CENTRAL RAILWAY HEADQUARTER OFFICE ENGINEERING BRANCH MUMBAI CST. NO. W.419.L.NOC (Genl) I” Date: 28/05/2074 Sr.DEN (Co) BB, BSL, NGP, PA & SUR Sub: Issue of No Objection Certificate for the Proposed Construction of Residential/ Commercial buildings within 30 m. from Railway Boundary. Railways NOCs are required for construction of building within 30 m from rail boundary as per para 827of IRWM and notifications issued by Govt. of Mai While scrutinising / processing proposals for NOC, provisions contained in pase IRWM and instructions issued by Railway Board vide following letters shoul! be folewoc i) Letter No. 94/LML/14/22 dt. 29/8/95, ii) Letter No. 2007/LML/19/4 dt. 16/5/2008 iii) Letter No. 2007/LML/19/4 dt. 26/5/2008 iv) Letter No. 2008/LML/19/17 at. 16/2/2010 4. Clear title of land in favour of the applicant supporied by ail related documer's shall be ensured. t 2. Field officials should check and certify the width of railway land and di plot from Railway boundary. Rail level, ground level etc. shall be taker necessary sketches should be prepared by field staff after verification of Minimum clearance of 3.00 m between Railway boundary and building shall be ensured. Plot should be marked in the sketch KM post and permanent structures. Railway land width shall be verified with ths certified land plan / Roll diagram. 3. Original Paper Tracing (OPT) should clearly show the sit Location of plot, floor plans, drainage arrangeraents. directions, det drawing of building indicating height and distance between Railway tou nearest edge of building in various stages. 4. The drawing should be signed by all branch officers and DRM. Con: organisation or respective PSU having pianning of any work at thet should also be consulted whether the land is required in foreseeable Following certificates in this regard should be given in the plan itself. available with the Division that the land is not required for development in the foreseeable future”.Structural stability certificate should be signed by Structural Engineer! Architect and owner/ applicant. Status of proposals should be updated in Railways website in the prescribec format. after receipt of application along with requisite fees from party at Divisional level as instructed vide letter No. W.419.L.NOC.Genl.Web Site.BB dt. 2/6/2012 and application should be’processed on First come First serve basis. Following Conditions are to be drawn in Original Paper Tracing (OPT) drawing while processing the case in the division and before submission to HQ for approval of NOC: The height of the proposed building structures varying in different stages with minimum different | clear horizontal distances between railway land boundary/ track boundary to nearest edge of the roposed building structures as under as shown in the drawing bearing No. DRMAWI ‘a Maximum height of| Maximum height |The minimum clear _horizontel Stages _| the proposed building | of the proposed | distance provided between raiiviay 1,2,3.4,5 | from Ground level to | building from Rail | land boundary /track boundary ] | building in m. I ef | top of: - levelto top of- | nearest edge of the proposed | 2, | The parametersidimensions mentioned vide Sr, No. 1 above should be strictly followed/adhered | atsite. 3. | No construction material is allowed to store/stack on the railway land by the bui construction of buildings/structures. ail 4. | In no case encroachment on railway land should be allowed during the construction of these | proposed building/structure. re fees ars %. | No access will be provided to the proposed building/structures from railway iand or propos 3d | building/structures to railway land. | ‘Sewer and drain should be connected fo the municipal directed towards railway track. pe | 7, [Drainage and storm water from railway land should not be obstructed. Proper dreinage | arrangement along with arrangement of discharge is shown in the drewing. | Ee cereal sa 8.__| Responsibility for the safety of the proposed buildings will rest with the owner/developer._ | 9._| The design and construction work of the proposed buildings should be followed es par relevent | | LS. codes. | 70 | No foundation of any Structure, whatsoever, should come under the reilway land and not affect | ‘rack stability. & | TT_| Signal visibly to the train drivers is not obstructed due to construction of proposed building: '42 | Adequate precaution/safety should be taken for excavation work, so that it may not cau: damage to railway boundary wall and railway track. _ %_| The excavation work should not be carried out in rainy/monsoon season. 74 | If buildings/structures are not constructed as per approved drawing by raliway or detectic any deviations to drawing will lead to cancellation of NOC granted by railway and neces: action will be taken iminediately. i Ee | 75 | The applicant/Party will inform to concemed AEN of railways about commencement of wa°x within 60 days, giving teference of NOC issued by Railways. 76 | Complete safety should strictly be ensured in respect of any crane working towards railway (2: involved during the construction work. The builder/owrer will be fully responsible for any foss | caused to the railway or any one during the course of consiruciions 2s well as = ter constructions. pater 1 47 | Railways has right to inspect the worksite during construction stage as well as during lifeties» of building/structure fo ensure safety of railway assets and train operation.ry 19 {20 | NOG should be given to get necessary clearance from state Govt. municipality etc. It is no way authorize the applicant, the ownership of said land .The Railway land boundary shown is for | indicative purpose. Seas i | ‘All the datal documents rélaied with ownership of land is rest with the Applicant to prove. | Railway NOC does not mean the Ownership of land. oe Cee “The Party will construct the common boundary wall at iis own cost as per Drawing/ directions a railway wherever feasible restricting to the stretch of common boundary between railways ar partly. The Demarcation would be done by railways. a | itis certified based on the sanctioned Plans / Works for new fine and surveys available wth the | Division that the land is not required for Railways own development in the foreseeable future. 22 The Protection System- Phased Implementation of excavation should be ensured whi excavation is being carried out for Basement, Deap foundation etc and proper protection fc: nallah should be ensured. 8 After receiving the approval of NOG from HQ, conditions mentioned in the ietter and plan should be conveyed to all concemed field officials and conceined local bodies / revenue authorities to ensure compliance cf the conditions et site by them. This has the approval of PCE. a ny aes \\y (SM. Maheshtvali) Chief Engineer (General) ft. Copy to: DRM BB, BSI, NGP, PA & SUR for kind information please.OY os aA a of an Coe a y 2 {Abbirny Cink i ATT ARGS, GETS. a Niele ART, : ¢ : Maharashtra Regional und Town Planning Act, 1960. Direction undor-section 164 ct the Permitting construction of building in, pronimity to Rallwey Trnek. GOVERNMENT-OF MAHARASHTRA URBAN DEVELOPMENT DEPARTIENT Mantralaya, Mumbai 400.032. 1 Dated the 2:3.. May, 2003. QRDER Ho. FPD 4302/1918 /CR-23/03/UD-11 “he permission forconstruction of building on land adjoir ing the railway Jc ja invariably given by the Local Brdy.. coneained we » ‘Cory orntion. Municipal Council ax the case may be. Any work. Being- undertaken in Ure proximity of Uns railway na etfgot on tie palety oftire track il in fell ricenssery that foate” be cbtained fr im the, Railway huthority before the “permission to the soastmotion puch building, In this rogue, it iy des thar a vacant spor 2 of 30 mt keept between the allway F ES amie fax eons ion. Haw therefore, {am «i cctzd to issue ye suitable «i 154_of the all Planni jwetnonues to the efert that ‘they Invi Wie” Oujection—Cartiieate” trom The , 60 cared Railway Permiqnion for the butting plant CS hereby directed. to neorperale the finws ize Gllow'ng UL procai ral Town Marni Act ~ All the Planning Avthorities followling regulation iv their Docl.tug Ly tinder naction 37 of Ue is “No objection Certificate Jap U ABaunidery and tha yietunice SO mL bom g Mea the Governor of als “Under Secretary to Gover Sent Gogy b= i | ; Abhc nasasioners of Baroraen, fa nicipal Conn the Chief Officer ) ‘i the Mi 2)wea tar] a =~ , ae, = ~ 3h : i Oia eY * Maharashtra Regional & Town Planning Act, 1966. __ ‘Sanction to modification under section.37(2) of the ... Modifications to Regulation '29(8)(ii) of Development ..), Comtrol Regulation for Gr. : Mumbai 1991. “(GOVERNMENT OF MAHARASHTRA “Urban Development, Départment., Mantralaya, Mumbai 400 032. » "Date: 54, July, 200 NOTIFICATION No. TPB 4302/1318/CR-23/03/UD-11: Whereas; Government of Maharashtra vide Notification of Urban Development Department No, DCR 1090/RDP/UD-11, dated 20% February; 1991*has sanctioned the Development Control Regulations for Gr. Mumbai, "1991" (hereinafter referred ‘to as “the said Regulations”) under section’31 of the Maharashtra Regional and. Town. Planning Act, 1966 (hereinafter referred to as ‘the, said Act’) which came into force with effect from 25 March, 1991; * : eee And whereas, the permission. for construction of building on land adjoining’ the’ railway’ track is invariably given by’ the Local Body concerned viz., Corporation, Municipal Council as the case may be. Any work being undertaken in the proximity of the railway track can have serious effect on the safety of the track, it'is felt- necessary that “No Objéction Certificate” be obtained; from the Railway Authority before the ‘Local Authority grants permission ;to the construction of such building. In this regard, it is desirable that a vacant, space of 30 mt. be kept between the Railway Boundary and: the face of any construction. And whereas, the Government of Maharashtra in Urban t ‘Department, vide) order No. TPB 4302/1318/CR- 23/2003/UD-11, dated 23/5/2003 has directed Municipal ‘Corporation of Gr. Mumbai (hereinafter referred to as “the said: Corporation”) to amend the relevant provisions in D.C. Regulations by following thy procedure laid-dowsi under section 37 of the said Act so as to insist NOG from concerned Railway Authorities before granting permission for thé buildings-within 4 distance. of 30 nit. from Railway boundary; ei| i ae And whereas, the Government of Maharashtra has further directed _uadé: section’ 154"'df"the said Act to insist such NOC from Railway u .ding modification to development contro! regulations; ‘And! Wiiérens) the said Corporation has been empowered to initiate thé ‘hodificdtion ‘of “any part of or any proposal made in the final "Development Plantinder the provisions of sub-section (1) of section 37 of - thie said Adt'aid ‘submit the same to the Govt. for final sanction; And whereas, The said Corporation after completing the legal procedure laid 'undér‘section 37 of the’said:Act has initiated modification. Proposal and adooringly |submitted'the- modification propose! the Bout. for final’ sanction Vide its-detter:Nol CHE/GEN-346/DPC/GEN dated 8% October, 2004; 1° "4° ‘And whereas, after consulting the Director of Town Planning, Maharashwa State, Pune, Govt. find it necessary to sanction the said modification proposal; : , Now, therefore, in exercise of the powers vested under section 37(2) of the said ‘Act Govt. hereby ~ A) sanctions tlic modificatin proposal as described below: Modification to Regulation No.29(8)(ii)~ Building sites situated within’ 30 mt. from failway boundary = No objection certificate from’ the concerned, railway. ‘shall be insisted before granting permission’ for the building. plans between the Railway boundary and the distance of 30 mt. from i, it The development of such plot shall be carried out as per _ : terms and conditions stipulated by the Railway Authority, B) fixes the date of publication of this notification in the official gazette as the date of coming into force of this proposal. ©) Ditects the ‘said ‘Corporation: in the seliedule of modification sanctioning the said modification appended. to the said notification after the last entry, the above referred (A) shall-be added. By order sind in the name of the Governor of Maharashtra, Under Secretary to, Government, G Note: ‘This notification is: also available-on Government web site ‘www.urban.maharashtra.gov.ineee psahareshtro ee 4 No .TPB 4395/497/0D—11 } Teban Development Departmc: | | Mantralaya, Bombay-400 052. Governmdnt of Dated. 28 jJune, 1995. Ro whe Di aSe Thé Director (ES. Pan Pe ee ances | iunicigal Carporat. \ Bombay-400 001. | | aub; jedevelophent of property bearing (.5.No. 26, 27,.28 etg. of Sion Division nef: Your letter No. CHE/426/DPC dated 8,5.95 Sin, i , please refer to your letter mentioned above where advice of the Government wider Development Control Regulation { to. 62 (3) of the Development Control aules of.Greater Bombay, 1991 regaréing whether distance to the left ad per provisions of Regulation No. 29 (8)(ii) shoule irack boundary or the 2«ilway proper, up@. measured from the Jallway ty boundary was sought for. Developaent Control egulation No. 29 (ey(ai) is reproduced, herevelow. 29_(8)(ii) - Building ‘sites abutting railway track boundary; | Subject to the requirements of set packs from roads and side ane pear marginal open spaces under the relevant Regulations, n> new construction of a building or reconstruction of an existing building shall be allowed within a distance of half the height! af the said building from the railway treck boundary, and in 3 mtr, away from such boundary. sang case at lea From merely reading of the regulation, clear that the distance of the building shall be me the Railway track boundary and ‘not, from property bow Redlway. W-- *wey et directed to clarify under Dev! “Considering the ‘poinion expresaed above, 7 om elooment Control deguiation Nos 62°(3) of Development Control aegulations of Greater Bombay, 1997 is as under. Clarification - The marginal @istsace required to be left from the failway teaok. boundary aa’ par the provisions of Regulation Wo. 29 (8) (44) shall be measured from the ¢ fot fron the Railway progerti Railway track boundsry a boundary.” : . Yours faithfully, CN. Under, Secreta poy de. mr, Public Works Department, Mantralava, Bombay-400 Chief Engineer (Development Plan), Municipal Corpore tion of Greater’ Bombay, Bombay-400 OT. Director’ of Town Planning, ¥.3., Pune. - Ale. CENTRAL RAILWAY. be Deputy Director of Town Plonaing, ‘Greater Bombay, BNGA Hutments, | Y Azad Maidan, Bombay~400 0014 puta, 306, Vikas, Bani Strest, Bombay-400 023. ia/s. Nadkarni & Company, 106, Gundecha Chambers, 48,, Nagindas Waster Road, Fort, Bombay-k00. 001. : Select File. 2 : : , 3 of Housing Industry, 514, Dalamal Lower, * 211, FeP.d. Marg, Nariman Point, Bombay-400 027. Chief En&iheer (Conatrustion), Ceritral’ Railway, V7.7. Borbay-409 001+ : Chief Engineer (Cohstruction), Western Railway,’ Churchgate, Bombay. : . > ee UW chiet Architect, Public Vorkg: Department,, Marzban, near 7.0. Estate, Bombay. ' eeeNo. 94/LM{L)/14/22 ‘the ‘Govern lisneger ALL Indian rr i Product Sub: Construstion i? private biiidings near Raliway hand, Cases heve come’ ta (the 4 ice of the. Hoard wherein private parties have beon don: {ithe grant of «a “Ne Obino- tion Cexrtizicote’ for | untertpking | construction oa thoin properties which adjoin, the: eastesy, lend, on the plea ‘that. such-constructlon vould restriot| future development needs of the Railway, end would reslt iat) lend acquisition comlexé tigs wt the tine of actual vogitgsition. cruotion of Bkivalé buildings neor’ the Railway Jond £ the! Indd&n Rativey Way & Worke ton beblud the: & valyable, of & blot to leave a Jari ead ‘the weiiney boundary} interssts will be adeduatsiy space is lett po a6 ‘in Poed, | eouese, sand ea et DUE eiveoted of Riebacto mee cant stiace betwem his bublding ALVES deemed that Rodlway “5 s Seeiagded ig sufficient vacan’ jond and to i gootlt hermore,\ the provisiéns Rallvay Wey k Works ta Pare, maefy eae} 34 ee tho above and the tage tual ‘the land 4m the Grban pesomp Very valuable, Hoatd-dewire that % pt o progimtio epproach and Insist on on mor betwen the Eailusy boundary waliding. This, A by. examining yout of, the buil Lot the! shove, alk ts at di. paxan! Fivase acknowledge caced ( . iN i LN ttye : ow Aveo 9 Diegotoe Land Management”Ow co 0 Twainis No.2007/LML/19/4 Government of India Ministry of Railw: Railway Board) S ‘ New Delhi Dated: 16.5.2008 Goneral Manager (Engg), Western Railway, Churchgate , Mumbai Central Railway Mumbai. fal Manager (Engg), we Sub: -Grant of ‘No Objection Certificate’ for construction of private buildings in private Jatids in vicinity of Railway Land in Mumbai Area. ‘Number of representations have been received by the Board due 10 denial of issue of ‘No Objection Certificate’ by the railways to construction of private buildings in private lands in vicinity of Railway Land in Mumbai area including tack is at a considerable distance from the proposed building. 2. I is observed that extant rules on the subject in Mumbai area some of the cases where the nearest are governed by provisions in regulation No.29 (8) (ii) of ‘the ‘Gove of Maharashtra, Urban Development Department Development Control Regulations for Greater Bombay-1991’ which provides that “....no new construction building shall be allowed within a dist. the Railway track boundary, Further a ‘No objection Certifi submitted by the party to the local authorities plans if proposed structure lies. between fromit, 3. Because the ‘Railypay reckoning of horizontal Boundary’ as provide, 4. Matter has been examined and it has bee! gulation No.29 (8) (ii) of the Department Development Control Regulation: purpose of | rej Boundary” be considered to be a horizontal distance of embankment at the point of consideration? nearest to the proposed building. or the attual railway Tain din the regulation No. 29(8)(ii) mentioned above, of any building or reconstruction of an existing ‘ance of half the height of the said building from and in any case at least 3m away from such boundary.” ificate’ from the concerned railway is required. to be for granting permission for the building the railway boundary and the distance of 30 m Track Boundary} is not defined, problems are arising due to clearance from railway boundary instead of ‘Railway Track in decided by the Board (ME) that for the ‘Govt, of Maharashtra, Urban Development s for Greater Bombay-1991" “Railway Track ‘6m, plus height of railway Srom the centre line of the railway track undary from the Cenire line of the railway track nearest to the proposed building-whichever is loc, otk: o ol4.1 The nearest track here will mean the existing track or the proposed track in future if contemplated to be constructed in the near tae nearest to the proposed building, While considering allowance for future track, the railway should not unduly keep such allowance for individual sites when future track is not feasible on that sie in view of already existing buildings or structures on eithet side of th¢ proposed site. Instructions issued under Railway Board letter No.94. LM(Ly/14/22 ca 29.8.95 may also be referred to in this regard. | 5. Weis herefore, advised that all such cases regarding issue of grant of "No Objestion Cerlificate’ to construction of private buildings in private lands Gn vicinity of Railway Land in Mumbai area may Kindly be dealt with accordingly. While granting ‘NOC’ railway may ensure that the provisions of para 827(b) # TRWM-2000 are complied with. | ; 6. This is for your kind information and further nesessary action. Fresh remarks in the cases oe a gerted by Boatd to railways for comments, may be advised to the Board in view of above directions for further disposal of the same at this end, i Government of India* o= Government of India Ministry of Ratiways (Railway Board) No.2007/LMLI19/4 Gerieral Manager (Engg), Westen Railway, Churchgate » Mumbai Sub: Grant of ‘No 61 lands in Vicinity of Railway Land jection Certificate’ for construction in Mumbai Area, Ref. Railway Board Letter No even dated 16.5 2008, 2. W. Railway letter No W 73/0 (P track boundar Physical railway land boundary, dated 16.05.2008 hor zontal distance of ‘6m pla consideration’ Srom the centre nN aX q 2s Den The directions isstied under Rev Ae benditis with the Rellwoys on th a we Board’s letter dated [ Me Railway Board against the decision o NOC has been deni Ve oe S & Aes \o ot Rt - Copy to: General Manager (Engg), Cental Railway, Jespect of cases under Central Railway, a ae ied of granted SgPhieqat(s) requests for reconsideratio can not be considere: jie provisions in para -4 of Railway Bomd letter Providing as “Raihway Track Boundary ns height of raitway line of the railway Srom the centre line af the rail ay uilding whichever is less" Mumbai for | ci feller dated 155.08 he subject whether r 6.05.08 or after, to cases where f the Railways and to 8S per then existing instructi 1 of their proposals, o. New Delhi Dated: 26 .5.2008 of private buildings in private ‘oliey) (WS), dated 20.05.2008. vide its letter dated 20.05.2008 d to be existing beyond the be considered to be 1 embankment at the point of (rack nearest to the Proposed re conect, apply to all cases ved before issue of railway parties have represented ty all such past cases where as but the bb Beh g information and similar action in, Executive Directorapy ey) . GOVERNMENT OF INDIA. MINISTRY OF RAILWAYS | (RAILWAY BOARD) 4 RB/G&A No. 091/2010 ne No: 2008/LML/19/17 New Delhi, dt.16.02.2010. < Réoeral Managers cea ny ‘Principal Chief Engineers : CRA All Zonal Railways Sub:- Issue of No Objection Certificate for construction / redevelopment of Government and Private building on land adjoining Railway boundary. c 1, A number of representations have been received regarding grantiig of No Objection Certificate for undertaking construction/redevelopment of buildings in land adjoi Railway land, : 2. Instructions have already been issued in this regard in the past vide Board’s letter No. 94fLML/14/22 dated 29.08.1995; stating that as the land in urban area has become very valuable, Railways should adopt a pragmatic approach, examine building plans ensuring that layout of the building should not result into accrual of various casement rights. 3. The issue has.again been examined in Board. The duties and role of Railway officials regarding dealing with utilization of land adjoining Railway land boundary have been clearly defined: in Para 827 of IRWM 2000.Railways need to examine -the proposal for construction/redevelopment of buildings/structures on adjoining land in an objective and es aaa 2 fe ol }{ pragmatic manner in terms of Railway rules/instructions accordingly. If after examining the proposal, Railway is of the opinion that the proposed structure will not lead.to accrual of any ash ot é, easeinent tights, issuance of NOC can be considered. As regards compliance of provisions of bd development control regulations or other rules issued by State Govt,/Local Authorities in this Jy regard, it is for the State Govt/local Authority to examine and ensure compliance of the As same. " re" 4 Incase of high rise buildings or buildings with basements or where deep digging is P involved in close proximity to Railway track, Railway should examine the drawings and ee tr moll a ep tt dep cou safety of Railway track is eX affected during or after construction. If necessary, Railway may consider stipulations of sit supervision, inspection, etc., by Railway during construction stage as well as inspectic = a. during lifetime of the building to enstre that building / basements do not affect Railway's CEQ) BaMiba train operations. Fama. Pl ble. : Np Please acknowledge receipt. : LU Jane ‘ (M. Is. Panda) Dy. Director (Land & Amenities) Railway Beard, FER PEER aam, aaa wae ae Hom a5B i S73. \6/ GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD) No.2008/LML/19/13 t New Delhi, dt. 06.06.2008 Under Secretary, @ Urban Development Department? Montralaya Mumbai — 400032, Sub:- NOC for slum rehabilitation sc heme on bearing FP No.616( Pt.) of T TV Mahim division. Ret:-i) Your letter No. TPB 4306/2230/CR-303/07/UD 11 cated 21.2.2008 addressed to PCE/Western Railway, ii) Your letter No. TPB 4306/2230/CR-303/07/UD II dated 21.5.2008 addressed to PCE/WR and copy to Railway Board. Reference above, it is advised that in view of representation from certai patties rega ing non issue of ‘No Objection Certificate’ by Railways for constr buildings in the vicinity of railway land in Mumbai area, guidelines have been nevat cen Western and Central Railways claifying as to what should be considered to be “Redhee 4 Boundary” in, terms of regulation No.29 (8) (ii) of Goverment of Mahamehine: 1 Development Department, Developmdnt Conttol Regulation for Greater Bombay -199{ copy of the guideline issued under Rail way Board lettct No. 2007/LML/19/4 dated 16.5 is enclosed herewith for ready referenc Gad inerrant sec K& os The above guidelines take tare bf the problem raised in your above refeired lets As 7°) 7tepards, whether amargin ot H/d is dequired to be kept from railway track boun Hi t (, Svised that the same is as per the fules|laid down by the State Government. oH ae : | iver" | Executive Director Nana ee | SOE Bret: As above, . | ‘opy for infornfation to: PCE/Chutchgate, Mumbai/ Wester Railway HPCE /Cential Railway/ Mumbai