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Union of India - Section

Section 6 in The Petroleum And Minerals Pipelines (Acquisition Of Right Of User In Land) Act, 1962

6. Declaration of acquisition of right of user.—

(1)Where no objections under sub‑section (1) of section 5 have been made to the competent authority with the period specified therein or where the competent authority has disallowed the objection under sub‑section (2) that section, the authority shall, as soon as may be either make a report in respect of the land described in the notification under such‑section (1) of section 3, or make different reports in respect of different parcels of such land, to the Central Government containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of that Government and upon receipt of such report the Central Government shall, if satisfied that such land is required for laying any pipelines for the transport of petroleum or any mineral declare, by notification in the Official Gazette, that the right of user in the land for laying the pipelines should be acquired and different declarations may be made from time to time in respect of different parcels of the land described in the notification issued under sub‑section (1) of section 3, irrespective of whether one report or different reports have been made by the competent authority under this section.
(2)On the publication of the declaration under, sub‑section (1), the right of user in the land specified therein shall vest absolutely in the Central 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 in respect of any portion of land covered by that notification has been published under this section within a period of one year from the date of that notification, that notification shall cease to have effect on the expiration of that period.
(3A)No declaration in respect of any land covered by a notification issued under sub‑section (1) of section 3, published after the commencement of the Petroleum Pipelines (Acquisition of Right of User in Land) Amendment Act, 1977 shall be made after the expiry of three years from the date of such publication.
(4)Notwithstanding anything contained in sub‑section (2), the Central 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 Central Government vest, either on the date of publication of the declaration or, on such other date as may be specified in the direction in the State Government or the corporation proposing to lay the pipelines and thereunder the right of such user in the land shall, subject to the terms and conditions so imposed; vest in that State Government or corporation, as the case may be, free from all encumbrances.