Date: 2022-03-28Category: 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 Dholka, Distt Ahmedabad in the State of Gujarat
## Policy Analysis Report: Acquisition of Right of User for Kandla Gorakhpur LPG Pipeline Project (Pipavav to IHB Limited Dumad Section)
**1. Executive Summary:**
This report analyzes a notification from the Ministry of Petroleum and Natural Gas, Government of India, concerning the acquisition of Right of User (RoU) in land for the Kandla Gorakhpur LPG Pipeline Project, specifically the "Pipavav to IHB Limited Dumad" section, in Dholka Taluka, Ahmedabad District, Gujarat. The core purpose is to declare the government's decision to acquire RoU in the specified land for pipeline construction and to vest this right in IHB Limited, who will be responsible for compensation. The key finding is the formal acquisition of land rights by the government, transferred to IHB Limited, for this critical infrastructure project and the specification of areas impacted.
**2. Introduction:**
This report provides an overview and analysis of a government notification regarding the acquisition of Right of User (RoU) for land required for the Kandla Gorakhpur LPG Pipeline Project. The analysis is solely based on the provided text of the notification and aims to inform stakeholders about the declaration, its implications, and key provisions.
**3. Policy Overview:**
* This is a new policy declaration relating to land acquisition for a specific infrastructure project.
* **Core Objective(s):**
* To acquire the Right of User in land for the Kandla Gorakhpur LPG Pipeline Project (Pipavav to IHB Limited Dumad section).
* To vest the acquired Right of User in IHB Limited for the purpose of laying the pipeline.
* To define the compensation liability of IHB Limited.
**4. Background and Rationale:**
This policy addresses the need to acquire land rights to facilitate the construction of the Kandla Gorakhpur LPG Pipeline. This is a critical infrastructure project to move petroleum and gas. The rationale appears to be based on facilitating the transportation of petroleum products from Kandla to Gorakhpur by creating a pipeline corridor, necessitating the formal acquisition of land rights. This ensures that the project can proceed with minimal disruption and a clearly defined legal framework for land use.
**5. Key Provisions:**
The notification establishes the following key provisions:
* **Declaration of RoU Acquisition:** The Central Government declares the acquisition of Right of User in the land specified in the Schedule attached to the notification.
* **Transfer of Rights to IHB Limited:** The acquired Right of User is vested in IHB Limited, not the Central Government.
* **IHB Limited's Liability for Compensation:** IHB Limited is exclusively liable for compensation to landowners as per Section 10 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (PMP Act).
* **Government Immunity from Claims:** No legal proceedings can be initiated against the Central Government regarding matters related to the pipeline.
* **Detailed Land Schedule:** The notification includes a detailed schedule specifying the land parcels affected, including:
* Tehsil (Dholka)
* District (Ahmedabad)
* State (Gujarat)
* Mouja/Village name
* Old and New Survey/Block Numbers
* Area (in Hectare, Are, Sq. mtr.)
* Nature of land like Goverment land, River, Cart Track etc.
**6. Target Audience and Stakeholders:**
The primary target audience and stakeholders are:
* **Landowners:** Individuals or entities owning land within the specified areas (Dholka Taluka, Ahmedabad District, Gujarat) that are affected by the pipeline project.
* **IHB Limited:** The company responsible for laying the pipeline, providing compensation, and operating the pipeline.
* **Government of India (Ministry of Petroleum and Natural Gas):** The policy-making and regulatory body responsible for overseeing the project.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency:** IHB Limited is the key implementing agency, responsible for laying the pipeline and handling compensation. The Competent Authority mentioned in the text has submitted report to the Central Government for consideration.
* **Timelines and Procedures:** The notification references previous notifications (S.O. No. 4312E and S.O. 5151 E) and mentions the process of making the Gazette notification available to land owners between April 29, 2021 and June 01, 2021. While specific timelines for pipeline construction are not provided in *this* document, the notification itself comes into effect upon publication.
**8. Expected Outcomes / Impact of Changes:**
The intended outcomes of this notification are:
* **Expedited Pipeline Construction:** By formally acquiring the RoU, the project can proceed more smoothly with less chance of obstruction.
* **Clear Legal Framework:** Provides a clear legal basis for IHB Limited to access the land and construct the pipeline.
* **Fair Compensation:** Landowners are assured of receiving compensation for the use of their land.
* **Defined Responsibilities:** Clearly defines the responsibilities of IHB Limited and the Central Government.
**9. Conclusion:**
This notification is a crucial step in facilitating the construction of the Kandla Gorakhpur LPG Pipeline Project. By formally acquiring the Right of User in the specified land and vesting it in IHB Limited, the government aims to ensure the timely and efficient completion of this infrastructure project. The notification also provides a legal framework for compensating landowners and clarifies the responsibilities of the involved parties.
Key Entities Referenced
NEW DELHI: Capital of India, place of publication
Gazette of India: Official government gazette of India
Ministry of Petroleum and Natural Gas: Government of India ministry responsible for petroleum and natural gas
Petroleum and Minerals Pipelines Acquisition of Right of User in Land Act, 1962: Indian law concerning the acquisition of land for petroleum and mineral pipelines
Kandla Gorakhpur LPG Pipeline Project: Pipeline project for transporting LPG
Pipavav: Starting point of the pipeline section
IHB Limited Dumad: Endpoint of the pipeline section
Dholka taluka: Administrative division in Gujarat, India
Ahmedabad District: District in Gujarat, India
Gujarat: State in India where the land acquisition is taking place
IHB Limited: The entity responsible for laying the pipeline and paying compensation
Bholad: Village in Gujarat, India
Bhogava River: River in Gujarat, India
Nani Boru: Village in Gujarat, India
Moti Boru: Village in Gujarat, India
Varna: Village in Gujarat, India
Selva Nala: Water stream or canal in Gujarat, India
Anandpura: Village in Gujarat, India
Sabarmati River: River in Gujarat, India
P. SOMA KUMAR: Under Secretary