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The 3,700 crore project involving 1,114km long pipeline from Kochi -Koottanad -Bangalore and Koottanad -Mangalore is passing through residential area and paddy fields of Kerala, Karnataka and Tamlnadu. The proposed pipe line violates safety guaranteed by the Petroleum And Mineral Pipelines Act 1962 (pdf/html)

In the act, section 4 says..

4. Power to enter, survey, etc. On the issue of a notification under sub- section

(1) of section 3, it shall be lawful for any person authorised by the Central Government or by the State Government or the corporation which

1. Ins. by Act 13 of 1977, s. 4 (w. e. f. 3- 2- 1977 ). 2 Ins. by s. 5, ibid. (w. e. f. 3- 2- 1977 ).

proposes to lay pipelines for transporting petroleum 1[ or any mineral], and his 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;

(d) to mark such levels, boundaries and line by placing marks and cutting trenches;

(e) where otherwise survey cannot be completed and levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle; and

(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.

20m width land will not be useful for residential and agriculture purposes.

In the act, section 5 says..

5. Hearing of objections.

(1) Any person interested in the land may, within twenty- one days from the date of the notification 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 enquiry, 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.

GAIL officials failed to answer questions raised by land owners

In the act, section 7 says..

7. Central Government or State Government or corporation to lay pipelines.

(1) Where the right of user in any land has vested in the Central Government or in any State Government or Corporation under section 6–

(i) it shall be lawful for any person authorised by the Central Government or such State Government or corporation, as the case may be, and his servants and workmen to enter upon the land and lay pipelines or to do any other act necessary for the laying of pipelines: Provided that no pipeline shall be laid under–

(a) any land which, immediately before the date of the notification 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;

(d) any land at a depth which is less than one metre from the surface; 1[ .

(ia) 2[ for laying pipelines for the transport of petroleum, it shall be lawful for any person authorised by the Central Government or such State Government or corporation to use such land for laying pipelines for transporting any mineral and where the right of user in any land has so vested for laying pipelines for transporting any mineral, it shall be lawful for such person to use such land for laying pipelines for transporting petroleum or any other mineral; 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 act necessary for any of the aforesaid purposes or for the utilisation of such pipelines.

(2) If any dispute arises with regard to any matter referred to in paragraph (b) or paragraph (c) of the proviso to clause (i) of sub- section (1), the dispute shall be referred to the competent authority whose decision thereon shall be final.

1. The word” and” omitted by Act 13 of 1977, s. 8 (w. e. f. 3- 2- 1977 ). 2 Ins. by s. 8, ibid. (w. e. f. 3- 2- 1977 ).

Many places GAIL violates 7.1.a, 7.1.b and 7.1.c.

Many places GAIL violates 7.1.d. “any land at a depth which is less than one metre from the surface” The word “depth” is not clear. All the paddy field are 1m below the normal surface (GAIL officials did not clarified the meaning of depth).

In the act, section 7 says..

9. Restrictions regarding the use of land.

(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; or

(iii) plant any tree, on that land.

How one will live in such a land and how land used for agriculture purposes.

In the act, section 10 says about compensation. We are concern about safety of our life and loss of agricultural land particularly paddy field.

Any construction in the paddy field (wetlands) is prevented by Wetlands (Conservation and Management) Rules, 2010 which making a conflict with this law

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Nature

Kochi Koottanad Bangalore Mangalore Gas Pipeline – Against Nature