Projects Of National Importance Can't Be Halted Due To Delay In Settling Award For Land-Losers: Punjab & Haryana High Court In NHAI's Plea

Observing that project of national importance should not be halted due to lackadaisical approach of authorities, the Punjab and Haryana High Court has directed the Punjab government to ensure the encumbrance-free possession of land for national highway projects, including the Delhi-Katra Expressway.

Justice Sureshwar Thakur and Justice Kuldeep Tiwari said, "this Court is required to be ensuring that the effective completions of the instant projects of national importance, which would also sub-serve the economy of State of Punjab, are not halted, only on account of unnecessary obduracy of any concerned or on account of the land-loosers concerned, or on account of some lackadaisical attitude on the part of any authority in delaying the completion(s) of the makings of structures award, through delaying, rather the completions of the ongoing arbitration proceedings, through delayings the makings of the requisite motions before the learned Courts concerned..."

It gave two-weeks time to the authorities to to resolve disputes pertaining to land and pending arbitration proceedings.

The Court clarified that it will be open to the NHAI to make a complaint before the Police Commissioner of the police district concerned in case the taking of possession is obstructed by "unruly elements."

"That, as is orally submitted today before this Court by Mr. Chetan Mittal, Senior Advocate and Mr. Raghujeet Singh Madaan, Advocate, appearing on behalf of the NHAI, qua despite earlier, assumptions of encumbrance free possession over certain pieces of lands by the NHAI, but yet some unruly elements are deploying unlawful modes merely to unsettle the said assumed possession by the NHAI. Therefore, it is open to the NHAI to make a complaint before the Police Commissioner of the police district concerned and on the said complaint, lawful action shall be drawn and also, prompt lawful steps shall be taken to ensure that the encumbrance free delivery of possession of the relevant tract of land, becomes remade to the NHAI," the court added. 

Last year in December, the High Court had issued a slew of directions to the Punjab Government authorities in a plea filed by NHAI (National Highways Authority of India) alleging that the state authorities are not passing land acquisition compensation and also failed to provide police assistance in compliance of High Court's directions.

The plea stated that due to the failure of duties on the part of state authorities, NHAI is unable to proceed with projects of national importance.

The Court had then opined that 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.

In the present hearing, the Court issued mandamus upon the Chief Secretary to the Government of Punjab and to the Director General of Police, to ensure "that the lawful actions become drawn against the de-relicting police officials concerned or against the de-relicting administrative officers concerned."

The court directed the district administration, Commissioners of Police of the concerned police district to ensure that all logistical support is provided so that there is ease of executing the ongoing works, which are of "national importance and which would pave way for improving" Punjab's economy. 

While listing the matter for March 21, the bench stated if its finds that, "any of the supra directions have been intentionally breached at the instance of the concerned, therebys, this Court shall draw such appropriate action against the derelicting officer/official concerned, as may be deemed fit..."

Title: NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANR VS STATE OF PUNJAB AND ORS

Mr. Chetan Mittal, Senior Advocate with Mr. R.S. Madaan, Mr. Mayank Aggarwal & Mr. Mahender Joshi, Advocates, for the applicant/NHAI.

Mr. Maninder Singh, Sr. DAG, Punjab.

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