Date: 2014-08-14Category: 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 declares the Central Government's acquisition of the right to use land in Karnataka for laying a pipeline for LPG transportation by Hindustan Petroleum Corporation Limited (HPCL). This action follows an earlier notification and consideration of a report from the Competent Authority. The right of user will vest in HPCL from the date of this declaration's publication. HPCL is solely responsible for compensation related to this acquisition.
Key Points / Main Content:
* **Acquisition of Land Rights:**
* The Central Government declares the acquisition of the right to use land specified in the schedule attached to the notification for laying a pipeline.
* The pipeline project is for the transportation of LPG through the Mangalore-Hassan-Mysore-Solur pipeline by HPCL.
* This decision follows the initial notification S.O. 3740E, dated December 18, 2013, and consideration of the Competent Authority's report.
* **Vesting of Rights:**
* The right of user in the specified land will vest in HPCL instead of the Central Government.
* This transfer of rights to HPCL is effective from the date of publication of this declaration and is free from all encumbrances.
* **Liability and Legal Proceedings:**
* HPCL is exclusively liable for any compensation under Section 10 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962.
* No legal proceedings can be initiated against the Central Government, Competent Authority, any State Government, or Corporation concerning any matter related to the pipeline, according to Section 13 of the Act.
Impact Analysis:
* Hindustan Petroleum Corporation Limited (HPCL)
* Impact: Obtains the right to use the specified land for laying the LPG transportation pipeline and is responsible for compensation.
* Action Required: Proceed with laying the pipeline and handle all compensation claims as per Section 10 of the Petroleum and Minerals Pipelines Act, 1962.
* Landowners in Dakshina Kannada, Karnataka:
* Impact: Loss of right to user of land as specified in the schedule. Entitled to compensation from HPCL.
* Action Required: Await communication from HPCL regarding compensation and ensure claims are processed according to the Petroleum and Minerals Pipelines Act, 1962.
* Central Government, Competent Authority, and State Government
* Impact: Protected from legal challenges related to the pipeline project.
* Action Required: No action is required, but should be aware of their immunity from legal challenges related to the pipeline project.
Key Entities Referenced
Petroleum and Minerals Pipelines Acquisition of Right of User in Land Act, 1962: The central act under which the notification is issued for acquiring the right of user in land for laying petroleum and mineral pipelines.
Ministry of Petroleum and Natural Gas: The government ministry that issued the notification.
Hindustan Petroleum Corporation Limited: The company for which the right of user in the land is being acquired to lay the pipeline.
Mangalore-Hassan-Mysore-Solur Pipeline: The pipeline project for which the land is being acquired.
Karnataka: The state where the land acquisition is taking place for the pipeline project.
Dakshina Kannada: The district in Karnataka where land is being acquired.
Mangalore: Taluk (sub-district) within Dakshina Kannada district, Karnataka, where land is being acquired.
S.O. 3740E: Original notification number declaring the intention to acquire the land.