Punjab and Haryana High Court raps Punjab for delay in Delhi-Katra expressway

The Punjab and Haryana High Court has castigated the State of Punjab for putting brakes on critical highway infrastructure projects following “indolent and ineffective approach of the executive authorities”.

Describing the prevailing situation as “appalling”, a Division Bench also asked the Chief Secretary and the Director-General of Police to ensure encumbrance-free land for the National Highways Authority of India (NHAI) for the Katra-Delhi Expressway.

The Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari further directed them to ensure adequate protection to the NHAI and its contractors for enabling them to resume the work immediately. A compliance report was also directed to be submitted.

The censure and the directive came after the Bench took note of the unilateral extension of deadline by the Punjab authorities from October 15 to December 15 for delivering complete possession of land despite previous assurances.

It was hearing a petition filed against the State of Punjab and other respondents by the NHAI and another petitioner through senior counsel Chetan Mittal with advocates RS Madaan and Mayank Aggarwal. The landowners were represented by advocate CS Bagri.

Pointing at a pattern of administrative inefficiency and repeated delays despite clear orders, the Bench asserted it had on September 20 directed the respondents to ensure encumbrance-free delivery of acquired land to the contractors engaged by the NHAI. But an affidavit placed before the Bench indicated that the deadline had not been adhered to.

“Although 100 per cent possession of 318.37 km acquired land has been delivered to the NHAI, police assistance is required for resuming work on almost 5-km stretch in Tarn Taran and Malerkotla districts,” the Bench observed.

Referring to the extended deadline, the Bench asserted it did not appreciate the approach adopted by the authorities concerned. The initial deadline was suggested by them. Instead of abiding by their own stand, the authorities concerned extended the deadline.

“There was no reason for the authority concerned to unilaterally extend the deadline. Rather, it was under legal obligation to abide by its stand and deliver complete possession within the stipulated deadline. The conduct of the authorities concerned is required to be deprecated in the strongest terms,” the court observed.

The Bench also took note of the delay in delivering complete possession for another track before observing that the sluggish pace at which the authorities were working raised serious concerns.

The Bench asserted it was granting the authorities a final opportunity to adhere to the newly set deadline for ensuring encumbrance-free possession of the acquired land.