LexThe Andhra Pradesh Domestic, Irrigation and Industrial Water Grid Pipelines (Acquisition of Right of User in Land) Act, 2018
Andhra Pradesh · state statute
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THE ANDHRA PRADESH DOMESTIC,
IRRIGATION AND INDUSTRIAL WATER GRID PIPELINES
(ACQUISITION OF RIGHT OF USER IN LAND) ACT, 2018.
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Publication of Preliminary Notification.
4. Hearing of objections.
5. Power of officers to enter, Survey and excavate.
6. Declaration of acquisition of right of use in the land.
7. Laying of Pipelines.
8. Power to enter land for Inspection etc.
9. Restrictions regarding the use of land.
10. Compensation.
11. Deposit and Payment of Compensation.
12. Collector and Competent Authority to have certain Powers of Civil Court.
13. Protection Of action taken in good faith.
14. Bar of Jurisdiction of Civil Court.
15. Penalty.
16. Certain offences to be Cognizable.
17. Power to remove difficulties.
18. Power to make rules.
19.Application of other laws not barred.
THE ANDHRA PRADESH DOMESTIC,
IRRIGATION AND INDUSTRIAL WATER GRID PIPELINES
(ACQUISITION OF RIGHT OF USER IN LAND) ACT, 2018.
(ACT No.19 of 2018)
(30th April, 2018)
AN ACT TO PROVIDE FOR THE ACQUISITION OF RIGHT OF USER IN
LAND FOR LAYING PIPELINES FOR SUPPLYING DRINKING WATER TO
MUNICIPAL CORPORATIONS, MUNICIPALITIES, NAGAR PANCHAYATS,
GRAM PANCHAYATS, HABITATIONS AND FOR PROVIDING IRRIGATION
FACILITIES AND TO MEET THE DEMANDS OF INDUSTRIES AND FOR
ATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO:
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Sixty-Ninth Year of the Republic of India as follows:-
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1.Short title extent and Commencement, - (1) This Act may be called the
Andhra Pradesh Domestic, Irrigation and Industrial Water Grid Pipelines
(Acquisition of Right of User in Land) Act, 2018.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force with immediate effect.
2.Definitions, - In this Act, unless the context otherwise requires,-
(a) Collector means “the Collector of a District”;
(b) “Competent Authority” means any person or authority authorized by
the State Government by notification in the Andhra Pradesh Gazette, to
perform the functions of the competent authority under this Act;
(c) “Corporation” means anybody corporate established under any State
Act or any other law for the time being in force in the State of Andhra Pradesh
and includes a Company formed and registered under the Companies Act,
2013 (Central Act No.18 of 2013);
(d) “Government “ means the State Government of Andhra Pradesh;
(e) “Land owner’ includes any person, -
(i) Whose name is recorded as the owner of the land or part
thereof, in the records of the authority concerned;
(ii) who is granted forest rights under the Scheduled Tribes and
Other Traditional Forest Dwellers (Reorganization of Forest
Rights) Act, 2006 or under any other law for the time being in
force;
(iii) who is entitled to be granted patta rights on the land under
any law of the State including assigned lands;
(iv) who has been declared as such by an order of the Court or
authority;
(f) “Notification” means the notification published in the Andhra Pradesh
Gazette and the word notified shall be construed accordingly;
(g) “Person” includes an individual, un-divided Hindu family, a Trustee, a
Company, a Society or an Association of individual whether incorporated or
not;
(h) “Prescribed” means prescribed by rules made under this Act;
(i) “Water Grid” means a network of synchronized Water providers and
consumers, connected by transmission or transportation and distribution
pipelines and operated by one or more control centres.
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3. Publication of Preliminary Notification, - (1) Whenever it appears to the
Government that it is necessary in the public interest that for the transport of
water from one area to another area, pipelines may be laid by the 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 declare its intention to acquire the right of
use therein;
(2) Every notification under sub-section (1) shall give a brief description
of such 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. Hearing of objections,- (1) Any person interested in the land may, within
thirty days from the date of the publication of notification under sub-section(1)
of Section 3, object to the laying of the pipelines under the land;
(2) Every objection under sub-section(1) shall be made to the competent
authority in writing and shall set out the grounds thereof and the competent 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 either allow or disallow the objections;
(3) Any order made by the competent authority under sub-section(2)
shall be final.
5. Power of officers to enter, survey and excavate, - On the issue of a
notification under sub-section(1) of Section 3, it shall be lawful for any person
authorized by the Government or, as the case may be, the Corporation which
proposes to lay pipelines for transporting water and its servants and
workmen,-
(a) to enter upon the 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) to cut down and clear away any part of any standing crop,
fence or jungle where otherwise survey cannot be completed
and levels taken and the boundaries and line marked;
(f) to do all other acts necessary to ascertain whether pipelines
can be laid under the land:
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Provided that while exercising any power under this section,
such person or any servant or workman of such person may
cause as little damage or injury as possible to such land.
6. Declaration of acquisition of right of user in the land,- (1) Where no
objection under sub-section (1) of Section 4 has been made to the competent
authority within the period specified therein or where the competent authority
has disallowed the objections under sub-section (2) thereof the competent
authority shall, as soon as may be. submit a report accordingly to the
Government and upon receipt of such report, the Government shall declare, by
notification that the right of user in the land for laying the pipelines shall be
acquired;
(2) On the publication of the declaration under sub-section (1), the right
of user in the land shall vest absolutely in the State Government free from all
encumbrances;
(3) Where in respect of any land, a notification has been issued under
sub-section (1) of Section 3, but no declaration under this section has been
published within a period of one year from the date of that notification, that
notification shall cease to have effect on the expiration of the said period;
(4) Notwithstanding anything contained in sub-section (2), the
Government may, on such terms and conditions as it may think fit, to impose,
direct by order in writing that the right of user in the land for laying the
pipelines shall, instead of vesting in the Government, vest, either on the date of
publication of the declaration or, on such other data as may be specified in the
order, in the Corporation proposing to lay the pipelines and thereupon the right
of such user in the land shall subject to the terms and conditions so imposed,
vest in that Corporation free from all encumbrances.
7. Laying of pipelines, - (1) Where the right of user in any land has vested in
the State Government or, as the case may be, the Corporation under section 6;
(i) it shall be lawful for any person authorized by the State
Government or, as the case may be, the Corporation, and its
servants and workmen to enter upon the land and lay pipelines
or to do any other thing necessary for laying of pipelines:
Provided that no pipeline shall be laid under,-
(a) any land which, immediately before the date of the
publication of notification under sub-section (1) of Section 3,
was used for residential purposes;
(b) any land on which there stands any permanent structure
which was in existence immediately before the said date;
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(c) any land which is appurtenant to a dwelling house;
or
(d) any land at a depth which is less than one metre from the
surface; and
(ii) such land shall be used only for laying the pipelines and for
maintaining, examining, repairing, altering or removing any
such pipelines or for doing any other thing necessary for any of
the aforesaid purposes or for the utilization of such pipelines.
(2) if any dispute arises with regard to any matter referred to in
paragraph (b) or (c) of the proviso to clause (i) of sub-section (1), the dispute
shall be referred to the competent authority whose decision thereon shall be
final.
8. Power to enter land for inspection etc., - For maintaining, examining,
repairing, altering or removing any pipeline or for doing any other thing
necessary for the utilization of the pipelines or for the making of any inspection
or measurement for any of the aforesaid purposes, any person authorized in
this behalf by the Government or, as the case may be, the Corporation may,
after giving reasonable notice to the occupier of the land under which the
pipelines have been laid, enter therein with such workmen and assistants as
may be necessary;
Provided that where such person is satisfied that an emergency exists, no
such notice shall be necessary;
Provided further that, while exercising any powers under this section, such
person or any workmen or assistants of such person, shall cause as little
damage or injury as possible to such land.
9. Restrictions regarding the use of land, - (1) The owner or occupier of the
land with respect to which a declaration has been made under sub-section (1)
of section 6, shall be entitled to use the land for the purpose for which such
land was put to use immediately before the date of the notification under sub
section (1) of Section 3'
Provided that such owner or occupier shall not after the declaration under
subsection (1) of section 6,-
(l) construct any building or any other structure,
(ii) construct or excavate any tank, well, reservoir or dam;
(iii)plant any tree on that land.
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(2) The owner or occupier of the land under which any pipeline has been
laid shall not do any thing or permit any thing to be done which will or is likely
to cause any damage in any manner whatsoever, to the pipeline;
(3) Where the owner or occupier of the land with respect to which a
declaration has been made under sub-section (1) of section 6,-
(a) constructs any building or any other structure;
(b) constructs or excavates any well, tank, reservoir or dam;
(c) plants any tree,
on that land, the Collector within the local limits of whose
jurisdiction such land is situate may, on an application made
to it by the competent authority and after holding such inquiry,
as he may deem fit, cause the building, structure, reservoir,
dam or tree to be removed or the well or tank to be filled up,
and the costs of such removal or filling up shall be recoverable
from such owner or occupier.
10. Compensation, - (1) Where in the exercise of the powers conferred by
Sections 5,7 or 8 any damage, loss or injury is sustained by any person
interested in the land under which the pipeline is proposed to be, or is being or
has been laid, the Government or, as the case may be, the Corporation shall be
liable to pay compensation to such person for such damage, loss or injury, the
amount of which shall be determined by the competent authority in the first
instance;
(2) If the amount of compensation, determined by the competent
authority under sub-section (1) is not acceptable to either of the parties, the
amount of compensation shall, on application by either of the parties to the
Collector within the limits of whose jurisdiction the land or any part thereof is
situate, be determined by that Collector;
(3) The competent authority or, as the case may be, the Collector while
determining the compensation under sub-section (1) or, as the case may be,
sub-section (2), shall have due regard to the damage or loss sustained by any
person interested in the land by reason of,-
(i) the removal of trees or standing crops, if any, on the land
while exercising the powers under Sections 5, 7 and 8;
(ii) the temporary severance of the land under which the
pipeline has been laid from other lands belonging to, or in the
occupation of, such person;
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(iii) any injury to any other property, whether movable or
immovable, or the earnings of such persons caused in any
other manner:
Provided that in determining the compensation no account
shall be taken of any structure or other improvement made in
the land after the date of publication of the notification under
sub section (1) of section 3.
(4) Where the right of user of any land has vested in the Government or,
as the case may be, the Corporation, it shall in addition to the compensation if
any payable under sub-section (1), be liable to pay to the owner and to any
other person whose right of enjoyment in that land has been affected in any
manner whatsoever by reason of such vesting, compensation calculated at 10%
of the market value of the land on the date of the publication of the notification
under sub-section (1) of Section 3.
(5) The market value of the land on the said date shall be determined by
the competent authority and if the value so determined by that authority is not
acceptable to either of the parties, it shall, on application by either of the
parties to the Collector referred to in sub-section (2), be determined by that
Collector;
(6) The decision of the Collector under sub-section (2)or sub-section (5)
shall be final.
11. Deposit and payment of compensation, - (1) The amount of
compensation determined under Section 10 shall be deposited by the
Government or, as the case may be, the Corporation, with the competent
authority within such time and in such manner as may be prescribed;
(2) If the amount of compensation is not deposited within the time
prescribed under sub-section (1), the Government or, as the case may be, the
Corporation shall be liable to pay interest thereon at the rate of six (6) per
cent per annum, if the amount of compensation is deposited within one year
after the period prescribed under sub-section (1); and at the rate of nine (9)per
cent per annum if the amount of compensation is deposited after the expiry of
the said one year.
(3) As soon as may be after the compensation has been deposited
under subsection (1), the competent authority shall, on behalf of the
Government or, as the case may be, the Corporation pay the compensation to
the persons entitled thereto;
(4) Where several persons claim to be interested in the amount of
compensation deposited under sub-section (1), the competent authority shall
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determine the persons who in its opinion are entitled to receive the
compensation and the amount payable to each of them;
(5) if any dispute arises as to the apportionment of the compensation or
any part thereof or as to the persons to whom the same or any part thereof is
payable, the competent authority shall refer the dispute to the Collector within
the limits of whose jurisdiction the land or any part thereof is situate and the
decision of the Collector thereon shall be final.
12. Collector and competent authority to have certain powers of civil
court, - The Collector and the competent authority shall have, for the purposes
of this Act, all the powers of a Civil Court while trying a suit under the Code of
Civil Procedure, 1908 (Act 5 of 1908) in respect of the following matters,
namely:-
(a)summoning and enforcing the attendance of any person and
examining him on oath;
(b)requiring the discovery and production of any document,
(c)reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e)issuing commission for examination of witnesses.
13.Protection of action taken in good faith, - (1) No suit, prosecution or
other legal proceeding shall tie against any person for anything which is in
good faith done or intended to be done in pursuance of this Act or any rules or
notification made or issued thereunder;
(2) No suit or other legal proceeding shall lie against the Government,
Corporation or, as the case may be, the competent authority for any damage,
loss or injury caused or likely to be caused by anything which is in good faith
done or intended to be done in pursuance of this Act or any rules or
notification made or issued thereunder.
14. Bar of Jurisdiction of Civil Court, - No Civil Court shall have jurisdiction
in respect of any matter which the Collector or, as the case may be, the of
competent authority is empowered by or under this Act to Court determine and
no injunction shall be granted by any court or other authority in respect of any
action taken or proposed to be taken in pursuance of any power conferred by
or under this Act.
15. Penalty, - (1) Whoever willfully obstructs any person in doing any of the
acts authorized under sections 5, 7 or as the case may be, section 8 or willfully
fills up, destroys, damages or displaces any trench or mark made under
section 5 or willfully does anything prohibited under the proviso to
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sub-section (1) of Section 9, shall be punishable with imprisonment which may
extend to six months or fine or both;
(2) Whoever wilfully removes, displaces, damages or destroys any
pipeline laid under section 7, shall be punishable with rigorous imprisonment
for a term which shall not be less than one year, but which may extend to three
years and shall also be liable to fine.
16. Certain offences to be cognizable, - Notwithstanding anything contained
in the Code of Criminal Procedure, 1973, an offence falling under
sub-section (2) of Section 15 shall be deemed to be cognizable within the
meaning of that Code.
17. Power to remove difficulties, - If any doubt or difficulty arises in giving
effect to the provisions of this Act the State Government may, within a period of
three years from the commencement of this Act, by order published in the
Gazette, make such provision as appears to it to be necessary or expedient for
removing the difficulty.
18. Power to make rules, - (1) The Government may, by notification, make
rules for carrying out all or any of the purposes of this Act.
(2) in particular and without prejudice to the generality of the foregoing
power, such rules may provide for ail or any of the following matters, namely:-
(a) the places at which and the manner in which the substance
of the notification may be published under sub-section (3) of
Section 3;
(b) the time within which and the manner in which the amount
of compensation shall be deposited under sub-section (1) of
session 11.
(3) Every rule made under this Act shall, immediately after it is made, be
laid before the Legislature of the State, if it is in session and if it is not in
session, in the session immediately following for a total period of fourteen days
which may be comprised in one session or in two successive sessions and it,
before the expiration of the session in which it is so laid or the session
immediately following the Legislature of the State agrees in making any
modification in the rule or in the annulment of the rule. the rule shall, from the
date on which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled as the case may be, so however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
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19. Application of other laws not barred, - The provisions of this Act shall be
in addition to and not in derogation of any other law for the time being in force
relating to the acquisition of land.
DUPPALA VENKATARAMANA,
Secretary to Government,
Legal and Legislative Affairs & Justice,
Law Department.