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Section 13: Issue of instructions

Acquisition of Right of User in Land Rules, 2018State Rules of Jharkhand · 2018

The State Government may issue instructions for removal of any difficulties regarding implementation of the provisions of the Act / Ordinace and the Rules framed thereunder from time to time.

5 Form –A (sec rule 4) To, The Competent Authority, . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . .

Subject: Application for Acquisition of Right of User in Private land under Jharkhand Water, Gas and Drainage Pipelines Ordinance 2018.

There is proposal to lay Water, Gas or Drainage Pipelines from ..........Anchal................. District to .................Anchal...............District for transportation of ................for ...................Project. The land details and map of proposed land for acquisition to lay Water, Gas or Drainage Pipelines for the said project is enclosed herewith.

Therefore, an action to be taken for acquisition of right of user in private land described in the enclosed details.

Enclosure: - Details ---------------------- Applicant Details S.No Name of Village / Circle No.

Name of Land owner / Occupier Khasra No. Total area (in hectare) Land Required for Right of User for laying Water, Gas or Drainage Pipelines (in hectare)

(1) (2) (3) (4) (5) (6) 6 Form-B [Sce sub-rule (2) of rule 5] Whereas, it appears to the State government that it is necessary in the public interest that for the transportation of ................from village Anchal, ....................District to ........... Anchal, ...................District in Jharkhand State, Water, Gas or Drainage Pipelines should be laid by the M/s ......................

And whereas, it appears to the State Government that for the purpose of laying the said Water, Gas or Drainage Pipelines, it is necessary to acquire the Right of User in the land under which the said Water, Gas or Drainage Pipelines is proposed to be laid which is described in the Schedule annexed to this notification.

Now, therefore, in exercise of the powers conferred by sub—section(1) of section 3 of the Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Ordinance, 2018 (Jharkhand Ordinance No.04, 2018), the State Government, hereby, declare its intention to acquire the right of user therein.

Any person interested in the land described in the said Schedule may within twenty one days from the date of the publication of notification in the official Gazette under sub-section (1) of section 3 of the Ordinance, object in writing to the laying of Water, Gas or Drainage Pipelines to the Competent Authority appointed by Government of Jharkhand

SCHEDULE District Anchal Village/ Circle No.

Khasra No. Land to be acquitted for Right of User (in hectare) Competent Authority 7 Form—C [ see rule 5 (3) ] A Notification No ............ dated ...............has been published in the Gazette regarding declaration of the intention of the State Government to acquire the right of user in the following land of your ownership / occupancy to lay Water, Gas or Drainage Pipelines for the................project under sub—section (1) of section 3 of the Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Ordinance, 2018 (Jharkhand Ordinance No-04, 2018).

District Anchal Village / Circle No.

Khasra No. Land to be acquitted for Right of User (in hectare) Therefore, you are hereby informed under rule 5(2) framed under the Ordinance, that it is proposed to acquire the right of user in the land of your ownership / occupancy, by the State Government / Corporation.

Date ................... Competent Authority Place ...........

8 Form—D (see rule 6) Whereas by notification of the Competent AuthorityNo .........Date ...........issued under sub—scction (1) of section 3 of the Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Ordinance, 2018 (Jharkhand Ordinance No-04, 2018) (hereinafter referred to as the said Act) the State Government declared its intention to acquire the right of user in the land specified in the Schedule appended to the notification for the purpose of laying the Water, Gas or Drainage Pipelines for transportation of ...............from village ...............

Anchal ............... District to............. .........vi1lage................. Anchal,.................District for ………………… Project by .......................

And that notification published in the official Gazette on ...............and pasted on the notice board of the office of the Collector / Competent Authority, and the same has also been served to the land owner/ occupier.

And whereas in exercise of the powers conferred by sub-section (1) of section 4 of the said Ordinance, the right of user in the land for laying the pipeline shall vest in the State Government / Corporation free from all encumbrances.

SCHEDULE District Anchal Village / Circle No.

Khasra No. Land to be acquitted for Right of User (in hectare) Competent Authority 9 Form - E (see rule 9) Possession Certificate

1. As per declaration dated ............ ..issued under sub-section (1) of section 5 of the Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Ordinance, 2018 (Jharkhand Ordinance No-04, 2018) the following land of your ownership / occupancy shall be used by .................for the laying of Water, Gas or Drainage Pipelines for ................project.

S.No Village/ Circle No. Name of Land owner/occupier Khasra No. Land to be acquitted for Right of User (in hectare)

(1) (2) (3) (4) (5)

2. The compensation determined for the loss of income of crops, trees and other losses under section 9 of the Ordinance are as below :- S.No. Type of compensation Total Payable amount of compensation Date of Receipt of compensation.

Compensation of Loss income of crops Compensation of Trees Compensation of loss of other assets if any Additional Compensation of land

3. The Right of User in land shall be utilized from today dated .......... upto ................for which the payment of compensation and additional compensation has been paid to you on dated ..............for acquisition of right of user in above mentioned land. If the work of laying Water, Gas or Drainage Pipelines is not be completed in the specified period, the working period can be extended.

Signature of land owner / occupier Competent Authority Signatures of two witnesses.

1 ..................Name & address 2 ..................Name & address 10 Form-F (see rule 10) Possession Return Cetrificate.

1. As per declaration dated .............. issued under sub—section (1) of section 5 of the Jharkhand Water, Gas and Drainage Pipelines (Acquisition of Right of User in Land) Ordinance, 2018 (Jharkhand Ordinance No-04, 2018), the following land of your ownership/ occupancy has been acquired from the date...............to dated.......................for the laying of Jharkhand Water, Gas or Drainage Pipelines for ............. project.

S.No Name of Village / Anchal Name of Land owner/occupier Khasra No. Land to be acquitted for Right of User (in hectare)

(1) (2) (3) (4) (5)

2. Under section 7 of the Ordinance, the total compensation payment has been paid for acquisition of right of User in the above land. There is not any balance of payable amount in this regard.

3. The possession of above levelled land is handed over to you today dated ............

Signature of land owner / occupier Competent Authority Signatures of two witnesses.

1 ................ Name& Address 2 ................ Name& Address By order of the Governor of Jharkhand, Sd/- (D.K. Tiwari) Additional Chief Secretary to Government 11 Memo No-1/PMC/Vividh/798 /2017 (Part-II)----------------- Ranchi/Dated:-------- Copy forwarded to the Superintendent, Government Press, Doranda, Ranchi for publication in the next issue of extra Ordinary Gazette.

It is requested that please make available 300 copies of the said published Gazette to this Department.

Sd/- (D.K. Tiwari) Additional Chief Secretary to Government Memo No-1/PMC/Vividh/798 /2017 (Part-II)----------------- Ranchi/Dated:-------- Copy forwarded to Principal Secretary to Hon’ble Governor/ Principal Secretary to the Chief Minister / Secretary, Jharkhand Legislative Assembly / Chief Secretary, Jharkhand/ Development Commissioner, Jharkhand / All Heads of Department (Secretary / Principal Secretary / Additional Chief Secretary) Jharkhand/ All Divisional Commissioner, Jharkhand / All D.C.’s of Jharkhand / All District Land Acquisition Officers, Jharkhand / Engineer-In-Chief- I&II, Water Resources Department, Jharkhand / All Chief Engineer, Water Resources Department, Jharkhand / All Special Land Acuqisition Officers, Water Resources Department, Jharkhand for information and necessary action.

(D.K. Tiwari) Additional Chief Secretary to Government

Where this provision sits

ActAcquisition of Right of User in Land Rules, 2018
Section13
Marginal noteIssue of instructions
JurisdictionState of Jharkhand
StatusIn force as published by the source

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