u e Rs.

100
ras i t ONE
5. 100 HUNDRED'RUPEES

HRT INDIA
INDIA NON JUDICIAL
FACILITY/EASEMENT RIGHTS ON
TERMS FOR PERMITTING WAY LEAVE 576
AGREEMENT OF 01-04-2016 TO 31-0:-2025
AMEWAYLANS HoR THEPERIOD OF TEN YEARSie FROM100mm dia. for OFC crossing at
GF'6i mm
for GAS &
dia. API Carrier pipe between station
324 Km.396/20-22
Proposed NRG-SQQ &
between station
Km.401/15-17(Km.401.441) GAIL (India) Ltd, Gas
line for General Manager (Con)
KIS-SQQ on NRG- TLHR branch Dy Bhuaneswar-752101(By
HDD

Pipe line Project Office, 612,Utkal sugnature Pahal,NH-5,

Method)
/ N o . Enaa/L/DRG/GAIL/KM.401/15-17/NRG-SQQ/546

2021 BETWEEN THE

day of.
Memo of terms agreed this
(East)East Coast Railway. Khurda Road
the Sr. Divisional Engineer,
PRESIDENT OF INDIA acting through
not so admit include his
"Permittor" which expression
shall unless the contest does
(hereinafter called the

Dy.General Manager (Const.) GAIL,

India, Limited ,612,
PART and
successors and assigns) of the ONE
Office-GAIL
District-Khurda,Odisha-752101, Regd.
Bhubaneswa,
Utkal, Signature, Pahala, NH-5,
New Delhi-110066.represented by Dy General Manager (Const.) GAIL,
Bhawan,16Bhikaiji Camp Place,
District-Khurda,Odisha-752101,
Bhubaneswar,
Indla, Limited ,612, Utkal, Signature, Pahala, NH-5,
Administration referred to
the OTHER PART. (The East Coast Railway
(hereinafter called the "Permittee") of
Way Leave
WHEREAS the Permittee is desirous of
abqve shall hereinafter be called the Permittor.)

land belonging to the Permittor and has approached for permission to

Facility/Easement Right through Railway

agreed to grant such permission upon the terms and conditions

do so AND WHEREAS the Permittor has

hereinafter contained now in this agreement witness as follows.

Page 1 of 7
301 202
HRIUTIAnanta Narayan Sahoo
TelHGH (HA)/Dy. Gen. Manager (Const) Sr. Divnl. Engineer (East)
i(sT) TtHE/ GAIL (India) Limited
12, 3rheT THT, WEIG, UIVI- 5 E.Co.Rialway, Khurda Road
12, Utkal Signature, Pahala, NH- 5
-752101/ Bhubaneswar-752101
 E

Permittee as from 1 day of April Two Thousand Sixteen

1. General- The Permittor hereby permits the
a way leave facility over the Railway land based and registered with CE's Drg.No. 4873/2021

mentioned as Permittee subject to the condition

hereunto annexed for the purposes herein-before

herein contained.
understood by the Permittee that irrespective of the permission, the Railway will
That it is distinctly
of access, inspection and control over the use & disposal of the
retain full legal title, ownership. rights
land hereby temporarily permitted to be used and that the permission for way leave facility will only

to the mentioned rights of the Permittor and to the

indicate the physical access on the land subject
that physical occupation at the will & pleasure of the
over-riding liability of quitting and restoring even

Permittor.

and is liable to have this

3 That, the Permittor will only agree to give temporary access on the land
agreement cancelled at any time on one months written notice in that regard without assigning any

reason and without beingliable to pay any compensation thereof

4. Permission of way leave facility shall not confer upon the Permittee any right of possessionof
and interest for
Occupation of land and without in any way affecting the Railway's title, possession
use of land

In the event of way leave facility being discontinued with for any reasons whatsoever, Railway will
5
neither be liable to pay any compensation nor reimburse any amount nor provide any alternative

arrangement for access etc. to the Permittee. In such a case any installations of pipe line raised by

the Permittee are liable to be removed/shifted at Permitte own cost.

6 The above way leave facility should not infringe the Railways safety, security etc.

7 Provision should be kept for revision of way leave charges from time to time as per guidelines of

Railway Board.
8 The above way leave permission may be terminated by the Railway at any time without assigning any

reason thereof.
9 Railway Board's instructions vide letter No.97/LML/24/3 dtd. 27.11.01& 16.11.05, 03-10-02,16-11-05

and advance correction slip No 47 for Engineering code para No. 1033 and circulated by Railway

Board vide letter No. 97/LML/24/3 dtd 24-04-2014 for granting way leave facility/easement right being

strictly adhere to.

10 To avoid damage to underground OFC/signal cables /electrical cable and if any crossing for pipe line

&OFC Cable line, Electrical, S&T departments clearance to be taken.

11 Cost of damage of Railway property, if any during execution of work is to be borne by the Permittee

12 Railway Boards Guide lines regarding Safety/Security are to be followed by the Permittee.

Page 2 of 7

TIRTUT H Ananta Narayan Sahoo 30 202)

T(R)/Dy. Gen. Manager (Conct)
T)1T GAIL (India) Limilcd Sr. Divnl. Engineer (East)
17T1 , .IC, UUY- 5
,UIkal Cignature, Pahala, NH- 5 E.Co.Rialway, Khurde Road
72101/ Phubaneswar-752101
 13 That. nothing contained herein shall be constrained or
interpreted by the Permittee to create
tit'e, interest, easement, any right,
prescription, grant whatsoever directly or indirectly in the land
permitted for use. hereby

14 That, the Railway reserves the right to use the strip of land for
collection of materials,
movement of
vehicles & all other purposes without any notice to the Permittee

Proposed 324mm dia. API Carrier pipe for GAS & 100mm dia. for OFC
crossing at
Km.401/15-17(Km.401.441) between station NRG-SQQ & Km.396/20-22 between
station
KIS-SQQ on NRG- TLHR branch line for Dy General
Manager (Con) (India) Ltd, GAIL
Gas Pipe line Project Office, 612,Utkal sugnature,Pahal,
HDD Method)
NH-5,Bhuaneswar-752101(By
That, the way leave/ Easement right on / across/ over/ under Rly. land involves occasional or limited
use of land
by a party for a specific purpose like passage/ path way/ roads or public roads/ water
pipeline crossing for cultivation by individual farmers/ water or sewage pipelines crossing for
individual upto 300 mm dial pipelines for water or sewage or effluent/Oil/ Gas/electric lines crossing
for individual houses, shops etc./electrical crossing by State Electricity Boards and Central
Agencies/ laying telecommunication cables and Alignments including track crossing In the above
caseof Way Leave facilities
(Except ROBs/RUBs, and underground pipe lines), no construction
(whether permanent, quasi permanent or temporary), other than a kaccha or pucca road in cases
the facility is expressly given for the same, is to be
permited on Rly land.If any construction comes
up subsequently, the same should be immediately removed as soon as noticed, and the way leave
facilities discontinued with.

15 That, during the execution of the work on availing way leave facility/ easement rights and also during
maintenance, any loss/ damage occurring directly/ indirectly to the Railways, the Permittee shall be
responsible and the cost there of shall be realized from the Permittee as assessed by the Permittor
16 That, the Permittor shall not be party to any local problem that may arise during execution of the
work as well as during maintenance and the same ill have to be dealt with
by the Permittee/
beneficiary
17 That, the construction work of kacchal pucca road where facility is given for the same, under way
leave/ easement right is to be executed strictly adhering to the drawing approved by the competent
authorities of the Railway as
The work is executed in terms of approved drawing No CE's Drg.No 4873/2021 any addition and/ or
alteration should be got approved before execution of the work. No construction other than the above
will be made and no request will be entertained for regularization of any work under the way leave

easement right is executed without the prior approval of the competent authorities and the
agreement
would be liable to be cancelled"

Page 3 of 7
no
TRPTTIAnanta Narayan
T5(T)/Oy. Gen.Manager
) 1at-/GAIL (India)L Sr. Divnl. Engineer (East)
012, T, IEA, V INiH-5
7

012, Utkal Signature, Pahala,

T-752101/ Bhubaneswar-752101 E.Co.Rialway, Khurde Road
 shall be obtained from the Permittor regarding safety aspects before execution
18 That, prior permission
of the work.
Permittee had deposited a Sum total Rs4,30,759/-(Rupees
That. the
Nine only) ( Rs 3, 70,759/- vide instrument No
Thousand Seven Hundred Fifty
Four Lakh Thirty
Instrument No 552164 Dt 10 02 2017 towards departmental
552257 Dt 28 08 17
+ Rs 60,000/- vide
+Service Tax+Security Deposit for a block period
and staff amenity charges. 1. Way Leave Charges Fifteen Lakh
of Rs 15,00,000/- (Rupees
of ten years commencing from 01.04 2016 to 31.03.2026
Leave Charges +Service Tax+Security
No.
vide instrument 552178 Dtd. 15.03.2017, 2. Way
Only. 2026 of Rs 7,50.000/-
commencing from 01.04.2016 to 31.03
Deposit for a block period of ten years
15 03.2017. In addition
Dtd.
Thousand Only, vide instrument No. 552179
(Rupees Seven Lakh Fifty DD No
31,500+ Rs 15,750) vide
to that Permittee has deposited balance GST of Rs 47,250/-(Rs

696719 Dt 27.11.2017 towards

No.942498,Dt.22. 11.2021
1. Permittee has also deposited Rs.6,00,000/ Vide DD
No.942496,Dt.22.11.2021 towards Security
balance Way Leave charges & Rs.60,000/- Vide DD
towards balance
Deposit for Gas Pipe line. 2.Rs.3,00,000/
Vide DD No.942499,Dt.22.11.2021
towards Security Deposit
Way Leave Charges & Rs.30,000/ .Vide DD No.942500,Dt.22.11.2021
Rs.2,53,937/, Vide DD
for OFC pipe line. In addition that Permittee has also deposited
modification
No.942497,Dt.22.11.2021 towards D&G & Staff Amenity charges for OHE
charges
works.
If the Permittee fails to pay the annual way leave / easement right charges within the stipulated grace

month he shall have to pay liquidated damages 1% per month or part thereof from
period of one
the due date to the date of actual payment. In case payment of way leave/ easement right charges s

not made within a further period of three months the Govt. the Permittor shall be entitled to

(a). Forfeit the Security Deposit referred to above

(b). Intimate eviction proceedings for getting the Rly. premises vacated and take action for recovery of

way leave/ easement right charges and liquidated damages up to the date of actual vacation as
per the provisions of the Public Premises (Eviction of authorized occupants)Act. 1971

(c)Evicion charges to be realized from the Permittee as per the provisions of the Public premises Evicton of
unauthorized occupants)Act.1971.

19 That. the Permittee will pay the rates to the Permittor as way leave charges as per Rly Board's letter
No.97/LML/24/3 Dated 24.04.2014 & 27.11.01 and as per revised guidelines of Board from tme to
time, subject to reviewI renewal of the agreement every TEN years

20 That, the way leave charges provided for in the agreement shall be liable to be enhanced by the
Permittor from tme to tume at their sole discretion and the Permittee shall be bound to pay the way

Page 4 of 7
T Ananta Narayan
F(T)/ Dy. Gen. Marer af isT 3fU=T7 (5a)
TgAT) TTEZE/ GAIL (Indie) Li 5 Sr. Divnl. Engineer (East)
HIIG, i
612, 3 i TTR,
NH- 5
S12, Utkal Signature, Pahala,
AR-752101/ Bhubaneswar-752101 E.Co.Rialway, Khurde Road
 leave charges at the enhanced rates, with retrospective efect, if necessary, on receipt of a notice

within 90 days of receipt of such a notice

corrosion or other cause, becomes in the

deterioration,
21 That, it at any time the pipeline owing to
Divisional Engineer, a
concerning officer
not below the rank of a
opinion of the East Coast Railway's
once take steps to remedy
the Permittee shall at
menace to the safety of the East Coast Railway,
fails to take such action
officer and if Permittee
such dangerous defect to the satisfaction of such
other steps for this purpose
have the right to take any
within a reasonable time, the said officer shall
Coast Railway
the protection of the East
consider necessary for
at the cost of Permittee which he may fre
such action In case of leakage,
the Permittee due to
without being liable for any loss suffered by be
to the Railway, as may
will have to be paid
bursting of line etc., necessary compensation
pipe
assessed by the Permittor.

Rly. land
new works in Government
desiring to execute
22 That, in the event of the Permittor to
the Permittee agrees
leave facility permitted,
the alteration or shifting of the way
necessitating the East Coast Railway
of the said officer of
out these alteration or shifting under the supervision
carry Coast Railway's said
done by the East
to the work being
concerned or that he will raise no objection
such works are required
Permittee or in the opinion of
the East Coast Railway
officer at the cost of the
claim against the
Permittee shall have no
Coast Railway. In either event, the
to be done by the East
leave facility permitted.
Permittor to interruptions in the way
owing
Government or the

for
which ever will be applicable
liable to the extra way leave charges
be pay
23 That, the Permittee shall either by the
shifted on requirement
in the event of way leave facility being
the extra area of land
of arrear amount of way
liable to pay for recovery
Permittee. Permittee shall be
Permittor or by the
increase due to increase of land value.
leave charges
caused to the pipeline by the running of
not be responsible for any damage
24 That. the Permittor shall
de-railments or accidents to trains by any other cause

the trains by the side of above it, by

accidents and unsafe
maintenance of
shall not at all be responsible for the
whatsoever. The Permittor the
atmosphere in maintaining
if Permittee should maintain hygienic
pipe-line and pollution
any-the
HDD method without casing pipe, necessary
safety precautions
As the pipe line crossing is
pipe-line. line on pipe line crossing under Railway
track, ie
followed as per para 1.3 3.1 of guide
to be strictly
No.5, Dated 10.04 2017)
October,2009(Addendum & Corrigendum slip
BS.105 of
the
at the rates as will be fixed by
will pay supervision / departmental charges
25 That, the Permittee will be
Clause 19 in advance The charge
leave charges mentioned in
Permittor in addition to way
leave charges
Permittee shall be bound to pay the way
levied once only on the total outlay
on a work.
on receipt of notice within 90 day of
with retrospective effect if necessary,
at the enhanced rates,

receipt of such a notice

Page 5 of7 AJOh

Narayan Sahoo i E I 31 TT (a)
H RUTHIEAnanta Gen. Manager (Const Sr. Divnl. Engineer (East)
YHEMTR (HHIT)/ Dy.
GAIL (India) Limite d
T (313T) TTHEE/
612, 3hT TTAR, UIET, HU- 5 E.Co.Rialway, Khurda Road
NH-
612, Utkal Signature, Pahala,
TTYT-752101/ B h u b a n e s w a r - 7 5 2 1 0 1
 Buueeg O jo uOjeubisod

26 That, the Permittee shall not transfer or assign this agreement or any of the privileges hereby granted
or part with permission for using the land without of the Permittor.
prior approval
27 That the Permittee, if uses more area of Rly land than the permitted area, it will be treated as
unauthorized occupation and breach of agreement which will result for termination of the agreement
for the way leave facility permitted and will be processed under the provision of the public premises
(Eviction of unauthorized occupations( Act 1971)

28 nat, In the event of the way leave facility / easement right being discontinued with by the Permittee,

the Permittor will not be liable to pay any compensation or reimburse any amount to the Permittee,

or provide any alternative for access etc

29 That this agreement for way leave permission will be got reviewed / renewed once in every 10 (TEN)

years
30 That. in the event of scheduled / natural expiry of the agreement, the beneficiary will be bound to hand

over the possession of the Rly land to the Railway authority.

his includes making good any damages that may have been caused to the Rly land at his own

expenses, if the case so arises.

31 Suspension and Termination of agreement by the President:

The administration shall at any time and from time to time be at liberty in its absolute discretion to

suspend temporarily and / or terminate this agreement and all of the privileges here by granted upon
the expiry of one month's notice in writing of its intention so to do being left at are sent by registered

post to the registered office/ address of the Permittee and notwithstanding the Permittee may have

executed any work of a permanent or temporary character and incurred expenses in the execution

thereof. The Permittee shall not be entitled to any damages or compensation by reason of such

termination or suspension.
32 The Permittee may on giving to the administration one month's notice in writing. terminate this

and such notice shall be sufficiently served by sending it through registered post to the
agreement
Divisional Railway Manager, (Engineering) East Coast Railway, Khurda Road at or left at his office

in Khurda Road

33 That the beneficiary will pay the cost of all stamping charges and execution of this agreement
34 Subject to as otherwise provided in this agreement all notices to be given on behaif of the President of

India and all other actions to be taken on his behalf by the Divisional Railway Manager oft Khurda

Road Division of East Coast Railway

35 All dispute/Differences of any kind whatsoever arising out of or in connection with the contract.

weather during the progress/lease period be referred by the permittee, shall be dealt under clause 63
&64 of GCCof East Coast Railway

Sahon Page 6 of7

H HRA HI Ananta Narayan
TIMGU (THHIT)/ Dy Gen. Manager (C.nrt
T (IgAT) TCHE GAIL (India) LimiteJ Sr.
612, 3chT TH Y- 5
, YIEIT, Divnl. Engincer (Ëast)
Pahala, NH-5
612, Utkal Signature,
HRGT-752101/ Bhubaneswar-752101 E.Co.Riatway, Khurde Road
 36 Any legal disputes between the Railway Administration and the permittee shal be resolved within th

jurisdiction of Court of Law at Bhubaneswar

Full cost of way leave facility shall be borne by Dy.General Manager (Const.)

GAIL,India,Limited,612,Utkal, SignaturePahal, NH-5,Bhubaneswar,District-Khurda,Odisha-

752101.(By HDD Method)
37 In witness where of the beneficiaries have set to their hands to these presents on the date mentioned

against each

38 Arbitration
In the event of any dispute or difference of opinion between the parties as to the respective right and

obligations of the parties hereunder or as to the true intent and meaning of these presents or any

articles or conditions thereof arising such dispute or difference of opinion (except the matters regarding

which the decision has been specifically provided for in this agreement) shall be referred to the sole

Arbitration of an Arbitrator to be appointed by the General Manager/East Coast Railway The

Arbitration and Conciliation Act. 1996 will applicable for this purpose.
If the Arbitrator appointed by the General Manager, East Coast Railway resigns from his appointment
as an Arbitrator or vacates his office or is unable or unwiling to act so far any reason what so ever or

dies the General Manager, East Coast Railway will have the power to appoint a new Arbitrator to actin

his place Such Arbitrator shall be entitled to proceed with the reference from the stage at which it was
left by the previous Arbitrator.

The Arbitrator may from time to time, with the consent of parties to these presents enlarge time for
making and publishing the award.

Signed by Sri R.K.Dash PERMITTOR. 30 1 2021

Designation, Sr.Divl.Engineer(East), Sr. Divnl. ëngiaeer (cast)
East Coast Railway, Khurda Road.
For and On behalf of the President of India. E.Co.Rialway, Khurte Road

This day of.

Witness
1.

2
Signed by:
PERMITTEE
Dy.General Manager (Const.)
GAIL India,Limited,612,Utkal,SignaturePahal, A Ananta Narayan Sa
HU Oy
NH-5,Bhubaneswar, District-Khurda,Odisha-752101. f 1 R
Cen Mana er
Regd. Office-GAIL Bhawan,16Bhikaiji Camp Place, GAL Lm
New Delhi-110066This day of 12, Uk
gnature, Palhaa, NH- 5
Witness:1 2. ChranjeeV Jena a l T52101/ Bhubaneswar-75210
Page 7 of7
9103615)
H ZTH/Sourabh Das
ore (trd7Senior Manager(Project)
ra )f AIL a} Limited
1-o -5
610-61:.i IH-5
15 032