Date: 2014-11-27Category: Extra OrdinaryState: Union GovernmentCountry: India
In exercise of the powers conferred by sub-section (1) of Section 6 of the said Act, the Central Govt. hereby declares that the right of user in the land specified in the Schedule appended to this notification is hereby acquired for laying the pipeline.
Executive Summary:
This notification from the Ministry of Petroleum and Natural Gas declares the acquisition of the right of user for land in Gopalgunj District, Bihar, for laying a pipeline by Indian Oil Corporation Limited (IOCL) for the Patna-Motihari-Baitalpur Pipeline project. This follows an earlier notification on July 16, 2014, and consideration of a report submitted under the Petroleum and Minerals Pipelines Act, 1962. The declaration is effective from the date of publication and vests the right of user with IOCL.
Key Points / Main Content:
Acquisition of Land Rights:
* The Central Government declares the acquisition of the right to use land in Gopalgunj District, Bihar, as specified in the attached schedule, for laying a petroleum pipeline.
* This acquisition is for the Patna-Motihari-Baitalpur Pipeline project.
* The acquisition follows the procedures outlined in the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962.
Vesting of Rights:
* The right of user in the specified land will vest in Indian Oil Corporation Limited (IOCL) from the date of this declaration, free from all encumbrances, rather than vesting in the Central Government.
Liability and Legal Proceedings:
* IOCL is exclusively liable for any compensation related to the land use, as per Section 10 of the Petroleum and Minerals Pipelines Act, 1962.
* No suits, claims, or legal proceedings can be brought against the Central Government regarding any matter related to the pipeline.
Schedule of Affected Land:
* The notification includes a schedule detailing the specific survey numbers, village names (Mouja), and land areas (in Hectare Are Sq.mtr) within Gopalgunj District, Bihar, where the right of user is acquired. Villages include Ajbi Nagar, Budhsi, Kateakhas and Kasi Tengrahi.
Impact Analysis:
Indian Oil Corporation Limited (IOCL):
* Impact: IOCL is granted the right of user for the specified land to lay the pipeline and is responsible for compensation related to the land use.
* Action Required: IOCL must ensure the pipeline is laid according to regulations and provide compensation as required by the Petroleum and Minerals Pipelines Act, 1962.
Landowners/Occupants:
* Impact: Landowners/occupants of the specified land will have their right to use the land encumbered for the purpose of laying the pipeline. They are entitled to compensation from IOCL.
* Action Required: Landowners/occupants should cooperate with IOCL for the laying of the pipeline and file claims for compensation as per the Petroleum and Minerals Pipelines Act, 1962.
Central Government:
* Impact: The Central Government is shielded from any legal claims or proceedings related to the pipeline project.
* Action Required: No action required, as IOCL is solely responsible for all matters relating to the pipeline.
Key Entities Referenced
Ministry of Petroleum and Natural Gas: A ministry of the Government of India, responsible for the exploration, production, refining, distribution, marketing, import and export of petroleum, natural gas, and petrochemicals.
Petroleum and Minerals Pipelines Acquisition of Right of User in Land Act, 1962: An act of the Indian Parliament providing for the acquisition of the right of user in land for laying petroleum and mineral pipelines.
Indian Oil Corporation Limited: An Indian government-owned oil and gas company.
Bihar: A state in eastern India.
Gopalgunj District: A district in the state of Bihar, India.
Patna, Motihari, Baitalpur Pipeline: A pipeline project for the transportation of petroleum items.
New Delhi: The capital of India, where the notification was issued.
Pawan Kumar: Under Secretary in the Ministry of Petroleum and Natural Gas.