'Ensure prompt land acquisition for NHAI': High Court issues 8 commandments
Saurabh Malik
Chandigarh, November 3
In an attempt to expedite the land acquisition process for the National Highways Authority of India (NHAI), the Punjab and Haryana High Court has issued eight commandments to ensure prompt and efficient acquisition of land for national infrastructure projects. The Punjab DGP has been directed to provide police assistance to the NHAI for acquiring encumbrance-free possession of land from affected landowners.
Provide police assistance, DGP told
- Punjab DGP told to provide police assistance to the NHAI for acquiring encumbrance-free possession of land from affected landowners
- The DGP was also instructed to take action against police officials in case there were delays in providing the requested assistance to the NHAI
The Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari made it clear that the assistance was required to be provided promptly, especially after the determination of compensation. The DGP was also instructed to take appropriate action against police officials, if there were delays in providing the requested assistance to the NHAI.
The Bench also ruled that the competent authority was required to promptly comply with statutory provisions, serving notices to the “land loser” and others in possession of the land, asking them to surrender possession within 60 days of the notice. The matter was argued by senior advocate Chetan Mittal on the behalf of the NHAI.
If the notice was not complied with, the competent authority was mandated to seek police assistance. Any breach of the request would allow the NHAI to escalate the matter to the state Chief Secretary for appropriate action.
The Chief Secretary was also tasked with directing the competent authority to take action, based on statutory provisions for uncompleted/pending projects. The Bench ordered that encumbrance-free possession for these projects was required to be delivered to the NHAI within two months, facilitating the timely completion of these national infrastructure projects.
The NHAI was also instructed to provide a list of ante-dated awards to the chief secretaries of Haryana and Punjab, followed by suitable action against errant officers/officials. The competent authorities were also directed to ensure the lawful awards were expediently made.
The NHAI was also asked to promptly deposit the awarded compensation, and the Collector concerned was asked to ensure encumbrance-free possession delivery to the NHAI within a month.
