HC seeks chief secy affidavit over NHAI’s ‘non-corporation’ claims
The Punjab and Haryana high court has taken a serious view of the National Highways Authority of India (NHAI) allegations that state authorities have failed to provide security to its staff and contractors as directed last year.
The Punjab and Haryana high court has taken a serious view of the National Highways Authority of India (NHAI) allegations that state authorities have failed to provide security to its staff and contractors as directed last year.
“The same (directions issued by the court) remain uncomplied, thereupon, it is argued by the learned Senior counsel for the applicants, that thereby a grave deterrence has arisen against the utilization of the subject land, which are put to valid acquisitions,” the bench of justice Sureshwar Thakur and justice Kuldeep Tiwari observed seeking an affidavit from the Punjab chief secretary, detailing about actions taken following court order of October 2023.
As per the NHAI, it needed security for taking physical possession of land of about 320 km in 38 national highway infrastructure projects in the state to ensure that the land could be delivered to the concessionaire (contractor) for the timely completion of the projects of public importance. It also sought directions that ₹3,699 crore, which is lying deposited with concerned land acquisition officers in various districts, be disbursed so that NHAI can take possession of the land. It also demanded that directions be issued for the completion of the land acquisition process of 845 hectares of land for various projects.
The NHAI counsel, senior advocate, Chetan Mittal had told the court about the problem being faced in respect of the 10 national highways with a total length of 391 km, where around ₹13,190 crores is involved.
NHAI could not proceed with the project by the appointed date as the same is dependent upon the minimum possession of 80% of the land. Further in the case of 26 ongoing national highway projects with a total length of 897 km, costing ₹34,193 crore, the appointed date was declared, however, even now 100% possession of the land has not been delivered, he informed the court.
NHAI cited one case in which during the month of November 2023 when a two km stretch was to be handed over to the contractor in the presence of SDM and police officials. The land owners and others, however, did not permit the contractor to carry out the work and no police help was provided and seven persons of technical staff of the contractor and NHAI were illegally detained and taken hostage, NHAI added.
Mittal had further informed that due to compelling circumstances few contracts have been cancelled and NHAI has been forced to pay 1% of the cost of the contract to the contractor on account of termination due to unavailability of the land acquired for which even awards have been passed and compensation has already been deposited. Fifty instances have been given where the award has been passed and an amount of ₹4,104 crores has been deposited, but, the award has not been released to the land owners, he informed the court.
Back in October 2023, the high court issued a slew of directions with regard to land acquisition in Punjab. The court had directed the director general of police (DGP) to ensure that, as and when police assistance is asked for, by the NHAI, same be given. It was also directed that action be taken against the cops who failed to follow the orders.
The government was also asked to expedite the land acquisition process and complete it in a time-bound manner. NHAI was told that it may approach the chief secretary against the officers not abiding by the directions. NHAI was also told to supply a list of uncompleted/pending projects to the chief secretary so that he can ensure the projects being undertaken are expedited. The chief secretary is to respond by August 23.