Date: 2022-07-21Category: Extra OrdinaryState: Union GovernmentCountry: India
Publication of notification in the Extraordinary Gazette of India under Section 6(1) of the PMP Act 1962 (50 of 1962) relating to land schedule in respect of Kandla Gorakhpur LPG Pipeline to be laid by IHB limited for acquisition of ROU in Tehsil Amod, Distt Bharuch in the State of Gujarat
## Policy Analysis Report: Acquisition of Right of User for Kandla-Gorakhpur LPG Pipeline Project (Amendment)
**1. Executive Summary:**
This report analyzes a notification concerning the acquisition of the right of user for land in Gujarat, specifically for the Kandla-Gorakhpur LPG Pipeline project undertaken by IHB Ltd. The notification declares the Central Government's decision to acquire the right of user in specified land for the pipeline and directs that the user rights vest in IHB Ltd. The key finding is that this notification facilitates the project by granting IHB Ltd. the necessary rights to utilize the land for pipeline construction, while defining the company's responsibilities regarding compensation. This analysis focuses on this declaration and its implications, based solely on the information provided in the notification document.
**2. Introduction:**
This report aims to provide information regarding a government notification pertaining to the Kandla-Gorakhpur LPG Pipeline project. The analysis is based solely on the provided text of the notification and focuses on understanding its purpose, key provisions, and potential impact.
**3. Policy Overview:**
* **Original Policy Being Amended:** This notification appears to be an *amendment* or *supplement* to an existing policy framework concerning the acquisition of land for petroleum and mineral pipelines, specifically referencing the "Petroleum and minerals pipelines Acquisition of Right of User in Land Act, 1962 50 of 1962". The original intention to acquire land was published earlier, referencing Gazette No. 3053 date : 13.08.2021 and S.O No. 3295E Date 06.08.2021.
* **Core Objective(s):** Based on the text, the core objective is to formally acquire the right of user for specified land to facilitate the construction and operation of the Kandla-Gorakhpur LPG pipeline. This is to transport petroleum products from Kandla in Gujarat to Gorakhpur in Uttar Pradesh, implemented by IHB Ltd.
**4. Background and Rationale:**
The rationale for this amendment (or supplementary notification) appears to stem from the need to formally declare the acquisition of the right of user in the land, following the initial notification of intent and the subsequent report submitted by the Competent Authority. The Central Government, after considering the report, has determined that the land is required for the pipeline project, thus necessitating this declaration. This amendment solidifies IHB Ltd's right to use the land for the pipeline's construction, resolving issues related to land access and laying the groundwork for the pipeline's development.
**5. Key Provisions / Changes:**
This notification serves as a *declaration* amending and building on prior notifications. It introduces the following key changes:
* **Specific Part of the Original Policy Changed:** This notification executes a stage of the existing PMP Act, declaring the land acquisition.
* **New Rule/Provision:** The Central Government formally declares the acquisition of the right of user for the land specified in the Schedule attached to the notification for the purpose of laying the pipeline. Further, it directs that the right of user vests in IHB Ltd. upon publication of the declaration, free from all encumbrances.
* **Difference/Effect of this Change:** This declaration grants IHB Ltd. the legal right to use the specified land for pipeline construction. By vesting the rights directly in IHB Ltd., the Central Government removes itself from direct responsibility for land management related to the pipeline. IHB Ltd. becomes solely responsible for compensation related to the land under Section 10 of the PMP Act, 1962.
**6. Target Audience and Stakeholders:**
The target audience and stakeholders directly affected by this notification include:
* **IHB Ltd.:** As the implementing agency, IHB Ltd. is directly granted the right of user for the land and assumes responsibility for compensation.
* **Landowners in the specified areas (Taluka Amod, District Bharuch, State Gujarat):** Landowners whose property is listed in the Schedule are affected by the acquisition of the right of user. They are entitled to compensation as per Section 10 of the PMP Act, 1962.
* **Central Government:** While the user rights vest in IHB Ltd., the Central Government maintains oversight and ensures compliance with the PMP Act, 1962.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:**
* **IHB Ltd.:** Responsible for laying the pipeline and providing compensation to landowners.
* **Central Government:** Responsible for overseeing the implementation of the Act.
* **Competent Authority:** Submitted a report to the Central Government, leading to the acquisition declaration.
* **Timelines/Procedures:** The notification indicates that the right of user vests in IHB Ltd. on the date of publication. The process involves the following: initial notification of intent, a report from the Competent Authority, the Central Government's decision to acquire the right of user, and the formal declaration. No specific timelines beyond the vesting date are mentioned in the text.
**8. Expected Outcomes / Impact of Changes:**
The intended outcome of this declaration is to enable IHB Ltd. to proceed with the construction of the Kandla-Gorakhpur LPG pipeline by securing the necessary land rights. The transfer of user rights to IHB Ltd. simplifies the implementation process. Potential impact includes:
* **Expedited Project Implementation:** By granting IHB Ltd. clear rights to the land, the project can proceed more smoothly, potentially accelerating completion.
* **Compensation to Landowners:** Landowners will receive compensation from IHB Ltd. as per the PMP Act, 1962.
* **Reduced Litigation:** The clear allocation of responsibility for compensation to IHB Ltd. aims to minimize legal disputes involving the Central Government.
**9. Conclusion:**
This notification is a critical step in the Kandla-Gorakhpur LPG Pipeline project, formally granting IHB Ltd. the right of user for specified land in Gujarat. This declaration facilitates the project's progress by providing IHB Ltd. with the necessary legal authority to utilize the land for pipeline construction, as well as defining their compensation responsibilities. The notification is significant as it solidifies the land acquisition process and enables the project to advance, which is crucial to providing the infrastructure.
Key Entities Referenced
NEW DELHI: Capital of India, place of publication of the gazette notification
ASHADHA: A month in the Hindu calendar, corresponding to June-July in the Gregorian calendar
Petroleum and minerals pipelines Acquisition of Right of User in Land Act, 1962: The primary legislation authorizing the acquisition of land rights for petroleum and mineral pipelines.
Tehsil Amod: A sub-division of District Bharuch, Gujarat. Location of land to be acquired.
District Bharuch: A district in Gujarat State, India. Location of land to be acquired.
Gujarat State: A state in India. Location of land to be acquired.
Kandla: A city in Gujarat State, India. Origin point of the petroleum product pipeline.
Uttar Pradesh: A state in India. Destination state for the Kandla to Gorakhpur petroleum pipeline.
Gorakhpur: A city in Uttar Pradesh, India. Destination point of the petroleum product pipeline.
IHB Ltd.: The company responsible for laying the pipeline and liable for compensation. Implementing agency for the Kandla Gorakhpur LPG Pipeline Project
KandlaGorakhpur LPG Pipeline Project: The specific project for which the land acquisition is being carried out.
PMP Act, 1962: Abbreviation for Petroleum and Minerals Pipelines Act of 1962.
Village Kolavana: Village in Taluka Amod, District Bharuch, Gujarat State
Village Kerwada: Village in Taluka Amod, District Bharuch, Gujarat State
Village Buva: Village in Taluka Amod, District Bharuch, Gujarat State
Village Bodka: Village in Taluka Amod, District Bharuch, Gujarat State
Village Asnera: Village in Taluka Amod, District Bharuch, Gujarat State
Village Tegva: Village in Taluka Amod, District Bharuch, Gujarat State
Village Ninam: Village in Taluka Amod, District Bharuch, Gujarat State
Village Sarbhan: Village in Taluka Amod, District Bharuch, Gujarat State
Village Matar Vanto: Village in Taluka Amod, District Bharuch, Gujarat State
MINISTRY OF PETROLEUM AND NATURAL GAS: The ministry of government of India
P. SOMAKUMAR: Under Secy.