Ensure encumbrance-free land for NHAI: High Court tells Chief Secretary

The Punjab and Haryana High Court has directed the Punjab government to ensure the encumbrance-free possession of land for national highway projects, particularly the Delhi-Katra Expressway.  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 the State’s economy.

The Bench observed the National Highways Authority of India (NHAI) had deposited substantial amounts with the SDMs 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.

The directions came just about three months after the Bench directed 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 a specific instance where a local villager in Tarn Taran was obstructing construction of a bridge pile, and repeated requests to the police had gone unheeded. An affidavit filed by the Regional Officer brought these issues to the court’s notice, along with photographs depicting unruly elements attempting to seize land in police presence.

Taking a stern view, the High Court issued a series of directions, including non-disruption to projects of national importance. The court directed 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 added the courts handling relevant cases were required to pass orders ensuring the smooth handover of land. Directions were also issued for immediate police action against unlawful obstruction. The Police Commissioner and local authorities were directed to take immediate steps to protect possession, deploying armed police personnel and setting up pickets at construction sites, whenever NHAI filed a complaint

The Chief Secretary and the Advocate-General were also asked to ensure legal action against derelict police officials or administrative officers failing to enforce possession orders. District administration and police commissioners were directed to provide all logistical support for ongoing projects.

The court also warned that of appropriate action against delinquent officials on the next hearing scheduled for March 21 if any of its directives were intentionally breached.