The Haryana Underground Pipelines (Acquisition of Right of User in Land) Act, 2008 (31 of 2008)

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THE  HARYANA  UNDERGROUND  PIPELINES
(ACQUISITION  OF  RIGHT  OF  USER  IN  LAND)  ACT,  2008
(Haryana Act No. 31 of 2008)
Table of contents
SECTIONS:
1. Short title and extent.
2. Definitions.
3. Publication of notification for acquisition.
4. Declaration of acquisition of right of user.
5. Power to enter and survey.
6. Laying of underground pipelines.
7. Power to enter land for inspection.
8. Restriction regarding use of land.
9. Compensation.
10. Deposit and payment of compensation.
11. Period within which compensation shall be made.
12. Special powers in case of urgency.
13. Competent authority to have certain powers of civil court.
14. Protection of action taken in good faith.
15. Bar of jurisdiction.
16. Penalty.
17. Power to remove difficulties.
18. Power to make rules.
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UNDERGROUND  PIPELINES  (ACQUISITION  OF
RIGHT  OF  USER  IN  LAND)
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RIGHT  OF  USER  IN  LAND)
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1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated
the 30th August, 2008, Page 3854.
1THE  HARYANA  UNDERGROUND  PIPELINES
(ACQUISITION  OF  RIGHT  OF  USER  IN  LAND)  ACT,  2008
(Haryana  Act  No. 31 of  2008)
[Received the assent of the Governor of Haryana on
the 26th September, 2008, and first published for general information
in the Haryana Government Gazette (Extraordinary), Legislative
Supplement Part I of the 6th October, 2008.]
  1  2        3 4
Year No. Short Title Whether repealed or otherwise
affected by legislation
2008 31 The Haryana
Underground
Pipelines (Acquisition
of Right of User in
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AN
ACT
to provide for the acquisition of right of user in land for laying
underground pipelines for carrying of water and gas in the State
of Haryana and for matters connected therewith or incidental
thereto.
Be it enacted by the Legislature of the State of Haryana in the
Fifty-ninth Year of the Republic of India as follows :—
1. (1) This Act may be called the Haryana Underground
Pipelines (Acquisition of Right of User in Land) Act, 2008.
(2) It extends to the whole of the State of Haryana.
2. In this Act, unless the context otherwise requires,—
(a) “competent authority” means any person or authority
authorized 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
Short title and
extent.
Definitions.
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registered under the Companies Act, 1956 (Central Act 1
of 1956);
(c) “prescribed” means prescribed by rules made under this
Act;
(d) “State Government” means the Government of the State
of Haryana;
(e) “underground pipeline” means an underground pipeline
laid at a depth of not less than one and a half meter of
the land surface.
3. (1) Whenever it appears to the State Government that it is
necessary in the public interest for the carrying of water or gas from one
locality to another locality, an underground pipeline may be laid and
that for the purpose of laying such underground pipelines, it is necessary
to acquire the right of user in any land under which such underground
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 give 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 a period of
twenty-one days from the date of the notification under sub-section (1),
object to the laying of the underground pipelines.
(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 it deems necessary, by order, either allow or reject the objections.
(6) Every  order  made  by  the  competent  authority  under
sub-section (5) shall be final.
4. (1) Where no objections under sub-section (4) of section 3
have been made to the competent authority within the period specified
therein or where the competent authority has passed final order, thereafter
the competent authority shall declare, by notification in the Official
Gazette, that the right of user in the land for laying the underground
pipelines may be acquired.
Publication of
notification for
acquisition.
Declaration of
acquisition of
right of user.
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(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 underground pipelines shall, instead of vesting in the State
Government, vest in the corporation proposing to lay the underground
pipelines, free from all encumbrances.
5. On publication of the declaration under sub-section (1) of
section 4, it shall be lawful for any person authorized by the State
Government or the corporation and its servants and workmen,—
(a) to enter upon, 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 survey is not completed,
levels not taken, boundaries and lines are not marked;
and
(f) to do all other acts necessary to ascertain whether
underground 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. (1) Where the right of user in any land has been vested in
the State Government or corporation under section 4,—
(i) it shall be lawful for any person authorized by the
State Government or the corporation, as the case may
be, and its servants to enter upon the land and lay
underground pipelines or to do any other act
necessary for laying of such underground pipelines:
Provided that no underground pipelines shall be
laid under,—
Power to enter
and survey.
Laying of
underground
pipelines.
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(a) any land which immediately before the date of
the notification under sub-section (1) of section 3
was used for residential purpose; or
(b) any land which is appurtenant to a dwelling house;
(ii) such land shall be used only for laying underground
pipelines and maintaining, examining, repairing,
altering or removing any such underground pipelines
or for doing any other act necessary for any of the
aforesaid purposes or for the utilization of such
underground 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 be referred
to the competent authority, whose decision thereon shall be final.
7. For maintaining, examining, repairing, altering or removing
any underground pipeline, or measurement for any of the aforesaid
purposes, or for making any inspection, any person authorized 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.
8. (1) The owner or occupier of the land with respect to which
a declaration has been made under sub-section (1) of section 4, 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 sub-section (1) of section 4,—
(i) construct any building or any other structure;
(ii) construct or excavate any tank, well, reservoir or
dam; or
(iii) plant any tree on that land.
(2) The owner or occupier of the land shall not do any act
which may cause or likely to cause any damage in any manner whatsoever
to the underground pipeline.
9. (1) Where in exercise of the powers conferred by sections 5,
6 or 7, any damage, loss or injury is sustained by any person interested
Power to enter
land for
inspection.
Restriction
regarding use
of land.
Compensation.
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in the land, the State Government or 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. While determining such compensation, it shall have due
regard to the damage or loss sustained by reason of,—
(i) the removal of trees or standing crops, if any, on the
land;
(ii) the temporary severance of the land under which the
underground pipeline has been laid from other lands
belonging to, or in the occupation of such person; or
(iii) any injury to any other property, whether movable or
immovable or the earnings of such person caused in
any other manner.
(2) Where the right of user of any land has vested in the
State Government or the corporation, the State Government or the
corporation, as the case may be, shall be liable to pay in addition to
compensation, if any, compensation calculated at twenty percent of the
market value of that land on the date of publication of the declaration
under sub-section (1) of section 4. The market value of the land on the
said date shall be determined by the competent authority.
Explanation.—  “Market value” means the value determined on the basis
of the sale price of similar land in the area in the last three years.
(3) If the market value determined by the competent authority
is not acceptable to either of the parties, an application may be made by
the aggrieved party within thirty days to the District Judge having
jurisdiction whose decision shall be final.
10. (1) The amount of compensation determined under section 9
shall be deposited by the State Government or the corporation, as the
case may be, 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 State Government or the
corporation, as the case may be, shall be liable to pay interest thereon
at the rate of nine percent per annum from the date on which the
compensation had to be deposited till the date of actual deposit.
(3) As soon as may be after the compensation has been
deposited under sub-section (1), the competent authority shall, on behalf
of the State Government or the corporation, as the case may be, pay the
compensation to the persons entitled thereto.
Deposit and
payment of
compensation.
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(4) If any dispute arises as to the apportionment of the
compensation or additional compensation or any part thereof, the
competent authority shall refer the dispute to the District Judge having
jurisdiction and the decision of the District Judge thereon shall be final.
11. The competent authority shall pay compensation under section
9 within a period of two years from the date of the publication of the
notification under section 3 and if no compensation is made within that
period, the entire proceeding for the acquisition of right of user in land
shall lapse.
Explanation.— In computing the period of two years referred to in this
section, the period during which any action or proceeding in pursuance
of the said declaration is stayed by an order of a court shall be excluded.
12. (1) In cases of urgency, whenever the State Government so
directs, the competent authority, though no such award has been made,
may, on the expiration of fifteen days from the publication of the
notification mentioned in sub-section (1) of section 3, take possession
of acquisition of right of user in land needed for laying of underground
pipelines. Such land shall thereupon vest absolutely in the State
Government, free from all encumbrances :
Provided that the competent authority shall not take possession of
any land or part of a land under this sub-section without giving to the
occupier thereof at least forty-eight hours' notice of its intention so to
do, or such longer notice as may be reasonably sufficient to enable such
occupier to remove his movable property from such land without
unnecessary inconvenience.
(2) In every case under the preceding sub-section, the
competent authority shall at the time of taking possession, offer to the
persons interested, compensation for the standing crops and trees (if
any) on such land and for any other damage caused by such sudden
dispossession; and, in case such offer is not accepted, the value of such
crops and trees and the amount of such other damage shall be allowed
for in awarding compensation for the land under the provisions herein
contained.
(3) Before taking possession of any land under sub-section
(1), the competent authority shall, without prejudice to the provisions of
sub-section (2),—
(a) tender payment of eighty per centum of the
compensation for such land as estimated by the
person interested and entitled thereto; and
Period within
which
compensation
shall be made.
Special
powers in case
of urgency.
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(b) pay to him, unless prevented by some one or more
of the contingencies mentioned in section 9, and
where the competent authority is so prevented, the
provisions of section 9, shall apply as they apply to
the payment of compensation under that section.
(4) The amount paid or deposited under sub-section (3), shall
be taken into account for determining the amount of compensation
required to be tendered under section 9 and where the amount so paid
or deposited exceeds the compensation awarded by the competent
authority under section 9, the excess may, unless refunded within three
months from the date of competent authority's award, be recovered as
an arrear of land revenue.
(5) In the case of any land to which, in the opinion of the
State Government the provisions of sub-section (1) are applicable, the
State Government may direct that the provisions of section 3 shall not
apply, and, if it so directs, a declaration may be made under section 4
in respect of the land at any time after the date of the publication of the
notification under section 3.
13. The competent authority shall have for this Act, all the powers
of a civil court while trying a suit under the Code of Civil Procedure,
1908 (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) recording of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witnesses.
14. No suit, prosecution or other legal proceedings shall lie against
any person for anything which is done or intended to be done in good
faith in pursuance of this Act or any rule or notification made or issued
thereunder.
15. No civil court shall have jurisdiction to entertain any suit or
try any dispute or pass any interim injunction in respect of any matter
which the competent authority is empowered under this Act.
16. (1) Whoever willfully obstructs any person in doing any of
the acts authorized under sections 5, 6 or 7 or willfully fills up, destroys,
damages or displaces any trench or mark made under section 5 or
Competent
authority to
have certain
powers of
civil court.
Protection of
action taken in
good faith.
Bar of
jurisdiction.
Penalty.
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willfully does anything prohibited under the proviso to sub-section (1)
of section 8, shall be punishable with simple imprisonment which may
extend to six months or fine or with both.
(2) Whoever willfully removes, displaces, damages or
destroys any underground pipeline laid, 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.
17. If any difficulty arises in giving effect to the provisions of this
Act, the State Government may, by an order published in the Official
Gazette, make such provision or give such directions not inconsistent
with the provisions of this Act, as appear to it to be necessary or expedient
for removing the difficulty.
18. (1) The State Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as
may be, after it is made, before the House of the State Legislature, while
it is in session.
——————
Power to
make rules.
Power to
remove
difficulties.
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