File 240/1913 'Mohammerah - Khoremabad Railway; the Khor Musa agreement' [‎148r] (300/452)

[This Document is the Property of His
Britannic M
ajesty's Government.]
[B]
PERSIA.
CONFIDENTIAL.
wit l'.
[December 13.]
i
J
Section 5.
[53197]
No. 1.
Persian Railway Syndicate to Foreign Office.—(Received December 13.)
Winchester House, Old Broad Street, London,
Sir, December 12, 1912.
IN reply to your letter of the 9th December, we are instructed to advise you that
our board have considered the proposed draft of article 4 enclosed in your letter, which,
however, does not quite cover the points desired by the board as the clause states
that the syndicate are only to be granted the right of acquiring lands and buildings
other than Government property with the consent of proprietors. These last words are
extremely inadvisable as the intention of the clause, as drafted by us, is to prevent the
unreasonable withholding of the consent of any individual or individuals, the result of
which might be to render the construction of the railway impossible.
Some words giving the syndicate powers equivalent to those conferred by the
Land Acquisition Act in India are, our board consider, essential, and they have therefore
redrafted the clause as per copy enclosed, the alterations being shown in large type.
We trust that the clause, as now submitted, will meet with your approval, in which
case, our board will be greatly obliged by your telegraphing same verbatim to His
Majesty’s Minister at Tehran immediately.
We are, &c.
(For British and Foreign General Securities
and Investment Trust, Limited),
A. B. STODART, Secretary.
Enclosure in No. 1.
Draft of Article 4.
THE Imperial Persian Government makes a free grant to the syndicate of all the
uncultivated lands belonging to the State which the syndicate’s engineers shall deem
necessary tor the construction of all or a part of the works in question, and the syndicate
shall be authorised to take on such lands and [or] any other lands belonging to the
State free of cost, the timber materials, &c., which may be required for the construction
or maintenance of such works. As for the cultivated lands belonging to the Government,
the syndicate must buy them at an equitable price and one which is the current market
price in the province. The Imperial Government grants also to the syndicate the right
of acquiring from other proprietors all other lands or buildings necessary for the
same object, on conditions to be settled between the syndicate and the proprietors, on
the understanding that the latter shall not be able to raise any claims of such a
nature as to enhance the ordinary current prices for lands situated in their respective
districts.
In the event of any difference between the syndicate and the Government or
other proprietors as to the price agreed for the purchase of any zones or strips of
land as provided in this clause, it shall be referred by the syndicate and the Government
or such other proprietors, jointly, to the decision of the British Minister at Tehran,
who shall have power to decide whether any price proposed to be paid is reasonable,
having regard to all the circumstances. Holy places and all their dependencies within
a radius of 200 Persian archins are formally excluded from this clause, except in cases
where the local ecclesiastical authorities otherwise expressly agree.
[2729 n—5]
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