Bharatmala Pariyojana: Ensure encumbrance-free possession of land to NHAI, court directs Punjab DGP

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Chandigarh, October 21

The Punjab and Haryana High Court has directed the Director General of Police, Punjab, to ensure assistance as and when required by the National Highways Authority of India (NHAI) for getting encumbrance-free possession of land and to take action against cops who delay in providing support.

The high court also directed the competent authority to give notice, within a week of requisite compliances made by the NHAI, to the landowners for handing over the possession within 60 days and to seek police assistance in case of non-compliance of the notice.

A writ was filed by the NHAI against the awards in respect of land for Memmadpur (Ambala) to Banur (IT City) to Kharar (Chandigarh) corridor under the Bharatmala Pariyojana, averring that not only the awards are ante-dated by the competent authority but exorbitant awards were being given ignoring the statutory provisions.

The court, while giving liberty to the NHAI to approach the Chief Secretary in case of breach of request, directed the counsel for the NHAI, Chetan Mittal, to supply the list of uncompleted / pending projects to the official concerned, whereupon the Chief Secretary, shall direct the competent authority to take action within a week and ensure that encumbrance free possession is delivered within two months.

The court also suggested suitable amendments in the NHAI Act on the grounds that the procedure for arbitration under the NHAI Act was causing delay.

The court directed the NHAI to provide details of ante-dated awards to the Chief Secretary of Punjab and Haryana for taking suitable action against the officials concerned and further directed that lawful awards may be passed in accordance with the law.