No. 2015/LML-1/19/2, Procedure for issue of No Objection Certificate for construction or redevelopment of Government and private building on land adjoining railway boundary

What the guidance governs

Railway Board letter No. 2015/LML-1/19/2 applies to Government and private buildings on land adjoining a railway boundary. Its purpose is to protect railway land and operations by preventing encroachment and avoiding easement claims over railway land, including rights of way and rights to discharge sullage or storm water.

The Indian Railways Works Manual indicates approximately 30 metres of open space between the railway boundary and the nearest edge of a building, although the exact space depends on local conditions. In cities and towns where land is valuable, the guidance recognises that leaving a large vacant area may not be practical. The space must still allow future road access and drainage outside railway land.

Who is affected

The Railway No Objection Certificate procedure affects:

• Owners or applicants proposing Government or private construction or redevelopment near railway land.
• State Government and local authorities forwarding applications to the concerned railway divisional office.
• Railway field units, divisions and headquarters responsible for verification and approval.
• Applicants proposing high rise buildings or basements involving deep excavation near railway tracks.

Application documents and checks

An applicant must provide a request forwarded by the State Government or local authority, together with:

• Clear title to the land, supported by all related documents.
• A detailed building drawing showing the complete layout, height, width and length.
• A structural stability certificate from a civil or structural engineer.

Railway field units must verify the site, railway land width, plot distance from the railway boundary, rail level and ground level. The plot must be identified by reference to a kilometre post and permanent structures. A drawing must also show drainage, building access, dimensions and the distance from the railway boundary.

Approval and safety requirements

The divisional office scrutinises the proposal after field verification and may consult construction units to confirm that the land is not under acquisition. A proposal approved by the Divisional Railway Manager is sent to headquarters for approval before the division issues the certificate.

Railway review must consider train safety, land boundaries, road availability and waste disposal. Sewage, sullage water and septic tank discharge must be kept away from railway land. High rise buildings and basements may be subject to railway supervision or inspection during construction and throughout the building's lifetime. The stated time limit for granting the certificate is 60 days.