WAY LEAVE CHARGES
- Authority: Section 16 & 17 of the Railways Act, 1989 and Para 1033 of Indian Railways Engineering Code (ACS No.47)
- 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:
- 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
- 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.
- Registration fee: A Deposit of Rs.20,000/- as fees to be paid along with application for way leave permission. This would be adjusted against the survey and detailed estimate charges/way leave charges.
Processing and sanctioning of way leave proposals
- Processed by Sr.DEN(Co-ord) and sanctioning by DRM (without any further re delegation) duly concurred by Divisional Associate Finance.