LexThe Telangana Domestic and Industrial Water Grid Pipelines (Acquisition of Right of User in Land) Act, 2015.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA DOMESTIC AND INDUSTRIAL WATER GRID
PIPELINES (ACQUISITION OF RIGHT OF USER IN LAND)
ACT, 2015.
(ACT NO. 6 OF 2015)
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 user.
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.
20. Repeal of Ordinance 3 of 2015.
THE TELANGANA DOMESTIC AND INDUSTRIAL WATER
GRID PIPELINES (ACQUISITION OF RIGHT OF USER IN
LAND) ACT, 2015.
ACT No. 6 OF 2015.
[21st April, 2015]
AN ACT TO PROVIDE FOR THE ACQUISITION OF RIGHT
OF USER IN LAND FOR LAYING PIPELINES FOR
SUPPLYING DRINKING WATER TO MUNICIPALITIES,
GRAM PANCHAYATS HABITATIONS AND TO MEET
THE DEMANDS OF INDUSTRIES AND FOR MATTERS
CONNECTED THEREWITH OR INCIDENTAL
THERETO.
Be it enacted by the Legislature of the State of
Telangana in the Sixty -sixth Year of the Republic of India as
follows:-
1. (1) This Act may be called the Telangana Domestic and
Industrial Water Grid Pipelines (Acquisition of Right of User
in Land) Act, 2015.
(2) It extends to the whole of the State of Telangana.
(3) I t shall be deemed to have come into force with
effect from 21-02-2015.
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;
Received the assent of the Governor on the 20th April, 2015.
Short title, extent
and
commencement.
Definitions.
2 [Act No.6 of 2015]
(b) “Corporation” means any body corporate
established under any Telangana Act or any other law for
the time being in force in the State of Telangana and
includes a Company formed and registered under the
Companies Act, 2013;
(c) “Government” means the State Government o f
Telangana;
(d) “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 (R ecognition of
Forest Rights) Act, 2006 (Act 2 of 2007) 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;
(e) “Notification” means the notification published in the
Telangana Gazette and the word notified shall be construed
accordingly;
(f) “Person” includes an individual, un -divided Hindu
family, a Trustee, a Company, a Society or an Association of
individuals whether incorporated or not;
(g) “prescribed” means prescribed by rules made under
this Act;
Central Act 2 of 2007.
[Act No.6 of 2015] 3
(h) “Water Grid ” means a network of synch ronised
Water providers and consumers, connected by transmission
or transportation and distribution pipelines and operated by
one or more control centres.
3. (1) Whenever it appears to the State 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 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 declare its intention to acquire
the right of user therein.
(2) Every notification under sub -section (1) shall give a
brief description of such land.
(3) The competent autho rity shall cause the substance
of the notification to be published at such places and in
such manner as may be prescribed.
4. (1) Any person interested in the land may, within thirty
days from the date of the publication of notif ication 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 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 either allow or
disallow the objections.
(3) Any order made by the competent authority under
sub-section (2) shall be final.
Publication of
Preliminary
notification.
Hearing of
objections.
4 [Act No.6 of 2015]
5. On the issue of a notification under sub -section (1) of
section 3, it shall be lawful for any person authorized by the
State 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 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) to cut down and clear away any part of any standing
crop, fence or jun gle 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:
Provided that while exercising any power under this
section, such person or any servant or workman of such
person shall cause as little damage or injury as possible to
such land.
6. (1) Where no objection under sub -section (1) of section
4 has been made to the competent authority with in 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 State Government a nd upon
receipt of such report, the State Government shall declare,
Power of officers
to enter, survey
and excavate.
Declaration of
acquisition of right
of user.
[Act No.6 of 2015] 5
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 State 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 State Government,
vest, either on the date of publication of the declaration or,
on such other date as may be spe cified 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. (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,-
Laying of
Pipelines.
6 [Act No.6 of 2015]
(a) any land which, immediately before the date of
the publication of notific ation 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;
(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 t o the
competent authority whose decision thereon shall be final.
8. 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 State 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:
Power to enter
land for
inspection, etc.
[Act No.6 of 2015] 7
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. (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 sub-section (1) of section 6,-
(i) construct any building or any other structure;
(ii) construct or excavate any tank, well, reservoir or
dam;
(iii) plant any tree on that land.
(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;
Restrictions
regarding the use
of land.
8 [Act No.6 of 2015]
(c) plants any tree,
on that land, the Collector within the local limits of
whose jurisdic tion 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. (1) Where in the exercise of the powers conferred by
section 5, 7 or 8 by any person, any d amage, 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 State 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 tre es or standing crops, if any, on
the land while exercising the powers under sections 5, 7, 8;
Compensation.
[Act No.6 of 2015] 9
(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;
(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 aft er the date of publicatio n
of the notification under sub-section (1) of section 3.
(4) Where the right of user of any land has vested in the
State 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. (1) The amount of compensation determined, under
section 10 shall be deposited by the State Government or,
as the case may be, the Corporation, with the competent
Deposit and
payment of
compensation.
10 [Act No.6 of 2015]
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, as the case may be, the Corporation shall
be liable to pay interest thereon at the rate of nine 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 fifteen 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 sub -section (1), the competent authority
shall, on behalf of the State Government or, as the case may
be, the Corporation pay the compensation to the persons
entitled thereto.
(4) Where several perso ns claim to be interested in the
amount of compensation deposited under sub -section (1),
the competent authority shall determine the persons who in
its opinion are entitled to receive the compensation and the
amount payable to each of them.
(5) If any di spute 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. 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 in
respect of the following matters, namely:-
Collector and
competent
authority to have
certain powers of
Civil Court.
Act 5 of 1908.
[Act No.6 of 2015] 11
(a) summoning and enforcing the attendance of any
person and examining him on oath;
(b) requi ring 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. (1) No suit, prosecution or other legal proceeding shall
lie 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
State 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. No Civil Court shall have jurisdiction in respect of any
matter which the Collector or, as the case may be, the
competent authority is empowered by or under this Act to
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. (1) Whoever wilfully obstructs any person in doing any
of the acts authorized under sections 5, 7 or as the case
may be, section 8 or wilfully fills up, destroys, damages or
displaces any trench or mark made under section 5 or
Bar of jurisdiction
of Civil Court.
Protection of
action taken in
good faith.
Penalty.
12 [Act No.6 of 2015]
wilfully does anything prohib ited under the proviso to 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. 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 cognizabl e
within the meaning of that Code.
17. If any doubt or diffi culty 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. (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 pr ejudice to the generality
of the foregoing power, such rules may provide for all 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 section 11.
Certain offences
to be cognizable.
Power to remove
difficulties.
Power to make
rules.
[Act No.6 of 2015] 13
(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 an d 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 if, before the expiration of the
session in which it is so laid or the session immed iately
following the Legislature of the State agrees in making any
modification in the rule or in the annul ment 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 p reviously done under
that rule.
19. 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.
20. The Telangana Water Gri d Pipelines (Acquisition of
Right of User in Land) Ordinance, 2015 is hereby repealed.
* * *
Application of
other laws not
barred.
Repeal of
Ordinance 3 of
2015.