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INDIAN RAILWAYS - Way Leave Charges

Way leave refers to granting permission for limited use of railway land, such as access routes or underground pipelines. It is allowed only when unavoidable and after considering each case individually. Rates are determined based on the type of work and land value. Any agreement must specify that the railway retains full rights and usage of the land. Divisional-level way leaves are processed by Sr. DEN and sanctioned by DRM, while zonal-level ones involving over 100m of land are processed by PCE and sanctioned by GM.

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3K views

INDIAN RAILWAYS - Way Leave Charges

Way leave refers to granting permission for limited use of railway land, such as access routes or underground pipelines. It is allowed only when unavoidable and after considering each case individually. Rates are determined based on the type of work and land value. Any agreement must specify that the railway retains full rights and usage of the land. Divisional-level way leaves are processed by Sr. DEN and sanctioned by DRM, while zonal-level ones involving over 100m of land are processed by PCE and sanctioned by GM.

Uploaded by

jeya chandran
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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WAY LEAVE CHARGES

(Source: Railway Board's Policy Letter No.97/LML/24/3 dated 27.11.2001)

 What is Way Leave: Making good any interruptions caused by the


Railway to the use of Lands through which the Railway (line) is made.
In many cases, these are unavoidable in view of the very nature and
extent of the railway alignment.
 Granted Way leave as non-availability of any other means of access to
properties/houses and non-feasibility of provision of water supply,
electricity, sewerages, etc. from any other direction.

 Examples : Provision of way leave/easement on Railway land in the


form of Passage to Private houses and establishments, underground
pipelines for water supply and sewerage, electrical and
telecommunication lines etc.

 Authority for Railways for facilitating such works: Section 16 & 17 of


the Railways Act, 1989.

 Way leave facilities should not be granted as a matter of routine, but


only after consideration of each case on merits based on a site
inspection.

 Any proposal for passage/roads for width more than 3 metres should be
treated under LICENSING and dealt accordingly.

 Way leave permission in respect of open drainage and


surface/overhead pipelines should be allowed only IN
UNAVOIDABLE CASES. All efforts may also be made to have the
existing open drainage and surface/overhead pipelines replaced by
underground installations at the earliest.

RATES OF WAY LEAVE FACILITIES:

 The rates for Way leave facilities is depend on the nature of the Work
and to be fixed as per Railway Board's policy letter No. 97/LML/24/3
dated 27.11.2001. Example: Laying of underground pipeline - 10 % of
the market value of land p.a. subject to minimum of Rs.20,000/- p.a.

PRECAUTIONS AT THE TIME OF ENTERING AGREEMENTS

Nageswara Rao 9492432160


https://www.appendix3exam.com/ https://www.mcq.mcqrailways.com/
 Not conferring upon the party any right of possession or occupation of
the land. That means Way leave facility is only enables occasional
or limited use of the land by a party for specified purposes like
passage etc.

 Should not using the words "LICENCE" and " LICENCE FEE" in
Way leave agreements. But only "PERMISSION" and "WAY
LEAVE CHARGES" in such Agreements.

 Clearly stipulate that the Railway Administration retains full rights to


enter upon, pass through or use of the land at any time, without any
notice to the party.

 In the event of the way leave facility being discontinued with, the
Railway will neither be liable to pay any compensation or reimburse any
amount to the party, nor to provide any alternative arrangement for
access, etc. In such a case, removal of such underground pipelines
etc are liable to be removed/shifted by the parties at their own cost.

 In any way, such Way leave facility does not impinge/interrupt the safety
and security of railway operations and railway property.

PROCESSING AND SANCTIONING OF WAY LEAVE PROPOSALS

 At Divisional level - processed by Sr.DEN(Co-ord) and sanctioning by


DRM (without any further re delegation) duly concurred by Finance.

 At Zonal Level - Way leave facilities involving stretch of Railway land


more than 100 metres - processing by PCE and sanctioning by GM duly
concurred by Finance.

*&%*&%

Nageswara Rao 9492432160


https://www.appendix3exam.com/ https://www.mcq.mcqrailways.com/

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