ANNUAL REPORT 2016-2017 LAND DEPARTMENT
PREAMBLE: Land is ever precious and ever abundant, but when we look for a required plot of land with the core interest of our Company, it becomes ever difficult to have it, because of the present socio-economic scenario. With this great responsibility, Land Department of Oil India Ltd. is engaged in procuring/ acquiring land mainly for drilling locations, various projects, pipe-tracks/flow lines and other such requirements in fields to accomplish with the goal of the Company in its exploration, production and transportation of hydrocarbons. OBJECTIVES: 1. To acquire land through: a. Bi-partite Settlement b. Under the provisions of Rule-189/190 of The Assam Land & Revenue Regulation, 1886 c. Under provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 d. Under the provisions of The Petroleum & Minerals Pipelines Act, 1962 2. To pay Land Value to the rightful landowner (pattadar). 3. Mutation of lands in favour of the Company. 4. Payment of Land Revenue. 5. Monitor & coordinate legal cases on land matters. 6. Preservation of land records. 7. Maintain harmonious and cordial relationship with the people of land affected areas and other stakeholders. 8. Maintain equity, fairness and transparency in the entire process of procurement of land. P a g e 1
FUNCTIONS/ACTIVITIES: The activities of Land Department are coordinated through three sections: Land Acquisition Section Land Value Payment Section Land Records, Legal & General Establish first contact with the occupier/landowners. Interact with the occupiers/landowners and obtains their consent for selling of their land. Liaise with District/Revenue Circle Authorities for obtaining land records, cadastral maps etc. Preparation of documents essential for payment of surface compensation to the occupiers/landowners. Payment of surface compensation. Release of land to the indenting department. Interact with the landowners for collecting the requisite documents for obtaining Sale Purchase Permission from the District/State Authority. Liaise with Revenue Authority, District/State Authority on land matters/records. Preparation of documents essential for obtaining permission from the District/State Authority for payment of land value to the landowners. Execute Sale Deeds and Agreement to Sell. Maintain, update and compile land records. Mutation of lands. Land Revenue payments. Office administration. Legal cases/matters, RTI queries, etc. Budgeting & Planning. PERFORMANCE: The land acquisition scenario in OIL s operational area particularly in Tinsukia and Dibrugarh Districts has been extremely difficult during the year under review. Peoples expectation from OIL in respect of employment, demands for higher/unreasonable compensation towards surface assets and land value, involvement of large numbers of third party organizations, pressure groups, NGOs, etc, proximity to Eco-Sensitive Zones, locations/projects in rural areas, tea gardens, etc. where the population is mostly dependent on land (agriculture) and the related ecosystem all these, inter alia, make land acquisition a challenging task. P a g e 2
Under the circumstances, Bipartite Settlement with occupiers/landowners for acquisition of land was not successful in most of the cases this year. Acquisition through new Land Acquisition Act, 2013, i.e. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was not any better. In a few cases, in spite of completion of all formalities under the old Land Acquisition Act, 1894, the concerned District Authorities were unable to handover the land to OIL as the landowners continue to protest and refused to accept the compensation. In case of one drilling location, namely Loc. CL, though the award amount was deposited with the District Authority, the landowners refused to accept the compensation demanding higher compensation. Now the matter is sub-judice in the Court of Hon ble District Judge, Tinsukia. LAND ACQUSITION: The total land area taken over for the drilling locations/pipe tracks/projects during this FY 2016-17 is 201.83 Bigha, details of which are as under: A. Drilling Locations: Sl. No. Name of Drilling Locations District Mode of Acquisition 1 CV Dibrugarh Bipartite Settlement 2 DYC do ROE * 3 DHS do Bipartite Settlement 4 BG do do 5 TAX Tinsukia do 6 HXN Dibrugarh do 7 HXO Tinsukia do 8 HXR Dibrugarh do * ROE : Right of Entry under Assam Land Revenue and Regulation, 1886 P a g e 3
B. Pipe-tracks/Projects/others: Sl. No. Name of Pipe-tracks/Projects District Mode of Acquisition 1 P/T from Loc DGF to Joypur OCS Dibrugarh Bipartite Settlement 2 P/T from Loc HUS/HVL to Baghjan P/T Tinsukia do 3 P/T from Hukuta to OCS-3 Dibrugarh do 4 Additional Land for MKB-1 Tinsukia do CARRY FORWARDED (to FY 2017-18) LAND ACQUISITION CASES: A. Drilling Locations: Mode of Acquisition Total number of Drilling Locations District Name of Drilling Location(s) Total Bipartite Settlement 04 Dibrugarh HXQ & CY 02 Tinsukia DHR/DHQ & HYZ-H/HZA-H 02 ROE 05 LA Act 01 Dibrugarh TAN, TAQ & SPA 03 Tinsukia HWZ (approach road) & TAM Dibrugarh 0 0 02 Tinsukia CL 01 Total : 10 - - 10 P a g e 4
B. Pipe-tracks/Projects/Others: Mode of Acquisition Bipartite Settlement Total number of Pipe-tracks/ Projects District 02 Dibrugarh ROE 02 Tinsukia Name of Pipe-tracks/ Projects P/T from DGD to Fatengebor Repeater Station Effluent Treatment Plant P/T from HUW to HRT P/T from Baghjan 1,2 & 5 to FGS Total 02 02 Total 04 - - 04 LAND VALUE: During the FY 2016-17, a total of 77 Nos. of Sale Deed including 01 No. of Agreement to Sell were executed and registered in Dibrugarh & Tinsukia districts for total land measuring 109.365 Bigha acquired for the Drilling Locations/Pipe-track/Projects as under: Executed Sale Deed/Agreement to Sell No. of Sale Deeds Land Area (in Bigha) Drilling Location 57 89.425 Pipe-track 18 9.92 Project/Other 2 10.02 Total 77 109.365 P a g e 5
MUTATION: Mutation, in general, is the process of substituting the name of a succeeding landowner in place of the original landowner in the appropriate register and Record of Rights. OIL applies for mutation of land records in its favour immediately after registration of Sale Deed. Mutation applications have been submitted at various Revenue Circle Offices of Dibrugarh, Tinsukia and Sivasagar districts as applicable. Details of mutation applications and mutated land area during the FY 2016-17 are as under: District Dibrugarh Revenue Circle Mutation Application No. of Application Land Area (in Bigha) Area Mutated (in Bigha) Dibrugarh (East) 0 0 0 Chabua 9 26.54 18.56 Tengakhat 3 12.82 0 Naharkatia 5 24.56 0 Tingkhong 0 0 0 Moran 2 1.91 0 Tinsukia 22 38.92 0 Tinsukia Sivasagar Doomdooma 3 3.64 1.53 Margherita 0 0 0 Mahmora 0 0 0 Charaideo 0 0 0 Total 44 108.39 20.09 P a g e 6
COURT CASES AND INFORMATION UNDER RIGHT TO INFORMATION ACT, 2005: A. Details of Pending/Disposed off Court cases on land matters in various courts is as below Sl. No. Case No. & Name of the involved parties Pending before (Forum) Present Status/Remarks 1 WP(C) 5372/2013 (OIL Vs. DC, Tinsukia & others) Do Disposed off on 0802.2017. 2 WP(C) 4053/12 (Munindra Nath Acharjee Vs. OIL & others) Gauhati High Court Pending for hearing. 3 M.S.02/2013 (Alakananda TE Vs. OIL) Court of Civil Judge, Tinsukia Pending for evidence hearing. 4 5 TS-14/2014 (MiscJ-22/2014) (Smt. Anupama Rasiwasia & others Vs. Sri Kumbhakarna Goud & OIL) Misc. (LA) Case No.102/14 (Sri Digen Gogoi & others Vs. DC, Tinsukia & OIL) Munsiff Court No.1, Tinsukia Court of District Judge, Tinsukia Main suit is pending for hearing. Misc. case disposed off on dismissal. Pending for filing written objection. 6 WP (C) 7400/2015 (OIL Vs Govt. of Assam & others) Gauhati High Court Pending for hearing. 7 T.S.31/2016 (Kumbhakarna Gaud Vs. OIL) Court of District Judge, Tinsukia Pending for filing written objection. 8 9 WP(C) 1806/2017 (M/s Assam Tea & Tea Seeds Plantation (P) Ltd. Vs. OIL & DC, Dibrugarh) TS-27/2016 & Mic.(j)-33/2016 (M/s Assam Tea & Tea Seeds Plantation (P) Ltd. Vs. OIL & DC, Dibrugarh) Gauhati High Court Court of Civil Judge, Dibrugarh Pending for filing affidavit-in-reply. Dealt by Legal Cell (OIL) B] During the FY 2016-17, a total of 09 (nine) Nos. of RTI queries were attended by the Department pertaining to different land issues and accordingly informations were furnished to the Central RTI Cell, OIL. P a g e 7
LAND REVENUE: The Government of Assam vide its Notification No. RSS.510/93/54 dtd. 15.07.1995 enhanced the land revenue against the land holding by OIL/ONGCL by reclassifying the land as Industrial Site under the provision of Assam Land Revenue Re-assessment (Amendment) Act, 1997. OIL challenged the enhancement before the Hon ble Gauhati High Court. The Hon ble Gauhati High Court passed its final judgment in the matter on 23.11.2012. Finding the said judgment unfavorable, an appeal was preferred by OIL before the Hon ble Supreme Court of India, which is presently pending for disposal. However, Land Department is reimbursing the land revenue at the old rate, which has been paid by the original landowner(s) for the land procured & used by OIL for want of pending mutation/partition in OIL s name in the revenue record. Further, the land revenue at the old rate in the District of Tinsukia has also been paid till 2015-16 against the OIL s land as per the relevant Sadar Jamabandi Records. INITIATIVE TAKEN: Land Department has taken various initiatives for smooth and expeditious land acquisition process as well as other ancillary jobs during the FY 2016-17: 1. Utmost efforts have been taken to pay the surface compensation as well as the land value together before releasing the land and accordingly in the cases like Drilling Location HXN, 99% success was achieved. 2. Collection of land details from the concerned Revenue Authority in first hand is under active initiation to continue with the above practice. 3. As per the advice of Ministry of Urban Development (Land and Development Office), Government of India and under the monitorship of Ministry of Petroleum and Natural Gas, Land Department has taken initiative to upload the land information pertaining to land having by Oil India Ltd. in the Government Land Information System (GLIS) in a phase-manner. P a g e 8
FINANCIAL INVOLVEMENT: Land Department has incurred the under tabled expenditures during the FY 2016-17 for the procurement of land:- Sl. No. 1. 2. Head of Expenditure Surface Compensation (Including Solatium on Surface Compensation) Land Value (Including Sale Deed, Agreement to Sell) Amount of Expenditure (in Rs.) 2,43,24,599/- 3,96,52,187/- Total 6,39,76,786/- Opening & closing balance of expenditure towards Non-Judicial Stamp Papers:- Opening balance as on 1st April 2016 (in Rs.) Purchased during the year 2016-17 (in Rs.) Utilized during the year 2016-17 (in Rs.) Closing balance as on 31st March 2017 (in Rs.) 6,95,710/- 5,00,000/- 10,20,160/- 1,75,550/- HUMAN RESOURCE/MAN POWER A) Departmental Strength: Category Strength Executive 14 Work Persons 17 P a g e 9
B) Separation/Transfer: Name Of Executive / Work Person Sri Dipu Hazarika Grade H Transfer/Superannuation Transferred to Corporate Office, Noida Sri Chakra Gogoi C Superannuated (28.02.2017) TRAINING/SEMINAR: During the FY 2016-17, executives & work persons of the department attended/participated in the under mentioned In-Country & In-House training programs & seminars - A) In Country:- Sl. No. Programme Title Venue 1 Leadership from Inside Outside Noida 2 Petrotech-2016 New Delhi 3 Right to Information & Knowledge Management Udaypur B) In House:- Sl. No. Programme Title Venue 1 Right to Information MTDC 2 Legal Committee Tool-9 do 3 Stress Free Living Through Meditation do ***** P a g e 10