Date: 2021-12-24Category: Extra OrdinaryState: Union GovernmentCountry: India
Publication of notification in the Extra Ordinary Gazette of India under Section 6(1) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 relating to the land schedule in respect of Paradip Numaligarh Crude Oil Pipeline to be laid by Numaligarh Refinery Limited (NRL) for acquisition of ROU in the State of Odisha Anchal Erasama, Kujang, Mahakalpada, Basudebpur, Bahanaga, Distt Jagatsinghpur, Kendrapada, Bhadrak and Balasore
## Policy Analysis Report: Acquisition of Right of User for Petroleum Pipeline in Odisha
**1. Executive Summary:**
This report analyzes a notification from the Ministry of Petroleum and Natural Gas, Government of India, regarding the acquisition of the right of user (RoU) in land for laying a crude oil pipeline in the state of Odisha. The core purpose of this notification is to formally declare the government's acquisition of RoU and to vest this right in Numaligarh Refinery Limited (NRL). Key findings include the identification of specific land plots affected and the explicit assignment of compensation liabilities to NRL.
**2. Introduction:**
This report provides an informative overview of a government notification pertaining to the acquisition of the right of user in land for the purpose of laying a petroleum pipeline. The analysis is based solely on the text provided in the notification.
**3. Policy Overview:**
This notification acts as an *amendment* to the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962).
* **Core Objective(s):**
* Acquire the right of user in specific land parcels in Odisha for laying a pipeline for the transportation of crude oil from Paradip to Numaligarh.
* Vest the acquired right of user in Numaligarh Refinery Limited.
* Assign the responsibility for compensation related to the land acquisition solely to Numaligarh Refinery Limited.
**4. Background and Rationale:**
The notification states that a prior notification (S.O. No. 3199E dated 06th August, 2021) declared the Central Government's intention to acquire the RoU. The current notification follows the submission of a report by the competent authority and the Central Government's satisfaction that the land is indeed required for the pipeline project. The provided text suggests that this notification serves to finalize the acquisition process and formally transfer the rights and responsibilities.
**5. Key Provisions / Changes:**
This document describes the *amendment* to vesting rights to Numaligarh Refinery Limited.
* **Specific Part of Original Policy Being Changed:** This amendment specifically vests the rights of user, which would normally vest in the Central Government, in Numaligarh Refinery Limited. It also shifts the liability for compensation under Section 10 of the Act to NRL.
* **New Rule/Provision:** The key provision is the declaration that the right of user in the land specified in the schedule is acquired and that this right will vest in Numaligarh Refinery Limited, free from all encumbrances, upon publication of the declaration. Furthermore, Numaligarh Refinery Limited shall be exclusively liable for any compensation under Section 10 of the Act.
* **Difference/Effect of Change:** This amendment has two primary effects: Firstly, it streamlines the process by directly vesting the user rights in NRL instead of the Central Government, potentially expediting the pipeline project. Secondly, it clearly delineates financial responsibility, ensuring that NRL is solely accountable for any compensation claims related to the land acquisition, shielding the Central Government, competent authority, and State Government from legal proceedings.
**6. Target Audience and Stakeholders:**
The target audience and stakeholders directly affected by this notification include:
* **Numaligarh Refinery Limited:** As the entity vested with the right of user and responsible for compensation.
* **Landowners in the specified areas of Odisha:** Whose land is subject to the right of user acquisition.
* **Communities residing in the vicinity of the pipeline route:** Potentially affected by the construction and operation of the pipeline.
* **State Government of Odisha**: Involved given the land acquisition occurs within its borders.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:**
* Ministry of Petroleum and Natural Gas (issuing the notification).
* Numaligarh Refinery Limited (responsible for laying the pipeline and providing compensation).
* Competent Authority (submitted report to the Central Government).
* **Timelines/Procedures:**
* The right of user vests in NRL on the date of publication of the notification.
* The notification refers to a previous notification dated 06th August 2021 and a period up to 21.09.2021 for making the gazette notification available to the public. This implies a procedural timeline for notification, reporting, and declaration.
* **Amendment-Specific Implementation**: NRL is now responsible for understanding the implication of Section 10 of the PMP Act of 1962, and budgeting/planning for compensating landowners as the pipeline is developed.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcome of this amendment is to facilitate the efficient and timely construction of the crude oil pipeline from Paradip to Numaligarh. By vesting the RoU directly in NRL and assigning compensation responsibilities to them, the process is streamlined, and potential delays are minimized. The financial implications for NRL will be significant, requiring careful management of compensation payments. For landowners, it provides clarity regarding compensation and the responsible entity.
**9. Conclusion:**
The notification represents a key step in the process of acquiring the right of user for the Paradip-Numaligarh crude oil pipeline project. By vesting the right of user in Numaligarh Refinery Limited and assigning compensation liabilities to the same, the notification aims to expedite project implementation while ensuring clarity and accountability regarding compensation to affected landowners. This is significant for the petroleum industry as it will provide a safe and efficient method to transport crude oil, benefitting both the economy, and consumers in the region.
Key Entities Referenced
Petroleum and Minerals Pipelines Acquisition of Right of User in Land Act, 1962: A legal act mentioned in the notification.
Odisha: A state in India where the pipeline is being laid.
Crude Oil: Type of product being transported by the pipeline.
Paradip, Odisha: Starting point of the pipeline in the state of Odisha.
Numaligarh, Assam: Destination point of the pipeline in the state of Assam.
Numaligarh Refinery Limited: The company responsible for laying the pipeline and liable for compensation.
Jagatasinghpur, Odisha: District in Odisha, through which pipeline is laid.
Erasama: A Tahasil under Jagatsinghpur district in Odisha.
Kansaripatiya: A Mouza under Erasama Tahasil in Jagatsinghpur district of Odisha
Abhayachandpur: A Mouza under Erasama Tahasil in Jagatsinghpur district of Odisha
Kujang: A Tahasil under Jagatsinghpur district in Odisha.
Chaulipalanda: A Mouza under Kujang Tahasil in Jagatsinghpur district of Odisha
Kendrapara, Odisha: District in Odisha, through which pipeline is laid.
Mahakalapada: A Tahasil under Kendrapara district in Odisha.
Barakandha: A Mouza under Mahakalapada Tahasil in Kendrapara district of Odisha.
Bhadrak, Odisha: District in Odisha, through which pipeline is laid.
Basudebpur: A Tahasil under Bhadrak district in Odisha.
Bachhada: A Mouza under Basudebpur Tahasil in Bhadrak district of Odisha.
Balasore, Odisha: District in Odisha, through which pipeline is laid.
Bahanaga: A Tahasil under Balasore district in Odisha.
Kharasahapur: A Mouza under Bahanaga Tahasil in Balasore district of Odisha.
Ministry of Petroleum and Natural Gas: The Indian government ministry issuing the notification.