The Petroleum and Minerals Pipelines (Acquisition of Right of User In Land) Act,1962

The Petroleum and Minerals Pipelines (Acquisition of Right of User In Land) Act,1962

An Act to provide for the acquisition of right of use in land for laying pipelines for the transport of petroleum and minerals and for matters connected therewith.

Power to Entry And Inspection

Section 4 of this Act provided Power to Enter, Survey, etc. in Pipeline Laying authorised by Central, State, or Corporations to enter, survey, and take levels of specified land.

• Dig or bore into sub-soil to set out the work line.

• Mark levels, boundaries, and lines with marks and trenches.

• Cut down standing crops, fences, or jungles if surveys cannot be completed.

• Do all necessary acts to ascertain pipelines’ feasibility.

• Ensure minimal damage or injury to land.

Declaration of Acquisition of Right of User

Section 6 of this Act provided Petroleum Pipelines (Acquisition of Right of User in Land) Regulations

• If no objections are made to the competent authority within the specified period or if objections are disallowed, the authority must report the objections to the Central Government.

• The Central Government then declares the right of use in the land for laying pipelines in the Official Gazette upon receipt of the report.

• The right of use in the land vests in the Central Government upon publication of the declaration.

• If a notification under sub-section (1) of section 3 has not been published within a year, the notification will expire.

• No declaration on land covered by a notification issued under sub-section (1) of section 3 published after the commencement of the Petroleum Pipelines (Acquisition of Right of User in Land) Amendment Act, 1977, shall be made after the expiry of three years from the date of publication.

• The Central Government may direct that the right of use in the land for laying the pipelines vest in the State Government or corporation proposing to lay the pipelines, subject to the terms and conditions imposed.

Power to entry for Inspection, etc

Section 8 of this act, provided that Power to Enter Land for Pipeline Inspection by the  Central, State, or corporation-authorised individuals can enter land for pipeline maintenance, repair, alteration, or removal.

• After reasonable notice, they can enter with necessary workmen and assistants.

• No notice is required if an emergency exists.

• The person or their workmen must minimise damage or injury to the land.

Restrictions regarding the use of land

Section 8 of this act, provided that land ownership and Regulations 

• Land owners or occupiers with declarations under sub-section (1) of section 6 can use the land for the purpose it was used before notification under sub-section (1) of section 3.

• Owners or occupiers cannot construct or excavate any structures, tanks, wells, reservoirs, dams, or trees after declaration.

• Owners or occupiers of land with pipelines must not cause damage to the pipeline.

• If a structure, well, tank, reservoir, dam, or tree is constructed or excavated, the District Judge may remove or fill up the structure or tank, with costs recoverable from the owner or occupier.

Compensation 

Section 10 of this act, provided  Pipeline Damage, Loss, and Compensation

• The Central Government, State Government, or Corporation is liable for damages, loss, or injuries sustained by anyone interested in the land under which a pipeline is proposed, laid, or is being operated.

• Compensation is determined by the competent authority in the first instance. If the compensation is not acceptable, it is determined by the District Judge within the jurisdiction of the land.

• The compensation is based on the damage or loss sustained by the person due to the removal of trees, temporary severance of the land, injury to other property, or earnings.

• No account is taken of any structure or improvement made in the land after the notification date.

• If the right of use of a land has vested in the Central Government, State Government, or Corporation, they are also liable to pay compensation calculated at 10% of the market value of the land on the date of notification.

• The market value of the land is determined by the competent authority, and if not acceptable, it is determined by the District Judge.