HC seeks expedited action on encumbrance-free land delivery to NHAI in Punjab
The Punjab and Haryana High Court has sought a detailed timeline and expedited measures to address delays in delivering encumbrance-free land possession to the National Highway Authority of India (NHAI) for various highway projects across Punjab.
The direction is significant as important stretches of land remain inaccessible due to ongoing litigation, compensation disputes, and administrative issues, despite partial compliance by the state.
The Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari was told during the course of hearing that key projects such as the Beas-Baba Bakala-Batala-Dera Baba Nanak, Amritsar-Ghuman-Tanda-Una, and Southern Ludhiana bypass were facing hurdles.
Factors contributing to the delays included unresolved arbitration cases, missing revenue records, and pending notifications under the provisions of the National Highways Act, 1956. The authority, among others, was represented by senior advocate Chetan Mittal.
The Bench asserted that NHAI was involved in the construction of pilot projects in the state. It was evident from the reply submitted that the authority was unable to expedite the execution of the pilot projects due to the non-delivery of encumbrance-free possession to it.
“The prompt delivery of encumbrance free possession of the acquired lands to the NHAI naturally facilitates the quickest and rapid execution of pilot projects of national importance. On the other hand, tardy and slothful encumbrance free delivery of physical possession of the acquired lands by the State agencies, to the NHAI naturally impedes the execution of projects of national importance,” the Bench observed.
The court added a list would be provided within a week by the counsel for NHAI to Punjab Chief Secretary for yet to be completed or pending projects. He, in turn, would within a week direct the competent authority to initiate action in accordance with the relevant statutory provisions. The officer would further ensure that encumbrance-free possession of the listed projects was handed over to NHAI within two months, enabling the expeditious completion.
Regarding ongoing litigations pending before various courts and arbitration cases, the NHAI would expeditiously approach the judicial forums to seek swift resolution of the sub-judice matters. The authority would make every effort to file appropriate applications before the courts concerned to vacate any status quo orders.
The collectors of different districts would oversee the ongoing projects focusing on expediting land acquisition, issuing structural awards, and addressing related matters, including award distribution and timely project completion, by resolving issues proactively.
Punjab Director-General of Police would ensure prompt assistance whenever NHAI asked for the same to secure encumbrance-free possession of land from the land-losers, particularly where compensation had already been determined and disbursed under the relevant provisions.
“In case there is breach of the request made by the competent authority to the Police Commissioner or to the Collector concerned, it is open to the NHAI to move the Chief Secretary so that the latter draws appropriate action in accordance with law, against the derlicting officer/official concerned,” the Bench added.
