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.  

********