AGREEMENT OF TERMS FOR PERMITTING WAY LEAVE FACILITY/EASEMENT

RIGHTS ON RAILWAY LAND

Memorandum of terms agreed on this day 2022 of between PRESIDENT

OF INDIA acting through the Divisional Railway Manager, DDU division, East Central
Railway, (hereinafter called the Permittor’, which expression shall unless the context
does not so admit include his successors and signs) of the ONE PART and represented
by Electrical Executive Engineer, BSPTCL, Electric Transmission Division Dehri on
sone, Rohtas, Bihar 821305 hereinafter called the Permittee; which expression shall
unless the context dose not so admit include the successor, executor and
beneficiaries) of the OTHER PART. The East Central Railway Administration referred
to above shall hereinafter be called the Permittor Whereas the permittee is desirous
of way leave facility/Easement Right through railway land belonging to the permittor
and has approached for permission to do so and whereas the permittor has agreed to
grant such permission upon the terms and conditions hereinafter contained now in
this agreement witnessed as follows:-

1. General: The administration hereby permits the permittee as from day of

…………………. a way leave facility over the Railway land shown by boundary
line colored red on Plan no. 55/2022
Here unto annexed for the purpose hereinbefore mentioned as
permittee subject to the condition herein contained.

2. That it is distinctly understood by the Permittee that irrespective of the

permission the Railway will retain full legal title, ownership rights of access,
inspection and control over the used and disposal of the land hereby
temporarily permitted to be used and that the permission will only indicate
the physical access on the land subject to be mentioned right Permittor and
to the over- riding liability of quitting and restring even that physical
occupation at the will be and pleasure of permittor.

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3. That the permittor will only agree to give Temporary access on the land and
is liable to have this agreement cancelled at any time on three months
written notice in that regard without assigning any reason and without being
liable to pay any compensation thereof.

4. That noting contained herein shall be construed of interpreted by the

Permittee to created any right, title, interest, easement, prescription, and
grant whatsoever directly or indirectly in the land hereby permitted for use.

5. That the reserves the right to use the strip of land for collection materials
movement of vehicle and all other purposes without any notice to the
permitteee.

6. That the way leave/easement right on/across/over/under Railway land

involves occasional or limited use of land by there party for a specific
purpose like passage/pathway/roads of public roads/water pipeline crossing
individual up to 150 MM dia pipelines for water and sewage or effluent oil
gas/of /Electric lines crossing for individual house, shop etc./Electrical
crossing by state electricity Board and Central Agencies Laying
Telecommunication cables and alignment including tracks crossing ROB/RUB
etc. In all the above cases of way leave (Except underground Pipelines), no.
construction (whether permanent quasi-permanent of temporary other
than a kaccha or pucca road in cases the facility is expressly given for the
same ) is allowed on railway land.

7. That during the execution of the work on availing way leave facility
easesment right and also during maintenance any loss/ damage occurring
directly/indirectly to the Railway the permittee shall be responsible and cost
shall be realized as assumed by the permittor.

8. That the Railway shall not be party to any local problem that may arise
during execution of the work as well during maintenance and same will have
to be dealt with by the permittee / beneficiary .

9. That the construction work of Kuccha/Pucca road where facility is given for
the same under way leave/ easement right is to be executed strictly

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 adhering to the drawing approved by the competent authorities of railway
as-
“ The work is executed in terms of approved drawing No. 55/2022 any
addition and /or alteration should be got approved before execution of the
work no. construction other than then the above will be made and no.
request will be entertained for regularization if 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 .

10. That prior permission shall be obtained form the Railway administration
regarding safety aspects before execution of the work, if need so arises.

11. That the party has deposited Rs. 2000+1759368+317046= Rs. 20,76,414.00
Which has been adjusted only in advance towards way leave/ easement
charge for the period of thirty five years i.e. 2022-23 to 2057-2058 and the
next revision will fall due on 2057-2058 for the area of land measuring
370m2 involved for purpose of way leave charges and other railway charges
for permission for passing of 132 KV DC/SS crossing over Railway track at
Km.54/19-21 between SVPH-XBKJ as per DRM/DDU plan no. 55/2022 for 35
years. In addition to above, Bank guarantee (BG) worth Rs. Five lakhs have
been submitted by the party to recover the charges if any arises due to loss
of railway property during execution of said work. In case of breach of this
agreement the railway shall be entitled to:

a. Forfeit the above mentioned Bank Guarantee (BG)

b. Initiative eviction proceedings for getting the railway premises vacated

and take action for recovery of way leave/easement right charges and
liquidated damages up to the date of actual vacation.

12. That the party will pay the rates to the Permittor as way leave charges as
per Railway boards letters no. 97/LML/24/3 dated 10.07.98, 08.12.98 and
07.01.99 and 27.11.2001 24.04.2014 and 01.09.2014 and 2013/LML1/24/41
dated. 30.07.2014, as per revised guideline of board from time to time.
Subject to review /renewal of the arrangement every five years.

13. The permittee will abide by the rules and regulation in regard to
enhancement of rate of fes and period of renewal and other matter, time to
time framed by Railway board making any modification , addition.
Alternation etc. thereon.

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14. That the way leave charges provided for in the agreement shall be liable to
be enhanced by the railway administration form time to time at their sole
discretion and the party shall be bound to pay the way leave/ easement
right charges at the enhanced rates with retrospective effect if necessary on
receipt of notice within 90 days of receipt of such an notice.

15. That if at any time the pipeline, owing to deterioration or other cause,
becomes in the opinion of the east central Railways concerning office not
below the rank of divisional Engineer a menace to the safety of the east
central railway the permittee shall at once take steps to remedy such
dangerous defect to the satisfaction of such officer and if permitteee fails to
take such action within a reasonable time the said officer shall have the
right to take any other step for this purpose at the cost of permittee which
he may consider necessary for the protection of east central railway without
being liable for any loss suffered by the permittee due to such action In case
of leakage, fire, bursting of pipeline etc. necessary compensation will have
toe be paid to the railway as may be assessed by the railway .

16. That in the event to the permittor desiring to execute new work in
government railway land necessitating the attention or shifting or the way
leave facility permitted, the permittee aggress to carry out these alteration
or shifting under the supervision of said offcer of the East Central Railway
concerned of that he will raise no objection to the work being done by
opinion of east central Railway such works are required to be done by the
est central railway. In either event the permittee shall have no claim against
the Government or the Permittor owing o interruption in the way leave
facility permitted.

17. That the permittee shall be liable to pay the extra way leave charges which
ever will be applicable for the extra area of land in the event of the way
leave facility being shifted on the requirement either by the permittee or by
the permittor.

18. That the permittor shall not be responsible for any damage caused to the
pipe line by the running of the trains by the said of/above it, by derailments
or accidents to the trains or by any other cause whatsoever. The permitter
shall not at all be responsible for accidents and unsafe maintenance of the
pipe line and the pollution if any. The permittee should maintain hygienic
atmosphere in maintaining the pipe line .

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19. That the permitee will pay the supervision charges at the rates as will be
fixed by railway administration in addition to way leave charges mentioned
in clause 11 in advance. The charges w3ill be levied once only be the total
outlet on a work.

20. That te permitee shall not transfer or assign this agreement or any of the
privileges here by granted or part with the permission for using the land
without prior approval of the railway .

21. That the permittee if uses more area of the railway land than the permitted
area it will be treated s unauthorized occupation and breach of agreement
which will result for termination of the agreement for the way leave facility
permitted.

22. That in the event of way leave facility/easement right being discontinued
with by the party, the railway will not liable to pay compensation reimburse
any amount of the party.

23. That this agreement will be got reviewed/ renewed once in every 35 (Thirty
five) years i.e. 2057-58

24. That in the event of scheduled /natural expiry of the agreement the
Beneficiary will be bound to hand over the possession of the railway land to
the railway authority. This include making good any damage that have been
caused to the railway land at his own expenses if the case so arises.

25. Suspension and the termination of the agreement by the president :

The administration shall at any time and form 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 intentions so to do being left at or sent by registered
post to the registered officers/ address of the permittee and not or
temporary character and incurred expenses in the expenses in the execution
there of The permitteee shall not be entitled to any damage or compensation
by reason of such termination or suspension.

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26. The Permittee may on giving to the administration one month’s notice in
writing, terminates this agreement and such notice shall be sufficiently
served by sending it through registered post to the Divisional Railway
Manager MGS Division East Central Railway at or left at this office in
27. That the beneficiary will pay that cost of all stamping damage and execution
of this agreement.

28. Subject to as otherwise provided in this agreement all notice to be given on

behalf of the president of India and all other action to be taken on his behalf
by Divisional Railway Manager of the respective division of the East Central
Railway.

29. If for convenience of operation, the railway desires shifting removal of the
crossing, the owner will carry out such works within a reasonable period
determined by the railway and all costs for the same shall be borne by
agency

30. All request/ differences of any kind whatsoever arising out of or in

connection with the contract, whether during the progresses/lease period
be referred by the permittee, shall be dealt under clause…………………… of
GCC of East Central Railway.

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In witness where of the beneficiaries have set their hand to these presents
on that date mentioned against each .

Signed by

Designation

East Central Railway

This Day of ………………..

Witness

1.

2.

Signed by the said PERMITTEE

This day of …………….

Witness

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