Railway Land Management Policy

Source: Master Circular No. 2021/LML/25/5 dated 04.10.2022 Click for download

Salient features:

❖ To align with the PM Gati Shakti framework

❖ To attract more cargo to Railways
❖ Simplifying the policies of Lease, License and Way Leave facilities/ROW - Right Of Way of
Railway Land.
❖ New policy applicable for all the cases under consideration as on date, new cases and
renewal of cases
❖ This policy shall supersede all previous policies/guidelines/instructions on the subject of
Lease/License/Way Leave facilities (ROW)

Permitted users of Railway Land

1. All activities connected with Railway work and activities (to promote Railway cargo)
2. Cargo Terminals
3. Cargo-related activities i.e., warehouses, storage facilities, tanks, weigh bridges, truck
parking, etc.
4. Passenger facilities
5. Renewable energy
6. Infrastructure for public service utilities (Gas, electricity, Optical Fibre Cable, Water supply,
pipelines, flyovers, roads, bus terminals, RRT - Regional Rail Transport, Urban transport etc
7. Staff amenities i.e., Grow more Food scheme, etc
8. Cultural, Social & Sports activities. But it was permitted for a short term not exceeding 4
months.
9. Government bodies / Departments for their own use
10. Social Infrastructure i.e., Hospitals and Kendriya Vidyalayas (through transparent policy)
11. RLDA - for commercial development of surplus railway land
12. RCIL - Railtel Corporation of India Limited for towers and other telecom infrastructure

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Not permitted - Railway Land

1. Religious institutions
2. Political institutions
3. Private individuals/entities for setting up of shops, commercial offices, vending stalls, clinics,
schools, etc

❖ Applications and Approvals through Online portals only

Item (for online approval / granting Portal

permission)

Leasing/licensing of Railway Land IR - LsPS - Indian Railways Lease/License

Processing System

Way leave/ROW - Right Of Way permission on IR-RBCS - Indian Railways Rail Bhoomi
Railway Land Crossing Seva

❖ Competent Authority - DRM (for permissions in new cases as well as Renewals)

❖ Time Frame:

Item ______ from the date of registration on the

Online portal

Way Leave - up to diameter of 300 mm 15 days

Way Leave - other than above 60 days

Lease/License of Railway Land 90 days

❖ MVL stands for Market Value of Land (Railway)

General conditions:

❖ Land ownership continue to remain with Railways.

❖ No sub-lease/license/mortgage/transfer/relinquishment of Railway Land shall be permitted.

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 ❖ The execution of work for providing a Wayleave facility - Normally done by the Party. In case,
if it involves the safety of the railway tracks, execution will be done by the Railways.
❖ The execution scheme - in all cases - is approved by DRM only.
❖ Charges of Stamp duty, Documentation, Registration, GST, etc - shall be borne by the Party.
❖ Responsibility of Registration of Agreement - by the Party
❖ Agreement parties: Sr.DEN and Party. Should enter Agreement before the work commences.
❖ Model standard agreement - will be issued by the Railway Board
❖ Renewal - by DRM only
❖ Agreement - Original copy at Divisional Office and another copy at Zonal Hqrs
❖ Wayleave - All existing users - shall be able to migrate to new policy regime only after the
expiry of the period of existing agreement and payment of all dues.
❖ Lease/License of Cargo terminals, private sidings, PFT - Private Freight Terminals - will
continue the existing policy i.e., Annual Lease/License charges @6 % of MVL with an annual
escalation of 7% for the remaining period or 35 years or mutually decided whichever is
earlier.
❖ Lease/License - Existing parties are allowed to migrate to the new policy. Should participate
in the competitive bidding process. Right of first refusal to existing parties. Where there is no
competition, the existing parties can continue the old policy subject to terms and conditions
as per the old policy.

Dispute Resolution:

❖ If any dispute between parties, a standing committee of 3 JAG/SG officers of Engineering,

Accounts and User Department of the concerned Railway/Division shall examine all the
issues and submit the recommendations to the DRM whose decision shall be final and
binding on all the parties.

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Web based application for Wayleave Easement

1. Whole process (Application to sanction stage) digitized.

2. Instant alerts and notifications to all the stakeholders.
3. Use of Digital Signature Certificates for complete authenticity and integrity.
4. Online Payments.
5. No delay on account of payment verification.
6. Real-time monitoring for all stakeholder.
7. Covers all types of Crossing viz. pipeline, culvert, cable, powerline, Road Under Bridge, Road
Over Bridge etc..

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