Chhattisgarh Underground Pipelines (Acquisition of Right of User in Land) Act, 2004
No: 7 Dated: Apr, 16 2004
The Chhattisgarh Underground Pipelines (Acquisition of Right of User in Land) Act, 2004
(C.G. Act No. 7 of 2004)
An Act to provide for the acquisition of right of user in land for laying pipelines for carrying of water, gas and electricity from, one locality to another locality and to construct pipeline for carrying industrial waste and for the words connected /herewith in the State of Chhattisgarh.
Be it enacted by the Chhattisgarh Legislature in the Fifty-fifth Year of the Republic of India as follows ;-
1. Short title, extent and commencement. - (1) This Act may be called the Chhattisgarh Underground Pipelines (Acquisition of Right of User in Land) Act, 2004.
(2) It extends to the whole of the State of Chhattisgarh.
(3) It shall come into force from 1st March, 2004.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "competent authority" means any person or authority authorised by the State Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act;
(b) "corporation" means any body corporate established under any Central or State Act, or a company formed and registered under the Companies Act, 1956;
(c) "prescribed" means prescribed by rules made under the Act;
(d) "underground pipeline" means a pipeline laid at a depth of not less than one and half meter of the land surface.
3. Publication of notification for acquisition. - (1) Whenever it appears to the State Government it is necessary in the public interest that for the carrying of water, gas, electricity from one locality to another locality and to construct, pipeline for carrying industrial waste and works connected therewith, pipelines may be laid by the State Government or a corporation and that for the purpose of laying such pipelines, it is necessary to acquire the right of user in any land under which such pipelines may be laid, it may, by notification in the Official Gazette, declare its intention to acquire the right of user therein.
(2) Every notification under sub-section (1) shall given a brief description of the land.
(3) The Competent Authority shall cause the substance of the notification to be published at such places and in such manner as may be prescribed.
(4) Any person interested in the land may, within twenty-one days from the date of the notification under sub-section (1), object to the laying of the pipeline under the land.
(5) Every objection under sub-section (4) shall be made to the Competent Authority in writing and shall set out the grounds thereof and the Competent Authority shall give the objector an opportunity of being heard either in person or by a legal practitioner and may, after hearing all such objections and after making such further inquiry, if any, as that authority thinks necessary, by order cither allow or disallow the objections.
(6) Any order made by the Competent Authority under sub-section (5) shall be final.
4. Declaration of acquisition of right of user. - (1) Where no objections under sub-section (2) of Section 3 have been made to the Competent Authority within the period specified therein or where the Competent Authority has passed final order, that authority shall declare, by notification in the Official Gazette, that the right of user in the land for laying the pipelines should be acquired.
(2) On publication of the declaration under sub-section (1), the right of user in the land specified therein shall vest absolutely in the State Government free from all encumbrances.
(3) Notwithstanding anything contained in sub-section (2), the State Government may, on such terms and conditions as it may think fit, direct by order in writing, that the right of user in the land for laying the pipeline shall, instead of vesting in the State Government vest in the corporation proposing to lay the pipelines, subject to the terms and conditions so imposed, free from all encumbrances.
5. Power to enter, survey etc. in the land. - On publication of the declaration under sub-section (1) of Section 4 it shall be lawful for any person authorised by the State Government or the corporation and his servants and workmen,-
(a) to enter upon and survey and take levels of any land specified in the notification;
(b) to dig or bore into the sub-soil;
(c) to set out the intended line of work;
(d) to mark such levels, boundaries and line by placing marks and cutting trenches;
(e) where otherwise survey cannot be completed and levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle; and
(f) to do all other acts necessary to ascertain whether pipelines can be laid under the land :
Provided that while exercising any power under this section, such person or any servant of such person shall cause as little damage or injury as possible to such land.
6. State Government or Corporation to lay Pipelines. - (1) Where the right of user in any land has vested in the State Government or corporation under Section 4,-
(i) it shall be lawful for any person authorised by the State Government or corporation, as the case may be, and his servants to enter upon the land and lay pipeline or to do any other act necessary for laying of pipelines :
Provided that no pipeline shall he laid under,-
(a) any land which immediately before the date of the notification under sub-section (1) of Section 3 was used for residential purpose;
(b) any land which is appurtenant to a dwelling house; or
(ii) such land shall be used only for laying underground pipelines and maintaining, examining, repairing, altering or removing any such pipelines or for doing any other act necessary for any of the aforesaid purposes for the utilization of such pipelines.
(2) If any dispute arises with regard to any matter referred to in the proviso to clause (i) of sub-section (1), the dispute shall he referred to the Competent Authority whose decision thereon shall be final.
7. Power to enter land for inspection. - For maintaining, examining, repairing, altering or removing any pipeline, or measurement for any of the aforesaid purpose, or for the making any inspection, any person authorised in this behalf by the State Government or the corporation, may, after giving reasonable notice to the occupier of the land enter therein with such workmen and assistants as may be necessary :
Provided that where an emergency exists, no such notice shall be necessary.