Ensure smooth sailing for NHAI projects: HC tells Punjab

Taking a stern view of the fact that national highway projects in Punjab are getting delayed as possession of land has not been fully handed over, the Punjab and Haryana high court issued a series of directions, including non-disruption to projects of national importance. The court directed the Punjab government to ensure the encumbrance-free possession of land for national highway projects, particularly the Delhi-Katra Expressway.

The court also stated that all obstructions hindering the execution of national highway projects must be curbed within two weeks, including pending statutory notifications and arbitration cases.

The bench of justice Sureshwar Thakur and justice Kuldeep Tiwari made it clear that unnecessary interference should not delay the projects, while referring to their significance for boosting the economy of the state.

The bench observed the National Highways Authority of India (NHAI) had deposited substantial amounts with the sub-divisional magistrates and collectors. Yet, the possession of the land had not been fully handed over. Appearing for the NHAI, senior advocate Chetan Mittal also apprised the court of the persistent delays.

“Some unruly elements are deploying unlawful modes merely to unsettle the assumed possession by the NHAI. Therefore, it is open to the NHAI to make a complaint before the police commissioner of the district concerned and on the said complaint, take necessary action and ensure that the encumbrance-free delivery of possession of the relevant tract of land,” the bench held.

The Bench held that if on the subsequent date of hearing, this court finds that any of the supra directions have been intentionally breached at the instance of the concerned, this court shall draw such appropriate action against the derelicting officer or official concerned.

The directions came three months after the bench ordered the Punjab chief secretary to ensure action within two months for handing over possession of the projects. As the matter came up for resumed hearing, the NHAI informed the bench through an affidavit that 268.52 km across 15 projects were pending possession as of August 30, 2024. It was reduced to 113.47 km by November 30, 2024.

But significant progress was not made thereafter. No less than 99.24 km was still pending, of which 78.42 km was encumbrance-free and could be handed over immediately. It was added that 5.44 km of land was taken back by landowners, particularly in Sangrur, Malerkotla, and Tarn Taran.

NHAI also highlighted an instance where a local villager in Tarn Taran was obstructing construction of a bridge pile, and repeated requests to the police had gone unheeded.