Date: 2021-12-15Category: Extra OrdinaryState: Union GovernmentCountry: India
Publication of De Notification in the Extra Ordinary Gazette of India under Petroleum and Minerals Pipelines (ARUL) Act, 1962 for Dahej (Gujarat) Nagothane (Maharashtra) Liquid Ethane Pipeline (DNEPL).
## Report on Amendment to Policy Regarding Petroleum and Mineral Pipelines
**1. Executive Summary:**
This report analyzes a specific amendment to the policy regarding the acquisition of the Right of User (ROU) in land for petroleum and mineral pipelines. The amendment, detailed in Notification S.O. 5205(E), dated December 6, 2021, focuses on denotifying land parcels previously acquired for pipeline development but no longer required due to final pipeline alignment. The core purpose is to release land rights that are not ultimately needed for the Reliance Ethane Pipelines Limited project, increasing efficiency and potentially reducing costs associated with unnecessary land acquisition. The key finding is the government's commitment to adjusting land acquisition based on finalized project plans.
**2. Introduction:**
This report aims to provide information to affected industries regarding an amendment to the policy governing the acquisition of land for petroleum and mineral pipelines in India. The analysis is based solely on the provided official notification, S.O. 5205(E), published in the Gazette of India on December 15, 2021.
**3. Policy Overview:**
* **Amendment to:** The amendment pertains to the *Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962* (50 of 1962). The original acquisition was initiated through notification S.O. 226(E) dated 21/01/2016.
* **Core Objective(s):** The objective of the *amendment*, as inferred from the text, is to denotify previously acquired land parcels that are not part of the final pipeline alignment, thereby streamlining land usage and potentially minimizing associated costs.
**4. Background and Rationale:**
The amendment addresses the situation where the initial land acquisition for the Reliance Ethane Pipelines Limited project included parcels that, upon final alignment of the pipeline, were deemed unnecessary. This amendment allows for the release of those land rights, potentially benefiting landowners and optimizing project resources. The rationale behind the amendment is to rectify discrepancies between the initial land acquisition and the final pipeline route based on the report submitted by the Competent Authority.
**5. Key Provisions / Changes:**
This section focuses on the changes introduced by the amendment text:
* **Specific Part of Original Policy Changed:** The amendment specifically alters the effect of the initial land acquisition notification (S.O. 226(E) dated 21/01/2016). It does *not* appear to alter the underlying Act of 1962 itself.
* **New Rule/Provision:** The core change is the denotification of the Right of User (ROU) for specific land parcels identified in the schedule attached to the notification. The notification states that "the Right of User acquired mentioned in the schedule are denotified."
* **Difference/Effect of Change:** The primary effect of this change is that Reliance Ethane Pipelines Limited no longer has the right to use the denotified land parcels for pipeline purposes. The land rights for these parcels likely revert to the original owners or other specified entities. The schedule lists these parcels, including their location (village: Markewadi, Bendase, Mudre Budruk), survey numbers, and the area in hectares that is being denotified.
**6. Target Audience and Stakeholders:**
Based on the text, the directly affected parties are:
* **Reliance Ethane Pipelines Limited:** The company's project is the subject of the land acquisition and subsequent denotification.
* **Landowners in the specified villages (Markewadi, Bendase, and Mudre Budruk) in Karjat Tehsil/Taluk, Raigad District, Maharashtra:** These landowners are directly affected by the denotification, as it potentially restores their rights to the land parcels.
* **Competent Authority:** The entity submitting the report requesting the denotification of land parcels.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:**
* Ministry of Petroleum and Natural Gas (issuing the notification).
* Competent Authority (submitting the report).
* Reliance Ethane Pipelines Limited (intimating the need for denotification).
* **Timelines/Procedures:** The notification does not explicitly specify timelines or procedures beyond the denotification becoming effective upon publication in the Gazette of India. However, it implies a process involving: intimation from the pipeline company, review by the Competent Authority, a report submission, government consideration, and finally, the denotification order.
* **Implementation aspects related to the changes:** The primary implementation aspect is ensuring that Reliance Ethane Pipelines Limited ceases any activities related to the pipeline construction on the denotified land parcels. The competent authority would need to inform landowners of the change in status.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcomes of these changes are:
* **Reduced costs for Reliance Ethane Pipelines Limited:** By relinquishing rights to unneeded land, the company may reduce costs associated with compensation, maintenance, or potential environmental liabilities.
* **Return of land rights to original owners:** Landowners regain control and usage rights of the denotified parcels, potentially benefiting from the land's use for other purposes.
* **Improved efficiency in land acquisition processes:** This amendment demonstrates a commitment to adjusting land acquisition based on project realities, promoting responsible and efficient land management.
**9. Conclusion:**
The amendment, detailed in Notification S.O. 5205(E), is a specific adjustment to the land acquisition process for the Reliance Ethane Pipelines Limited project. By denotifying land parcels no longer needed for the pipeline, the government aims to optimize land usage, potentially reduce project costs, and return land rights to the original owners. The amendment highlights the importance of ongoing assessment and adjustments in large-scale infrastructure projects to ensure efficiency and minimize disruption.
Key Entities Referenced
Petroleum and Minerals Pipelines Acquisition of Right of User in Land Act, 1962: A law concerning the acquisition of land rights for petroleum and mineral pipelines.
Ministry of Petroleum and Natural Gas: The Government of India ministry responsible for petroleum and natural gas.
S.O. 226 E: Notification number of the Ministry of Petroleum and Natural Gas, dated 21012016, related to the acquisition of Right of User in land.
Reliance Ethane Pipelines Limited: A company that submitted a report requesting to denotify land parcels.
Karjat: Tehsil/Taluk mentioned in the schedule of land to be denotified in Maharashtra.
Raigad: District mentioned in the schedule of land to be denotified in Maharashtra.
Maharashtra: State where the land parcels to be denotified are located.
Markewadi: Name of village in Maharashtra where land is to be denotified.
Bendase: Name of village in Maharashtra where land is to be denotified.
Mudre Budruk: Name of village in Maharashtra where land is to be denotified.
RAKESH MISHRA: Under Secretary at the Ministry of Petroleum and Natural Gas.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
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असाधारण
EXTRAORDINARY
भाग II—खण्ड 3—उप-खण्ड (ii)
PART II—Section 3—Sub-section (ii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
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No. 4824] NEW DELHI, WEDNESDAY, DECEMBER 15, 2021/AGRAHAYANA 24, 1943
नई दिल्ली, 6 दिसम् बर, 2021
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MINISTRY OF PETROLEUM AND NATURAL GAS
NOTIFICATION
New Delhi, the 6th December, 2021
S.O. 5205(E).—Whereas by notification of Government of India in Ministry of Petroleum and Natural Gas,
number S.O. 226 ( E ) dated 21-01-2016 Government of India declared acquisition of Right of User in land, in
exercise of the power conferred by sub-section (1) of Section 6 of the Petroleum and Minerals Pipelines (Acquisition
of Right of User in Land) Act, 1962 (50 of 1962).
And whereas, the Competent Authority, on intimation from M/s Reliance Ethane Pipelines Limited,
submitted a report requesting to de-notify the land parcels, the schedule annexed here to, which are not falling on the
final alignment where the pipeline is laid.
And whereas, Government of India after considering the said report and on being satisfied, hereby declares
that the Right of User acquired mentioned in the schedule are de-notified.
SCHEDULE
Mandal/Tehsil/ Taluk: Karjat District : Raigad State: Maharashtra
Name of Village Survey No./Sub-Division No. Area to be acquired for ROU
Hec. Are C-Are
1 2 3 4 5
1) Markewadi 44/1 00 12 07
45 00 05 62
2) Bendase 25/2 00 00 85
36-PF 00 01 27
3) Mudre Budruk 6 00 08 49
[F. No. L-14014/136/2021-GP-II ] [E-40129]
RAKESH MISHRA, Under Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.