railway
Administration.
(2) The payment of compensation under section 5 of the Land
Acquisition (Mines) Act can possibly be avoided and at the same time the
necessary `underground support' to avoid danger to Railway land be obtained by
the Rlys. by negotiating an agreement with the individual Mines owners, where
such support is guaranteed in return for loading facilities given on railway
sidings and Assisted and Private sidings, Normally, the railway should adopt
this method for avoiding payment of compensation and at the same time for
obtaining the necessary underground support. But in some cases compensation may
have to be paid for coal and minerals which the mine owners are prevented from
Mining to safeguard railway property.
(3) Under the Land Acquisition (Mines) Act. 1885 cited
above, land can be acquired without the acquisition of mines and minerals. Thus
when Government takes over the land for the use of surface only (e. g., railway
purposes) it may exclude mines and minerals by specific declaration as
contemplated by Section 3 of the said Act. In such an event, the value for
acquisition will be only of surface of land and will not include mines and
minerals. However, in other than Coal Mining Areas, land is usually acquired
under the Land Acquisition Act, 1894. In this Act, the expression `Land'
includes benefits arising out of land and things attached to the earth or
permanently fastened to anything attached to the earth `Land' thus includes
mines and minerals. The Railways can thus acquire subsoil mineral rights by
acquiring land under this Act. In such case the owner of coal mines or the
adjoining Coal mine (if any) is under a legal obligation not to disturb the
right of support in any manner by his underground of the mine and hence has to
take at his expense all protective measures workings to prevent and such
disturbances taking place.
(4) There might be places, however, where the Land
Acquisition (Mines) Act, 1885 does not apply and mineral rights in the land are
reserved to the State Governments under the local statutes. In such cases, it
might be possible for the Central Government to acquire land as the mineral
rights of the State Governments under the Land Acquisition Act, 1894. Where it
appears the Central Government that coal is likely to be obtained from the land
in any locality. it can acquire either the land or the rights in or over the
land under the coal bearing areas (Acquisition and Development). Act, 1957.
However, in order to avoid acquisition in such cases, the railway's property
should be safeguarded by entering into agreements as suuggested in paragraph
(2) above.
(5) Railways have, therefore, the responsibility firstly to
ensure underground support from the owners of underground mineral rights and
secondly to ensure the frequent inspection that the underground support
guaranteed for the railway is correctly maintained. To ensure that these responsibilities
are adequately discharged each railway administration should see that all plans
for the constructions of new railway lines or assisted or private sidings, in
areas close to mines, are signed by the authority nominated by the respective
railway for this purpose, i.e., the Chief Mining Adviser, Dhanbad, in the case
of E. and S. E. Railways. His services may be utilised by the other railways
also, if need be. It shall be the duty of this authority before approving these
plans, to ensure that the alignment is safe and involves the locking up of the
minimum quantity of coal and minerals.
814. Rights to
mines and minerals in areas acquired by or on behalf of the Central
Government. The expression `Land'
includes legal parlance all that is under it. Acquisition of land under Land
Acquisition Act 1894 by the Central Government would include acquisition of
mines and minerals under the land acquired unless a statement as contemplated
by section 3(1) of Land Acquisition (Mine) Act 1885 is included in the declaration
under Section 6 of Land Acquisition Act 1894. If the mines and minerals under
the land acquired belong to the State Government, the State Government is
entitled to claim compensation when land is acquired without such declaration.
Where State Government lands are not acquired under Land Acquisition Act, but
are acquired through private negotiations from the State Government, specific
provision for mineral rights may be made in the transfer deed to avoid any
possibility of payment of royalty to State Government.
815. Riparian
Rights. State Governments are
competent to levy royalty on the water drawn by Railways from the rivers and
other natural sources and also enhance the same unless the Railways enjoy
riparian rights in respect of such water. A riparian land includes only that
land which is substantially adjacent to the stream. All uses are riparian in
which the water is consumed on the riparian land and that all uses are
non-riparian in which the water is taken away from riparian land to be applied
for use for any purpose elsewhere. It will be a question of fact in each case
whether land is actually riparian.
816. Occupation
of Land, Temporary and Permanent. All
land for railway purposes, whether acquired temporarily or permanently, will
ordinarily be taken up in the first instance as for permanent occupation and
valued accordingly. In special circumstances, however, where land is needed for
temporary purposes and where there is little likelihood of the land on the
expiration of the term of temporary occupation being rendered unfit to be used
for the purpose for which it had been utilized immediately before such
occupation, temporary acquisition may be undertaken under Section 35 of the
Land Acquisition Act, provided that such procedure would result in economy.
Waste or arrable land can be occupied temporarily only for a period not
exceeding three years from the commencement of occupation, vide Section 35 (I)
of the Land Acquisition Act.
817.
Classification of Railway Land. With
a view to determine what the disposition of the land will probably be on the
completion of the work for which it had been acquired, the classification given
in paragraph 818 etc. should be adopted.
818. On railways,
land is divided into two classes, viz.,
·
(i) permanent land.
·
(ii) temporary land.
819. Permanent land is land which will be required
permanently after the railway is open for traffic and the work of construction
is complete. Under this head will be included all land to be occupied by the
formation of the permanent line of railway with side slopes of banks and
cuttings, and the berms connected therewith; catchwater drains and borrow pits
or such parts of them as it is necessary to retain; the entrances to tunnels
and shafts belonging to them; the sites of bridges, and protection or training
works; station yards; landing places for railway ferries; ground to be occupied
by works belonging to the railway such as gas works, arrangements for water
supply, septic tanks, collecting pits, filter beds and pumping installations,
& c., ground for the storage manufacture or acquisition of materials; land
for sanitary zones, cemeteries, churches, plantations; gardens, and recreation
grounds, sites for stations, offices, workshops; dwelling houses and other
buildings required for the purposes of the railway, or the accommodation of the
staff, with the grounds, yards, roads, & c., appertaining thereto. Under
this head will also be included land outside the permanent railway boundary,
which will be required for the permanent diversion of roads or rivers, or for
other works incidental to the construction of the railway, which are made for
public purposes and will not on completion of the works be maintained by the
railway authorities.
820. Temporary land is land which is acquired for temporary
purposes only, and which is disposed of after the work of construction is
completed.
821. Extent of
land to be acquired. In estimating
for the extent of land to be taken up for a railway, care should be taken to
make provision not only for the land which will be required permanently for the
purposes of the open lines (such as those indicated in paragraph 819 on
"Permanent Land"), but also for such land as will be required during
construction only, for spoil-banks, side-cuttings, quarries, stacking and
preparation of material, temporary offices, workshops and quarters, and for
temporary purposes generally, to be disposed of after the work is complete.
822. (a) For lines over which traffic is likely to develop
beyond the carrying capacity of a single line within 15 years after opening,
the widths of land to be taken up should be those for a double line.
(b) For lines on which the traffic cannot reasonably be
expected to grow beyond the carrying capacity of a single line within 15 years
of opening, the widths of land to be acquired should be those for a single
line.
(c) The minimum widths of land to be taken up for a single
line should be, under ordinary circumstances, those shown in the sections and
tables, printed as Appendix III. The Railway Administration can reduce the
requirement of land in urban areas or where the cost of land is expensive
(refer para 829). The extent of permanent land will depend upon how many, if
any, of the borrow pits are to be retained after construction is completed.
(d) The orders of the Railway Board should be obtained
before reckoning widths on basis (a).
823. At station yards the cutting or filling for the formation
of the main line and sidings may sometimes be arranged for in the general
levelling and improvement of the plot of ground to be permanently acquired.
Where this cannot be done, provision should be made outside the proposed
boundary of the station yard for such additional land as may be required for
side cuttings or spoil banks. In the case of station yards within or in the
vicinity of large towns or other inhabited area, it is desirable in the
interest of sanitation that excavations, which are likely to prove noxious,
should as far as possible, be avoided or so arranged as to drain off
completely. Special care should be taken to ensure that sufficient land is
taken up at stations. This land should be provided for any reasonable
extensions of the yard which may be expected in the future.
824. In making provision for land for side-cuttings, the
width will, under ordinary circumstances, depend upon the nature of the soil,
height of bank, facilities for getting earth and other local conditions. Under
special circumstances, as for example, in the neighbourhood of large towns or
where land is expensive, it may be advisable to equalize the quantities for
cutting and filling, and take, the material for banks from the adjacent
cuttings.
825. After a line has been opened, it is necessary to have
land from which earth can be dug for repairs to banks and such land should
always be acquired permanently.
826. It would not be economical to reserve land for all
repairs between the bank and the original borrow-pits, because doing so would
increase the lead and consequently the cost of all earth dug for construction
of banks, but it is desirable to have a certain width of land from which earth
can be dug for emergent repairs during or immediately after the monsoon when
the borrow-pits may be full of water. Pits dug for such urgent repairs, inside
the line of original borrow-pits, should not be more than 1 metre in depth and
the width of land for such pits may be taken as equal to the height of bank.
827. The width of berm to be originally set out will therefore
be 3 metres plus width required for urgent repairs (height of bank). Provision
has been made on this basis in the Tables in Appendix III.
828. For 762 mm gauge lines in mountainous country special
arrangements for acquisition of land for borrow-pits to provide earth for
construction and maintenance should be made.
General Arrangement, side-widths, & c.
829. For the line between stations, the general arrangements for
land shown in the sections in Appendix III should be followed. The width of
temporary land to be acquired for borrow-pits or spoil-banks cannot be laid
down, as these depend on (1) nature of soil; (2) depth of sub-soil water; (3)
price of land; and (4) other local considerations. But for ordinary open
country, where land is not unduly expensive and excavation to a depth of 2
metres is not undesirable owing to hard soil or subsoil water met with, the
widths shown in the Tables in Appendix III will be found suitable for banks of
2 to 1 slope. An appreciable decrease in the area of land to be taken up can be
effected by the adoption of greater depths for borrow-pits. It is, therefore,
left to the discretion of Railway Administrations to adopt such depths with the
consequent decrease in the width of borrow-pits as they consider practicable.
For new lines and doublings the acquisition of agricultural lands should be
limited to the bare minimum area to be acquired need not conform to the
arrangement given in Appendix III and the possibility of bringing borrow earth
from elsewhere within reasonable distance or by making deeper borrow pits and
in special cases even reducing the width of berms on either side of the
embankment should be borne in mind.
830. Where
practicable, for low banks or shallow cuttings, the land taken up for
side-cutting or spoil banks should be on one side of the line only (see tables
in Appendix III).
831. In setting
out land for side-cuttings, arrangements should be made for berms at suitable
intervals to allow of convenient access to the line during construction and to
prevent the side cuttings ultimately developing into water courses alongside
the embankment. Width of 6 metres in a length of 60 metres is generally
suitable for this purpose; that is to say, each excavation would be 54 metres
long and separated from the next excavation by an interval of 6 metres of
undisturbed earth. The tables in Appendix III are calculated on the above dimensions.
832. In setting
out land for spoil banks, care should be taken to leave sufficient space for
arrangements for drainage and for catch-water drains, where required, to
prevent surface water from the adjacent land running down the slope of the
cutting Land required for catch-water drains outside the line of spoil-bank
will be additional to that shown in the tables in Appendix III.
833. The sides of
spoil-banks and side-cuttings next the line should be slopped off (as shown in
the sections, in Appendix III) before the earth-work is finished and in setting
out side-widths the distance allowed to the nearest part of the excavation or
spoil bank should be such as to preserve the specified width of strip of clear
unbroken ground after this sloping has been carried out.
834. The slopes
of sides of borrow-pits nearest the line should be the same as the slope
adopted for embankments and this will generally be 2 to 1. The slopes of the
outer side and of ends may be 1 to 1. The slopes of spoil bank should usually
be 2 to 1. A convenient height for spoil bank is 1.5 metres and this has been
adopted for the tables in Appendix III.
835. In taking up
land for embankments a strip one metre width has been allowed for outside. The
outer edge of borrow pits to enable the fence to be erected outside the borrow
pits if required. Where the line is in cutting, the fence can be erected, if
required, at the outer toe of spoil banks and such strip is required.
836. In arranging
the side-widths, the line for the fencing and for the inner edge of side
cutting or spoil-bank should be continued straight in portions as long as
practicable. This is to say, these lines should follow the average variation in
height of bank or depth of cutting over considerable lengths and not be made to
zig-zag to suit the local variation at each chain e. g. Where the variation in
side-widths would be comparatively unimportant it will often be advisable to
neglect such local variations entirely, and take up the land in a parallel
strip for some distance.
Land Plans and Schedules
837. To enable the revenue authorities to take action for
the acquisition of land required for railway purposes, it is necessary that
proper plans should be made for reference by all concerned. The scale for these
land plans should under ordinary circumstances, be 50 metres to cm. but where
this would not admit of sufficient details being shown with clearness, the
scale should be 10 metres to cm. A scale of 5 metres to cm. may, however, be
issued in special cases for congested areas in large towns.
Note. (a) This rule
may be waived when the land to be acquired forms an addition to that already
previously acquired. In such cases the plans showing additions may be drawn to
the same scale as the original plans.
(b) In cases where the existing Revenue maps are not on a
smaller scale than 50 metres to a cm. they may, with the consent of the State
Government, be used for the preparation of land plans. Where, however, the
State Governments have prescribed separate scales for plans and sections in
respect of acquisition of land for railway projects, such scales should be
adopted.
838. The data for
the preparation of land plans should generally be obtained during the progress
of the survey for the location of the line, and general instructions for the
preparation of plans to accompany a project for a railway should be held to
apply also to plans required for the acquisition of the land necessary for the
construction of the railway (cf. paragraph 443 et seq.). The land plans should
also give the additional information required under paragraphs 839 to 841
below.
839. The plans
made out for the first acquisition of land should show the outer boundary line
and all land for whatever purposes it may be required, should be taken up as
for permanent occupation. This land should be distinguished on the land plans
by being coloured pink. This rule applies only to copies of the plans made for
the Revenue Authorities for use in the acquisition of land and is not intended
to prevent Engineers from marking on their office copies the intended
disposition of the land as "permanent" and "temporary" or
any other information which may be found convenient for use during
construction, or for the purpose of estimate.
840. As early as
practicable, after the line is opened and after it is known definitely what
land can conveniently be spared and disposed of, the original plans should be
corrected (or fresh plans made) to show the boundaries of the land required for
permanent occupation (`permanent land'). and also those of the land to be
disposed of (`temporary land'). On these land plans, the two classes of land
are to be distinguished by colour as follows:
·
Permanent land Pink.
·
Temporary land Yellow.
841. As early as
practicable, after the line is opened, the original plan should be corrected
(for fresh plans made) to show the disposition of land as determined after the
work of construction is completed. Detached portions of land should be referred
to some fixed point on one of the main sheets with distance and compass or
other bearings, or such reference to the published maps neighbourhood as will
ensure a ready identification of the land. A corresponding entry should in each
case be made on the nearest main sheet to draw attention to the detached plot.
842. On all land
plans, the position of the boundary of each class of land should be determined
by dimension written on the plan, these dimensions should be sufficiently
complete to enable such boundaries being, at any time, readily ascertained or
verified.
843. The names of
villages to which the land belongs, should in each case, be written on the plan
alongside of the line indicating the village boundary . If the boundary line
crosses the railway line the names should be repeated on the other side of the
railway line and the chainage of the crossing point noted.
844. When
boundary marks have been erected for the demarcation of railway land, the
position and corresponding number of every detached mark should be inserted in
the land plans.
845. The plans
should in short be full and complete and should show all existing roads and
building, and when the latter are known to be used for public purposes or by
special departments, their purposes and ownership should be stated.
846. The land
plans should be made up in sets for continuous portions of land, each set being
complete for a revenue district or charge of a Collector or Deputy
Commissioner. On each end sheet (first and last) of every set of land plans, a
sufficient portion of the continuation sheet of the next set should be
repeated, to enable the two sheets to be connected or traced together if
required. For each set of land plans the sheets should be numbered
consecutively through-out and the name of the revenue district to which the set
relates, is to be marked conspicuously on each sheet.
847. The
schedules showing details of the land required may be drawn up in the forms
numbered 1 to 3 printed as Appendix IV but these are not prescribed as standard
forms for adoption on all railways, as it is recognized that land tenures vary
in different parts of India and that each State Government or Administration
may desire land schedules to be prepared in a form and with particulars to
suits local conditions and local land revenue procedure. Railway Administration
should, therefore, prepare the land schedules in the forms that may be required
by each State Government or Administration.
848. The minimum
number of sets of land plans and schedules required is two-one for the revenue
authorities and one for the railway. Each set of land plans and schedules
should be signed by the Officer immediately responsible for its preparation and
by the Chief Engineer of the railway. In the case of land required for a line
already opened, the General Manager or his authorised representative should
also countersign the plans and schedules before sending them on.
849. Land plans
should be kept up to date either by adding to the existing plans or
substituting new sheets as may be necessary. Each such addition or alteration
should be carefully checked by the officer in immediate charge of that portion
of railway, and attested by his signature. It should be understood that the
land plans at any date should show a clear and accurate record of the land
occupied by the railway on that date.
850. A complete
series of land plans for the whole line should be kept in the office of Chief
Engineer of the railway.
851. Incidence
of Cost of Land. The cost of all land
taken up permanently is debitable to capital irrespective of the amount
involved or whether required for capital or revenue works. In the case of
railways worked by the Government, land required for the manufacture of
materials, as also for the acquisition of materials by quarrying, mining,
boring or other operations and payments of royalty, mining rights etc.
connected with the same should not be included in land estimates, but may be
dealt with as part of the cost of manufacturing operations, or if more
convenient charged off finally to the work concerned. The compensation payable,
for land acquired temporarily under Section 35 of Land Acquisition Act, will be
chargeable to the works or purpose concerned.
852. Where land
is taken up for an unsanctioned railway which is undertaken for the purpose of
affording employment to people as famine relief, all expenditure in connection
with the setting out, demarcation and acquisition of land should form a charge
against the head 345-A/B Indian Railway Policy Formulation, Direction, Research
and other Miscellaneous Organisations until such time as construction of the
Railway project is actually commenced, when it should be brought on to the
capital account of the project.
853.
Establishment charges. The State
Government is entitled under Article 258 of the Constitution to the
re-imbursement of extra expenditure actually incurred over the Land Acquisition
staff and contingencies for the work of acquisition for the Central Government,
a reasonable charge calculated on percentage basis would be justified if the
amount of such extra cost cannot be arrived at otherwise. Cost of litigation arising
out of Collector's award also will be borne by the Railways.
854. The entire
cost of any special establishment which may be entertained under the orders of
Government for the purposes of acquisition is included in the cost of the land
whether incurred by Civil or Railway Disbursing Officers. The term "entire
Cost" includes not only the salary and allowances of the staff so
employed, but also, when contributions for their pensions, and leave salary are
payable under the rules for the time being in force, such contributions, which
will then form part of the "charges of and incidental to the
acquisition" under Section 50 (1) of the Land Acquisition Act.
855. Contingent
charges. Contingent charges incurred
in connection with the acquisition of land for a railway are adjusted in the
same way as establishment charges. It should be noted, however, that no portion
of the cost of any establishment employed by a railway in connection with the
indication of the areas required for acquisition the drawing up of land plans,
schedules, etc., i. e., prior to the notification under section 6 of the Land
Acquisition Act should be included in that of the land, but should be charged
off separately to the work concerned.
856.
Acquisition of Land for quarrying purposes.--Railway
Administrations while acquiring land for quarrying purposes should ensure that
the State Governments do not insert such declarations as would deny quarrying
rights to the Railway. Legally once such declaration is inserted, the State
Governments are entitled to claim royalty.
857.
Acquisition of Forest Land. The land
required for laying down a new Railway line can be divided into two parts :
·
(a) The land on which
the railway line is to be actually laid; and
·
(b) The land required
by the Railway for borrow pits etc.
All forest trees in area indicated in clause (a) above have
to be clear felled but it is not necessary to fell the tree growth in area
indicated in clause (b) above. The trees falling on land required by the
railway for borrow pits etc, will remain the property of the Forest Department,
though the land on which these trees will be standing will remain with the
railway.
858. While
acquiring forest, lands suitable agreement should be made with the Forest
Department covering the following aspects :-
(i) If in future the removal of any tree or trees is
considered necessary by the Railways in connection with train operation the
railway should notify to the Forest Department about it and the Forest
Department would fell and remove these trees quickly;
(ii) If for any future construction on the land acquired by
the railway trees have to be felled, the railway will notify the same to the
Forest Department, and the Forest Department will fell and remove them quickly;
(iii) If an emergency the railway has to fell any trees the
Forest Department will be notified of this being done and the railway will be
paying the compensation thereof; and
(iv) That for trees felled by the Forest Department
according to sub-para (i) and (ii) above no payment will be made by the
Railways to the Forest Department unless the felling of trees is done by the
Railways, in which case the Railways will pay for the trees felled to the
Forest Department.
Multiple choice questions:
1.What Act is used for acquiring
land for railway purposes in India?
- a) Indian Railway Act
- b) Land Acquisition Act of 1894
- c) Mines and Minerals (Regulations and Development)
Act, 1957
- d) General Financial Rules
Answer: b) Land Acquisition Act of
1894
2.Who is responsible for ensuring
that the purchase price of land for railway purposes is reasonable?
- a) Local Revenue Authorities
- b) Chief Mining Adviser
- c) General Manager and Engineering Department of the
railway
- d) Railway Board
Answer: c) General Manager and Engineering
Department of the railway
3.What must be obtained before
negotiating a price for land directly with the owner?
- a) Approval from the Railway Board
- b) An approximate valuation from the local revenue
authority
- c) Permission from the Chief Inspector of Mines
- d) Mutual agreement between Union and State Governments
Answer: b) An approximate valuation
from the local revenue authority
4.What should be included in the
price agreed upon during negotiations for land acquisition?
- a) Additional 15% for compensation
- b) Cost of buildings on the land
- c) Value of any minerals under the land
- d) Fee for the broker
Answer: a) Additional 15% for
compensation
5.Who needs to sanction the fee
for an agent or broker involved in land acquisition?
- a) General Manager
- b) Engineering Department
- c) Railway Board
- d) Local Revenue Authorities
Answer: c) Railway Board
6.What determines the market
value of the land to be acquired for railway purposes?
- a) The price agreed upon with the owner
- b) The price the land would fetch in an open market
- c) The cost of land in the vicinity
- d) The price determined by the local revenue
authorities
Answer: b) The price the land would
fetch in an open market
7.How is the value of buildings
sold or transferred between departments calculated?
- a) By mutual agreement
- b) By the market value of the land
- c) Present day reproduction cost less depreciation plus
cost of land at present day rates
- d) Based on the original purchase price
Answer: c) Present day reproduction
cost less depreciation plus cost of land at present day rates
8.What Act allows for the
acquisition of land without acquiring mines and minerals?
- a) Land Acquisition Act, 1894
- b) Land Acquisition (Mines) Act, 1885
- c) Mines and Minerals (Regulations and Development)
Act, 1957
- d) Coal Bearing Areas (Acquisition and Development)
Act, 1957
Answer: b) Land Acquisition (Mines)
Act, 1885
9.Who is responsible for
verifying and demarcating land boundaries for railway purposes?
- a) General Manager
- b) Local Revenue Authorities
- c) Engineering Department
- d) Chief Mining Adviser
Answer: c) Engineering Department
10.What should be considered when
a portion of railway land is not immediately required?
- a) Selling the land to private parties
- b) Leasing or licensing the land to outsiders at a
proper rental
- c) Keeping the land unused
- d) Using the land for storage of materials
Answer: b) Leasing or licensing the
land to outsiders at a proper rental
11.What responsibility does the
railway administration have regarding land near coal mining areas?
- a) To acquire the land at a high price
- b) To ensure underground support is obtained and
maintained
- c) To sell the land to mining companies
- d) To lease the land for mining purposes
Answer: b) To ensure underground
support is obtained and maintained
12.What is included under the
term "land" in legal parlance for railway purposes?
- a) Only the surface of the land
- b) Only buildings on the land
- c) All that is under the land, including mines and
minerals
- d) Only the agricultural value of the land
Answer: c) All that is under the
land, including mines and minerals
13.What is the time limit for
temporary acquisition of waste or arable land for railway purposes?
- a) One year
- b) Two years
- c) Three years
- d) Five years
Answer: c) Three years
14.Which of the following is classified
as permanent land for railway purposes?
- a) Land used for temporary storage
- b) Land occupied by temporary construction offices
- c) Land for the formation of the permanent line of the
railway
- d) Land for temporary work camps
Answer: c) Land for the formation of
the permanent line of the railway
15.What must be done before
initiating proposals for the acquisition of land for railway purposes?
- a) Confirm the necessity of acquiring the land
- b) Ensure the land has no buildings
- c) Consult with the Chief Mining Adviser
- d) Obtain the consent of the local community
Answer: a) Confirm the necessity of
acquiring the land
16.What
must be considered when estimating the extent of land to be acquired for a
railway?
- A) Only the land required for the construction phase.
- B) Only the land required permanently for the open
lines.
- C) Both the land required permanently and temporarily.
- D) Only the land required for spoil-banks and
side-cuttings.
Answer: C) Both the land required permanently and temporarily.
17.For
lines where traffic is expected to grow beyond a single line's capacity within
15 years, what width of land should be acquired?
- A) Widths for a single line.
- B) Widths for a double line.
- C) Widths for future expansion.
- D) Widths based on current traffic estimates.
Answer: B) Widths for a double line.
18.What
is the minimum width of land to be taken up for a single line under ordinary
circumstances?
- A) As shown in Appendix III.
- B) As determined by the Railway Administration.
- C) As required for future development.
- D) As negotiated with local authorities.
Answer: A) As shown in Appendix III.
19.Who
should approve the reckoning widths for lines where traffic is likely to
develop beyond the capacity of a single line?
- A) The General Manager.
- B) The local revenue authorities.
- C) The Railway Board.
- D) The Engineering Department.
Answer: C) The Railway Board.
20.What
should be done at station yards in the vicinity of large towns regarding
excavations?
- A) Avoid excavations completely.
- B) Ensure excavations drain off completely.
- C) Conduct excavations only during off-peak hours.
- D) Use excavations for additional storage.
Answer: B) Ensure excavations drain off completely.
21.What
should be acquired permanently to ensure the availability of earth for repairs
to banks?
- A) Temporary land.
- B) Borrow-pits.
- C) Adjacent land.
- D) Spoil-banks.
Answer: C) Adjacent land.
22.What
is the recommended depth for pits dug for urgent repairs inside the line of
original borrow-pits?
- A) 2 meters.
- B) 1 meter.
- C) 3 meters.
- D) 1.5 meters.
Answer: B) 1 meter.
23.What
is the width of berm to be originally set out, including the width required for
urgent repairs?
- A) 3 meters.
- B) 4 meters.
- C) 5 meters.
- D) 6 meters.
Answer: A) 3 meters.
24.For
762 mm gauge lines in mountainous country, what special arrangements should be
made?
- A) Acquisition of land for borrow-pits.
- B) Wider embankments.
- C) Deeper spoil-banks.
- D) Reduced side-cuttings.
Answer: A) Acquisition of land for borrow-pits.
25.In
setting out land for side-cuttings, what interval width is generally suitable
to allow convenient access?
- A) 3 meters.
- B) 6 meters.
- C) 9 meters.
- D) 12 meters.
Answer: B) 6 meters.
26.What
should be done to prevent surface water from the adjacent land running down the
slope of the cutting?
- A) Construct retaining walls.
- B) Build higher embankments.
- C) Arrange for catch-water drains.
- D) Create deeper borrow-pits.
Answer: C) Arrange for catch-water drains.
27.What
slope is generally adopted for the sides of borrow-pits nearest the line?
- A) 1 to 1.
- B) 2 to 1.
- C) 1.5 to 1.
- D) 3 to 1.
Answer: B) 2 to 1.
28.What
is the convenient height for a spoil bank as adopted in the tables in Appendix
III?
- A) 1 meter.
- B) 1.5 meters.
- C) 2 meters.
- D) 2.5 meters.
Answer: B) 1.5 meters.
29.What
strip width has been allowed for outside the outer edge of borrow-pits for the
erection of fences?
- A) 0.5 meter.
- B) 1 meter.
- C) 1.5 meters.
- D) 2 meters.
Answer: B) 1 meter.
30.How
should the lines for fencing and for the inner edge of side cutting or
spoil-bank be arranged?
- A) To follow the exact height of bank.
- B) To zig-zag according to local variations.
- C) To follow the average variation in height over
considerable lengths.
- D) To conform to the shortest path available.
Answer: C) To follow the average variation in height over
considerable lengths.
31.What is the standard scale for
land plans under ordinary circumstances?
- A) 10 metres to a cm.
- B) 50 metres to a cm.
- C) 5 metres to a cm.
- D) 100 metres to a cm.
Answer: B) 50 metres to a cm.
32.In what situations can the
standard scale for land plans be waived?
- A) When the land to be acquired forms an addition to
that previously acquired.
- B) When the land is located in a rural area.
- C) When the cost of land is high.
- D) When the land is for temporary use only.
Answer: A) When the land to be acquired forms an addition to that
previously acquired.
33.Which colour is used to
distinguish permanent land on land plans for revenue authorities?
- A) Yellow
- B) Green
- C) Pink
- D) Blue
Answer: C) Pink.
34.What should be done to the
original plans as early as practicable after the line is opened?
- A) Discard them.
- B) Correct them to show the boundaries of permanent and
temporary land.
- C) File them without any changes.
- D) Use them for new construction estimates.
Answer: B) Correct them to show the boundaries of permanent and
temporary land.
35.What information should be
included on all land plans to determine the position of boundaries?
- A) Names of local officials.
- B) Dimensions written on the plan.
- C) Construction schedules.
- D) Types of vegetation.
Answer: B) Dimensions written on the plan.
36.Where should the names of
villages be written on the land plans?
- A) Only on one side of the railway line.
- B) Alongside the line indicating the village boundary.
- C) On the title page.
- D) On a separate sheet.
Answer: B) Alongside the line indicating the village boundary.
37.What should be inserted in the
land plans when boundary marks are erected?
- A) The budget for land acquisition.
- B) The position and corresponding number of every
detached mark.
- C) The types of crops grown.
- D) The names of contractors.
Answer: B) The position and corresponding number of every detached
mark.
38.How should the land plans be
organized for continuous portions of land?
- A) By types of soil.
- B) By geographic coordinates.
- C) In sets for each revenue district or charge of a
Collector or Deputy Commissioner.
- D) By cost estimates.
Answer: C) In sets for each revenue district or charge of a
Collector or Deputy Commissioner.
39.What is the minimum number of
sets of land plans and schedules required?
- A) One
- B) Two
- C) Three
- D) Four
Answer: B) Two.
40.Who should sign each set of
land plans and schedules?
- A) Local revenue officials only.
- B) The Officer responsible for its preparation and the
Chief Engineer of the railway.
- C) The Chief Financial Officer.
- D) The General Manager only.
Answer: B) The Officer responsible for its preparation and the
Chief Engineer of the railway.
41.What should be done to land
plans to keep them up to date?
- A) Redraw them annually.
- B) Add new sheets or substitute old ones as necessary.
- C) Store them without updates.
- D) Archive them in a secure location.
Answer: B) Add new sheets or substitute old ones as necessary.
42.Who should check and attest
any additions or alterations to the land plans?
- A) The Chief Engineer.
- B) The Officer in immediate charge of that portion of
railway.
- C) The local government officials.
- D) The project manager.
Answer: B) The Officer in immediate charge of that portion of
railway.
43.What should be done with the
entire cost of any special establishment employed for land acquisition?
- A) Billed separately to the contractors.
- B) Included in the cost of the land.
- C) Ignored in financial reports.
- D) Divided among the departments.
Answer: B) Included in the cost of the land.
44.Who is responsible for the
cost of litigation arising out of the Collector's award?
- A) The local government.
- B) The Railways.
- C) The contractors.
- D) The Chief Engineer.
Answer: B) The Railways.
45.What should be included in an
agreement with the Forest Department when acquiring forest land for railway
purposes?
- A) Terms for the lease of land.
- B) Provisions for emergency tree removal.
- C) Compensation for all trees felled.
- D) Rights to harvest timber for railway use.
Answer: B) Provisions for emergency tree removal.
46.What must be shown on the land
plans for detached portions of land?
- A) The expected cost of the land.
- B) Reference to a fixed point on one of the main
sheets.
- C) The types of vegetation found there.
- D) The names of local officials.
Answer: B) Reference to a fixed point on one of the main sheets.
47.What happens to the trees on
land required by the railway for borrow pits?
- A) They become the property of the railway.
- B) They remain the property of the Forest Department.
- C) They must be sold to local residents.
- D) They are cleared and removed immediately.
Answer: B) They remain the property of the Forest Department.
48.How should the land required
for laying down a new railway line be divided?
- A) Into urban and rural sections.
- B) Into land for the railway line and land for borrow
pits.
- C) By the type of soil.
- D) By the local government regions.
Answer: B) Into land for the railway line and land for borrow pits.
49.What should be avoided when
acquiring land for a new line or doubling in agricultural areas?
- A) Taking up land for future expansion.
- B) Minimizing the area to be acquired.
- C) Strictly following the arrangement given in Appendix
III.
- D) Considering the cost of land.
Answer: B) Minimizing the area to be acquired.
50.What should be done if the
railway needs to fell trees in an emergency on forest land?
- A) Obtain prior permission from the Forest Department.
- B) Notify the Forest Department and pay compensation if
applicable.
- C) Conduct an environmental impact assessment.
- D) Delay the operation until a formal agreement is
reached.
Answer: B) Notify the Forest Department and pay compensation if
applicable.
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