High Court Issues Directions To Punjab Authorities For Allowing Timely Execution Of NHAI 'National Importance' Projects In State

The Punjab & Haryana High Court has 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.

Justice Sureshwar Thakur and Justice Sudeepti Sharma noted, "NHAI is engaged in the construction of pilot projects in the State. It is apparently clear from the contents of the reply submitted hereinabove that on account of non-delivery of encumbrance free possession to NHAI, the authority is not being able to expeditiously execute the pilot projects..."

It 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.

While noting the "hurdles faced by the NHAI" relating to expeditious delivery of encumbrance-free possession of land by the state authorities, the Court issued certain directions including the following:

(i) In respect of the uncompleted/pending projects, list whereof shall be supplied within a week by the counsel for the NHAI, to the respondent concerned, thus the Chief Secretary to the Government of Punjab, shall within a week from receiving the said list, shall thereby direct the competent authority, to draw action in terms of the relevant statutory provisions (supra), and, subsequently the Chief Secretary to the Government concerned, shall thereafter, ensure that within a period of two months thereafter, rather encumbrance free possession of the enlisted projects, is delivered to the NHAI, thus for enabling it to expeditiously complete the pilot projects of national importance.

(iii) Moreover, certain promptest actions vis-a-vis erasings certain above impediments but are warranted even from the NHAI, therefore the apposite actions be promptly taken.

(iv) The Collectors of the District(s) concerned shall review the ongoing National Highways Authority of India projects, stressing the need for rapid land acquisition and structural award being passed besides other related issues including the award distribution and expedited project timelines and resolve issues proactively.

(v) The Director General of Police of the State of Punjab, is to ensure that, as and when police assistance is asked for, by the NHAI for delivery to it, of encumbrance free possession, from the land-losers concerned, especially when prior thereto, compensation in terms of the relevant provision (supra) becomes determined, besides becomes disbursed, to therebys make the promptest compliances thereto.

The matter is listed for January 31, for compliance.

Mr. Chetan Mittal, Sr. Advocate with Mr. R.S. Madan, Advocate,

Mr. Mayank Aggarwal, Advocate and Mr. Mahender Joshi, Advocate, for the applicant(s)/petitioners/NHAI.

Mr. Maninder Singh, Sr. DAG, Punjab.

Title: NHAI v. State of Punjab & Ors.

Click here to read/download the order