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NOC Agreement for Railway Proximity Structures

This document is an agreement between an applicant and the Government for the issuance of a No Objection Certificate for constructing structures near railway boundaries. It outlines the conditions under which the applicant can build, including the requirement to remove the structure if requested by the railway, and stipulates that no compensation will be provided for damages caused by railway operations. Additionally, it specifies the need for a safe distance between the construction and railway land, and details the process for resolving disputes.

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74 views3 pages

NOC Agreement for Railway Proximity Structures

This document is an agreement between an applicant and the Government for the issuance of a No Objection Certificate for constructing structures near railway boundaries. It outlines the conditions under which the applicant can build, including the requirement to remove the structure if requested by the railway, and stipulates that no compensation will be provided for damages caused by railway operations. Additionally, it specifies the need for a safe distance between the construction and railway land, and details the process for resolving disputes.

Uploaded by

sanmikha2022
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd

AGREEMENT FOR ISSUE OF NO OBJECTION CERTIFICATE FOR

CONSTRUCTION OF PRIVATE/OTHER STRUCTURES NEAR


RAILWAY BOUNDARY

This agreement made this______ day of_____________________________ 2022


at Madurai between
---------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------hereinafter called the Applicant on the one part
and the President of Union of India represented by the Divisional Railway Manager
(Works)/Madurai Division, Southern Railway on the other part hereinafter called the
Government (Which expression shall include unless the context does not admit their successors
and assigns)
Whereas the applicant owns a plot of land in [Link]. --------------------, in
---------------------------------------------------------------------------------------------------------------------
---------------------at Km. --------------------------------- in between------------------- and
--------------------- stations in SSE/PWay/------------- section as per the Railway’s Land Plan No:
............…………. attached and whereas the applicant desirous of putting a structure attached
herewith.
Whereas on account of the said plot/land in a location of close proximity to the Railway
boundary the Railway Revenue regulation require (under the Railway Act) that the prior
permission in writing of the Railway is required before any structure in the said land.

Whereas the Applicant understand such permission cannot be claimed as a Matter of right
and may not be given by the Railway at its discretion and if given the Railway may impose such
conditions as deemed fit by the Railway.

Whereas the Government is agreeable to give such permission and “No objection”
provided the applicant agrees, if and when so required by the Railway at any future date, to pull
down the structure and keep the plot vacant as of now and subject to the conditions laid down
and mutually agreed to as under.
1. It is hereby mutually agreed between the Government and the Applicant that the
Government shall grant such conditional permission for putting up the structure so applied for
and the Applicant shall, if an when required by the Government at any future date, to pull down
the structure and keep the land vacant as of now. It is further agreed that the approval is only for
the structure approved as per the plan and description before said.

2. Compensation is not payable for the damages if any, caused to the building of the
Applicant consequent either on frequent movements of trains nearby or on other Railway
operational works in that area. Decision of the Government is final in this regard.

3. Either construction of the building or any future improvement done to the structure will
not be a hindrance to the normal working of the Railway and decision of the Government
is final in this regard.

4. Making trespass of any other kind in Railway land for easy access to the building
consequent on its existence or otherwise in close proximity to the Railway land is
prohibited and it is agreed to by the applicant.

5. It is hereby agreed to by the Applicant that a space of 3 (three) meter will be left by the
applicant between the Railway’s boundary or compound wall (where it exists) and the
proposed structure of the applicant, so as to avoid misuse of any construction or
encroachment on the Railway’s compound wall or land. This however is independent of
the requirement of the bye-laws of the local body concerned. In case of difficulties to
comply with the above due to limitation of availability of land the applicant agrees to
leave at least one meter space between the Railway’s and the Applicant’s proposed
construction so as to avoid trespass in to or misuse of the Railway land.

6. It is agreed to by the applicant that he has made/there exists separate and proper approach
road to his proposed land which is outside the Railway boundary. He further agrees that
in case of violation of this provision subsequently coming to notice, the No objection
granted to him by the Government is liable to be cancelled at the discretion of the
Government at the cost of the Applicant and the Applicant is further liable to pay the cost
of damages which will be decided by the Government and the decision of the
Government is final in this regard.
7. The septic tank and dispersion trench etc., if any, proposed by the Applicant will be
located sufficiently away from the Railway boundary compound wall and the effluent
water will not be allowed to enter into the Railway premises. In case of violations of the
same, the No objection granted to him by the government is liable to be cancelled at the
discretion of the Government at the cost of the Applicant and the Applicant is further
liable to pay the cost of damages which will be decided by the Government and the
decision of the Government is final in this regard.

8. In the event of any dispute, difference etc., arising between the parties hereto on the
interpretation or in the working of the agreement, the same shall be referred to the
General Manager, Southern Railway or any one specially to be nominated by him in this
behalf whose decision thereon shall be final and binding on the parties hereto. The
Applicant has no right to claim for any compensation for the structures erected and to be
pulled due by him.

This agreement is signed by the Parties as under for granting of No objection by the
Government to the Applicant.

DRM/MDU Approved [Link]. …………….........

Signature of the Applicants Signature of the Divisional Railway


Manager (Works)
Southern Railway, Madurai.

Witness: Witness:
1. 1.

2. 2.

Common questions

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Applicants are prohibited from trespassing or causing any other form of misuse on Railway land to gain easy access to their building due to its proximity. Compliance with leaving a set space between the railway boundary and construction aims to prevent encroachment .

The agreement requires that no future construction improvements should obstruct Railway operations, and any potential impact is subject to the Government's discretion and final decision . Retaining a distance from the Railway boundary also limits future risks of encroachment or interference .

The agreement stipulates that the construction or any future improvements must not hinder the normal working of the Railway, and the decision of the Government regarding this is final . Additionally, a mandatory space of 3 meters (or 1 meter if land is limited) must be left between the railway boundary and the proposed structure to prevent encroachment and ensure operations are not affected .

The Divisional Railway Manager (Works) has a decisive role, with the Government making the final decisions. The applicant agrees that any developments will not impede Railway operations, for which the Government’s decision is conclusive . Any disputes or differences related to the agreement are resolved by the General Manager, Southern Railway or their designee .

The Railway can demand the removal of a structure if it deems necessary at any future date according to the agreement. The applicant agrees to pull down the structure and keep the land vacant without claiming any compensation . The decision of the Government is final in such matters .

The Government can revoke the No Objection Certificate if the applicant violates any terms such as failing to maintain appropriate separation of structures, failing to ensure proper drainage, or having no proper access outside Railway land. Revocation is at the Government's discretion, and the applicant bears any damage costs resulting from such violations .

The applicant is responsible for ensuring that any septic tank, dispersion trench, or drainage is located sufficiently away from the Railway boundary. Effluent water must not be allowed to enter Railway premises. If these conditions are violated, the No Objection Certificate can be canceled, and the applicant is liable for damages as decided by the Government .

The agreement states that no compensation is payable for any damage caused to the applicant's building due to frequent train movements or other railway operational works. The Government's decision in this matter is final .

If the applicant fails to maintain a separate and proper approach road outside the Railway boundary, and a violation is discovered, the No Objection Certificate may be canceled at the Government's discretion. The applicant is also liable for any costs of damages as determined by the Government .

In the event of a dispute or difference regarding the interpretation or execution of the agreement, the matter shall be referred to the General Manager, Southern Railway, or a designated representative whose decision is final and binding on both parties .

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