- To protect the pipelines from damage, activities around the pipelines are restricted and landowners are advised not to venture into such activities around the pipeline. Construction of permanent structure in the ROW may damage the pipeline and restrict its maintenance activities, hence it is not allowed.
- The activities which are prohibited in the pipeline Right-of-Way (ROW) are
- Any type of digging
- Plantation of trees
- Any type of construction activity
- Burning fires
- Storing materials
- 2) driving over a pipeline could damage the integrity of the pipe over time, potentially leading to weakness or corrosion in the pipeline
Petroleum And Minerals Pipelines (Acquisition Of Right Of User In Land) Act,1962
In 2009 an underground pipeline carrying natural gas (it is a 1375 km pipeline traversing from Andhra Pradesh in the east to Gujrat in the west) was laid under the aforementioned Act, the company revealed that the Right of Way for the 1.2-metre diameter pipeline is 30 metres (23 metres on the right and 7 metres on the left in the direction of the laid pipeline). This pipeline passes through a narrow strip of land I have, which I bought to gain access to my lands in 2002 which are in the interior landscape. This road in the narrow strip of land is the only way possible to have access to my other lands. According to the PMP Act,1962, the pipe laying company staff in 2009 intimated that other than building a house, excavating wells and ponds, and planting a tree other than that I can build an access road in future. But Now when I am laying a paved road on that strip of land the pipeline company is objecting to it. I questioned them, that his pipeline traverses through many Roads, highways, bridges etc. How come I am not allowed to lay a parallel access road to the pipeline of just 100 metres in my land? But company staff is adamant and is saying they will serve court notice if I lay the road. Am I allowed to lay a road in the Right of Way of pipeline?
Asked 2 years ago in Civil Law
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16 Answers
As such no company can laid pipe line. In fact under Petroleum And Minerals Pipelines (Acquisition Of Right Of User In Land) Act,1962, govt after acquiring the land for purpose of laying paper lines. Central Govt or state govt or corporation follow procedure to acquire land by notifying the land, hearing objection, survey, awarding compensation etc and after acquisition land belongs to govt. Laying road may damage pipes and in case of any future expansion. So you cannot be allowed to lay road near pipe line area. If your land is not acquired then challenge the act restricting you by filing Writ Petition in high court or approaching competent authority like DM office etc.
While laying the pipeline, the local landowners in vicinity had intense negotiations with the company. So after a few weeks, the company came up with an alternative proposal of making the re-alignment of the pipeline. This new route of pipeline consisted of taking it through adjoining land boundaries of respective multiple landowners to reduce the loss due to Right of way. Also, the company reduced the Right of Way (RoW) to 10 meters and also gave compensation for only 10 meters instead of 30 meters specifically to local landowners there as many were in disagreement. Additionally, the compensation amount was also increased. Due to this realignment of the new route, the pipeline was passing through the narrow strip of land I possessed which I generally use for accessing internal lands. I protested and told them I am not okay with the new alignment and vouched for the old alignment as I may lose access to my lands. But I was told in the 1962 act there is no clause for not building a road. So I could build in the future. Additionally, on the right side of the pipeline, the RoW is supposed to be 23 meters, but no landowners in the area were given any notification or compensation in the right side of pipeline, only left side were given and RoW their side in 10 metres. One last thing, to access all these mentioned lands including mine needs to pass through a 100 ft road which is in the 2031 master plan of Telangana Govt. This 100' ft road is 1m away on top of the underground pipeline and runs parallel to it for about half a km. This specific road is being used by all commuters for the last 10 years. When I met the local pipeline in charge, he told me that they are giving permissions with some specific conditions to landowners to cross the pipeline with a road but perpendicular to the pipeline. My request is, please advise me what I can do in the current situation as I need to make a parallel road to the pipeline to access my lands.
Asked 2 years ago
Approach authorities for permission to build road parallel to pipeline to access your land
2) The proposed road should not impair the safe maintenance and repair of the pipelines,due to the weight of traffic
Dear Client,
To ensure the ongoing safety and integrity of the pipelines, it is important to restrict certain activities within the pipeline Right-of-Way (ROW). The following activities are prohibited within the ROW:
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Digging: Any type of digging, including excavation or trenching, should be avoided to prevent accidental damage to the pipeline.
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Plantation of trees: Planting trees within the ROW is not allowed since tree roots can potentially grow and interfere with the pipeline, leading to damage or blockage.
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Construction activity: Building any permanent structures, such as buildings or roads, within the ROW is prohibited as it can hinder pipeline maintenance activities and pose risks to its integrity.
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Burning fires: Lighting fires or conducting open burning within the ROW is strictly prohibited due to the potential for heat damage or ignition of flammable materials.
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Storing materials: Storing any materials, equipment, or other items within the ROW is not allowed to ensure unobstructed access for maintenance and inspection purposes.
Regarding the proposal to construct a road parallel to the pipeline for accessing your land, it is important to approach the relevant authorities for permission. However, it is crucial to ensure that the proposed road does not compromise the safe maintenance and repair of the pipelines. This includes considering the weight of traffic that the road will accommodate. It is recommended to consult with pipeline operators and regulatory agencies to assess and mitigate any potential risks or impacts on the pipeline's integrity during the construction and operation of the road.
A pipeline right-of-way is a strip of land over and around pipelines where some of the property owner's legal rights have been granted to a pipeline company.
A setback is a minimum distance that must be maintained between an energy facility (e.g., well, pipeline, gas plant, or geothermal facility) and a dwelling, rural housing development, urban centre, or public facility.
Aright of way agreement between the pipeline company and the property owner is called an easement usually filed in the public records with property deeds.
The agreement may vary the rights and widths of the right of way, but generally the pipeline company's right of ways 10 meter wide of each side of the pipeline unless special conditions exist.
The hazard area radius is basically the area in proximity to the pipeline within which there would be virtually no chance of survival if a pipeline rupture and fire were to happen, and it varies in size from about 100 feet to about 700 feet for a 6-inch to 42-inch pipeline, respectively. For example, A 26-inch, 600 psi natural gas pipeline would have an approximate 450 foot hazard area radius, according to the C-FER model.
There is language in the regulations that requires operators to generally protect the pipe from hazards, but often much is left up to the discretion of the operator
Therefore on the basis of the agreement you had entered into with the pipeline company, you may challenge the court notice or suit on merits, let the court decide the case on merits.
“Each transmission line must be installed with at least 12 inches (305 millimeters) of clearance from any other underground structure not associated with the transmission line. If this clearance cannot be attained, the transmission line must be protected from damage that might result from the proximity of the other structure.”
The hazard area radius is basically the area in proximity to the pipeline within which there would be virtually no chance of survival if a pipeline rupture and fire were to happen, and it varies in size from about 100 feet to about 700 feet for a 6-inch to 42-inch pipeline, respectively. For example, A 26-inch, 600 psi natural gas pipeline would have an approximate 450 foot hazard area radius, according to the C-FER model. The model does not take into account things like wind, topography, and any protection such as berms or fire walls.
States and (if the state does not preempt them) local communities may adopt their own setbacks between pipelines and homes.
If you feel that a gross injustice has been meted out to you, it would be better you file a suit for easement rights and your easement would be by necessity.
You need to approach court under writ jurisdiction if they are obstructing you from the same
- Since, you need a road to access to your land , then on the refusal of the said company , you can file a suit under The Indian Easement act , for claiming road/path to access your land , parallel to the pipe line.
.- under section 35 of the Indian Easement Act , you can obtain permanent injunction restraining that company from obstructing your right to make a parallel road to the pipeline.
Without paying compensation, your right use your land for pathway cannot be obstructed. You carry on with your road construction. No illegality.
Let them approach the court. They have no legal right to obstruct your right to use land and its improvement. On the contrary, company is getting profited by third party property for own work order (tender)
The compensation of 10% of land government value was calculated back then. Many of my land neighbors back then protested that this pipeline would deny them access from their one piece of land to another. But in 2009 all company officials ascertained that road can be built, as the pipeline is at sufficient depth of more then 5ft. But there is no written proof of this and now company officials are saying road cannot be laid. I requested them to please enlighten me as to which act is it mentioned so, as according to the 1962 act, building, excavating ponds, or drilling borewells and planting trees is not allowed. Even in PNGRB Act, 2006, under regualtion "Petroleum and Natural Gas Regulatory Board (Technical Standards and Specifications including Safety Standards for Petroleum and Petroleum Products Pipelines) Regulations, 2016. its mentioned, 6.12.2.1 When an existing pipeline is to be crossed by a new road or railroad, the operating company shall analyze the pipeline in the area to be crossed in terms of the new anticipated external loads. If the sum of the circumferential stresses caused by internal pressure and newly imposed external loads (including both live and dead loads) exceeds 0.90 SMYS (specified minimum yield strength), the operating company shall install mechanical reinforcement, structural protection, or suitable pipe to reduce the stress to 0.90 SMYS or less, or redistribute the external load acting on the pipeline. API 1102 provided methods that may be used to determine the total stress caused by internal pressure and external loads. The issue is due to the re-alignment of the pipeline in favor of other landowners, I am losing access to my internal lands as the current unpaved path intended for a road is directly above the underground pipeline. The pipeline incharge, at that time after getting my sign on agreements, stopped responding and I requested multiple times for handing over agreements after company sign but he didnt.
Asked 2 years ago
file writ petition in Hc against company refusal to give you permission to construct a road to access your internal lands
due to the re-alignment of the pipeline in favor of other landowners - clear case of discrimination. You can obtain order from court to direct the company to construct the road at his own cost.
Do not rely on hearsay or told as mentioned. On agreement signature of company's authorised person is necessary but no official can sign agreement with proper authority. File writ petition in high court if you are owner in respect of proposed pipe line area.
- You can file a Writ Petition before the High Court.
You can do the aforesaid
- Do not rely on what you have heard or been told about the agreement. The signature of an authorized person from the company is necessary, but no official can sign the agreement without proper authorization.
- If you are the owner of the land in the proposed pipeline area, you can file a writ petition in the High Court.
It was a hearsay information that the company would allow you to lay roads over the pipeline.
There is no proof or evidence that the company allowed yo to lay road over the pipeline.
You can either file a suit for mandatory injunction before civil court or a writ petition before high court seeking easement rights or to permit you lay road over the pipeline