Friday, December 26, 2008

WIND ENERGY PROJECT ( A study on Land Acquisition and other Legal aspects )

WIND ENERGY PROJECT ( A study on Land Acquisition and other Legal aspects involved in commissioning of wind power project in Maharashtra.)
(r/w. Sec. 63-1A of BT & AL Act and other material)

1) Wind Energy: Related companies are Vestas Wind Technology, Vestas RRB , Suzlon, Enercon , TATA Power.

2) For obtaining permission from Development Commissioner only the details of the 'Ownership of Lands, under project are required to be submitted.

The Ministry of non-conventional energy sources, Government of India power group, wind power division, New Delhi provides guide lines for wind power projects. Maps are prepares showing wind resources in India, by which areas are identified.

The Govt. of Maharashtra, Industries, Energy and Labour Dept. vide resolution No.Pawan 2004/P No.1274/Urja-7 dated 26.02.2004 introduced Wind Policy 2004.
Guide Lines for Wind Power Projects
1) The Government of India, Ministry of Non-Conventional Energy Sources, Wind Power Division, New Delhi, provides guide lines vide circular, in respect of matters relating to Wind Energy :
* No.66/241/95-WE(PG) dt. 13/06/1996
* No.66/241/95-WE (PG) dt. 27/02/1996
* No.66/53/2000-WE (PG) dt. 23/10/2000
* No.66/53/2000-WE (PG) dt. 04/03/2002
* No.66/53/2000-We (PG) dt. 04/10/2004
* No.66/53/2000-We (PG) dt. 06/07/2006

The map of by India is prepared wherein the wind sources available in India are shown. Hence, it is easier to identify the areas in India were wind sources are available.

2) Government of Maharashtra, Industries, Energy and Labour Department, declare Wind Energy Police and other related matters. The above said Department published Resolution No.Pawar 2004/P No.1274/UR/a-7 Mantralaya, Mumbai dt.26th Feb. 2004.

3) In the State of Maharashtra "The Maharashtra Energy Development Department (MEDA) Manage control and monitor all the affair relating to wind and other non-conventional energy sources.

4) The MEDA is established in the year 1996 by a Notification

About achievements of MEDA

1) Chalkewadi Satara Wind Mill Project (Around 300 mega watts) was the largest wind energy project in Asia and the same was noted by "Limba Book" Records.
Below cited chart shows capacity of non conventional energy sources in India and in Maharashtra.
* A Note published by MEDA on 31st July 2008 for achievements of MEDA is separately attached herewith.

2) In the year 2007 "Sakari" Wind Mill Project of Dhule District broke the above cited records and in the regard the Honour was provided to the Secretary of MEDA namely Mr.Mahesh Zagade.

3) The Minister of Non-Conventional Energy Dept. of Govt. of Maharashtra is the Chairman of MEDA and the Secretary is appointed by him IAS, personal. The Secretary of MEDA's office is at Yerawada Pune.

In the event if the west side is open on any hill and if according the assumption of Wind Mill Energy Engineers if the 'Plato' is suitable for Wind Energy, then they install wind mask on that plato for recording the wind flow velocity available the Plato or place. That for about 03 to 06 months the record of velocity of wind flow is recorded.

* The mask installed provides information of velocity of wind in the 100 meter circle around it.
* To install the said 'MASK' the land is obtained on Lease.
* If the site of found suitable 'TOPO MAP / SHEET' is prepared by the help of GPS (Global Positioning System) by taking easting and northing into consideration. On the Topo Sheet the locations are marked, by taking into consideration that it should effect wind flow of other location or Machine.
* After preparing Topo Map, the application for Infrastructure Clearance is preferred by the Developer to MEDA alongwith :
(1) Topo map showing points / location of installation of wind mill.
(2) Connectivity to sub-station of MSEB (Mah. State Electricity Board) Clearance from MSEB Dept.
(3) 7/12 Extract of Proposed Project Site.
(4) Green Fund Demand Draft of refundable and non-refundable amount.
(5) Gram Panchayat NOC
(6) Mining Department, Nagpur.
(7) Supporting Affidavit.
* On receiving above cited application for infrastructure clearance MEDA looks into it in accordance with the guidelines provided by CWET (Centre for Wind Energy Technology.
On satisfaction of all the requirements MEDA accord infrastructure clearance. At the time of making application for the infrastructural clearance the Developer has to pay Rs.5 Lac as Green Fund (not refundable) and Rs.15 Lac as deposit (refundable) but the Developer has to complete the project in all respects within period of 09 months from the date of getting Infrastructural Clearance. The Green Fund is the fund created by MEDA and as per guidelines provided by MEDA, MEDA with the help of PWD and Private Contractors takes responsibility to develop approach roads and supply lines for Wind Power Project.
* Thereafter Land Acquisition Commences and/or First suitably land is acquired and thereafter the procedures established are followed.
* If the suitable land are more then 10Hectors then application is preferred to the Development Commissioner (Industries) (for short DI) alongwith :
- 7/12 Extract
- Marked village map
- Certificates from Village Talathi about Non-Acquisition / Reservation of Proposed Land.
- Zone identification from Town Planning Dept.
- Profile of Company
- Detailed Project Report.

· On receiving permission from DI, the land acquisition is made.






Benefits of Section 63-1A of BT & AL Act to Wind Power Industries.

1. To purchase land above 10Hector, Permission DI is required to be obtained due to the 'bar' to purchase agricultural lands by non agriculturist is relaxed.
2. The provisions of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 does not apply. The Agricultural Ceiling Act, provider restriction to purchase Agricultural Land above 54 Acres and/or as per the Slab.
3. If the lands are of occupant Class-II no separate permission is to be obtained from Revenue Authorities only the Developer is required to pay the prescribed 2 % or 48 % as 'Nazrana' amount to the concerned District Collector, within one month from the date of Sale Deed.
4. Within one month from the date of converting the Agricultural Land to Non Agricultural Purpose Developer is required to provide intimation to concerned Tahsildar through Village offer and shall also and/or the copy to the District Collector in Form-VI A of Rule 11-A of Maharashtra Land Revenue (Conversion of Land and Non-Agricultural Assessment) Rules 1969 said Rule 11A, is inserted by Maharashtra Government Notification of 19.10.1994, in response to New Industrial Policy 1993.
5. It is obvious on the hill or mountain the air flow or velocity of AIR is more no vegetation can grow there.
6. Scheduled Tribes and other traditional forest residents (Recognition of Forest Rights) Act, 2006 (AZwgw{MV O_mVr d BVa nma§nm[aH$ dZ {Zdmgr (dZ h¸$ _mÝ` H$aUo) A{Y{Z`_ 2006) makes provision under Chapter-III to make available the forest land for non conventional energy (Anma§nm[aH$ COm© gmYZo).
7. Land Acquisition under the provisions of Land Acquisition Act 1894 is also a better option for such acquisition as Power Projects can be interpreted as projects for Public-Purpose.
(The data provided here is based on best knowledge of publisher and publisher is not responsible for any damage or lose caused because of its use by any body)