Mohinder Verma
JAMMU, June 11: In a significant development, Governor N N Vohra has given nod to the J&K Gas Pipeline Ordinance to facilitate early start of work on Bathinda-Jammu-Srinagar gas pipeline and directions will be issued to the Deputy Commissioners of eight districts very shortly for starting land acquisition proceedings.
The draft Ordinance was prepared by the Revenue Department in consultation with the Law Department as per the State Cabinet decision dated April 10, 2013 and forwarded to the Governor, N N Vohra in the last week of the May for his consent.
“The J&K Gas Pipelines Ordinance was given assent by the Governor on June 6 and received at Revenue Department on June 9. Now the Ordinance has been sent for publication in the Government gazette”, authoritative sources told EXCELSIOR.
Stating that Governor’s approval to the Ordinance has also been conveyed to M/s Gujarat State Petronet Limited, sources said, “soon after the publication of Ordinance in the Government gazette, the Revenue Department will issue directions to the Deputy Commissioners of Kathua, Samba, Jammu, Udhampur, Ramban, Anantnag, Pulwama and Srinagar from where the gas pipeline will pass through, for initiation of land acquisition proceedings”.
In response to a question, sources said that M/s Gujarat Petronet Ltd has already completed the survey of the alignment of the gas pipeline and will shortly start mobilizing men and machinery besides setting up of its camp offices at different places in Jammu and Kashmir provinces in order to start work on the project.
“As desired by the Chief Minister, Omar Abdullah, M/s Gujarat Petronet will try its level best to start work on the project from both sides and complete the same within stipulated time-frame as legal hurdles vis-à-vis right of user of land has already consumed much time”, sources said.
Replying to another query, they said that Ordinance would not only facilitate the laying of gas pipeline but also other underground public utilities to be undertaken in Jammu and Kashmir in future. “Earlier, there was plan to get a law enacted by the State Legislature in this regard but the same could not be done because of administrative problems, which hampered timely placement of bill before the State Cabinet for its approval to introduce bill in the Legislature”, sources said.
The Ordinance has been drafted on the pattern of the Gujarat Pipelines Act with modifications suited to the Jammu and Kashmir. On the publication of the declaration that the land is required for laying of gas pipeline the right of user in the land will vest absolutely in the State Government free from all encumbrances after making payment of at least 80% compensation to the concerned persons.
In case the land is not put to the specified use within a period of two years from the date of the award, the acquired rights of user in the land will cease to have effect and all rights in the land will revert to the land owner(s), sources said quoting the Ordinance, adding the competent authority while determining the compensation will give due regard to the damages or loss sustained by any person due to removal of trees or standing crops.
Moreover, while determining the amount of compensation of damages the factors envisaged under the provisions of J&K State Land Acquisition Act, 1990 will be taken into consideration.
Responding to another question, sources said, “the construction of project not only covers the civil work to lay the pipeline and build the pump/compressor stations but also to cover all the work related to the installation of the field devices that will support remote operation”, adding “the prime objective of the project is to connect Jammu and Kashmir with the National Gas Grid through the pipeline and ultimately link individual households with round the clock supply lines”.
About the safety measures, the Ordinance said, “it will be the prime responsibility of M/s Gujarat State Petronet Ltd to maintain the pipelines for gas so that there is no threat to safety and security of human life. In case of any failure to perform its duty, the company will be solely and exclusively liable to pay damages for such loss or damage”.
According to the Ordinance, whoever will willfully obstruct any person in doing any of the acts authorized under the Ordinance or rules or willfully fill up, destroy, damage or displace any trench or mark will be punishable with imprisonment for a term not exceeding one year and fine which may extend to Rs 50,000.
“Whoever will willfully remove, displace, damage or destroy any pipeline will be punishable with rigorous imprisonment for a term which will not be less than one year, but which may extend to three years. Such person will also be liable to fine, which may extend to Rs 2 lakh but will not be less than Rs 20,000”, the Ordinance said.
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