In an effort to expedite the land acquisition process for National Highway Authority of India (NHAI) projects, the High Court has issued a set of eight commandments to ensure promptness and efficiency. The court's guidelines aim to address delays and challenges faced during the acquisition process, ultimately benefiting infrastructure development in the region.
The High Court, acknowledging the significance of smooth land acquisition, emphasizes the first guideline as "no needless litigation." It urges both the NHAI and the government-appointed land acquisition collector to avoid unnecessary disputes and settle matters amicably whenever feasible.
The second commandment calls for timely issuance of notices to owners and encumbrancers, ensuring that they are aware of the scheduled proceedings and have ample opportunity to present their claims. Such transparency fosters a fair and just process while minimizing disputes.
Furthermore, the court mandates adhering to the timelines for submission of claims by aggrieved parties as per Section 3C of the National Highways Act, 1956 – allowing no extensions beyond the stipulated period. This guideline aims to prevent undue delays caused by prolonged claim submissions.
The fourth guideline addresses the issue of inadequate compensation. The court insists that both the NHAI and the collector must ensure fair and reasonable compensation settlements in line with market rates. Special care should be taken in calculating compensation for landowners to avoid disparities and subsequent disputes.
Another significant aspect highlighted in the guidelines focuses on the payment of compensation. The High Court stresses prompt and timely disbursal of compensation as per the provisions of the Act. This will alleviate financial burdens on landowners and facilitate a smooth transition process.
The sixth commandment underscores resolving any pending disputes related to ownership or rights before transferring the land to NHAI. Establishing clear ownership and rights ensures the legitimacy of land transfers, reducing complications during the acquisition process.
Additionally, the court instructs the NHAI to adhere to other statutory obligations such as obtaining necessary environmental clearances and securing the approval of competent authorities before initiating any project work. This ensures compliance with the law and protects the environment during infrastructure development.
Lastly, the High Court mandates that all projects undertaken by NHAI must strictly comply with the guidelines issued. The court will actively monitor the adherence to these commandments while hearing related cases, further emphasizing the importance of timely land acquisition for NHAI projects.
By enforcing these guidelines, the High Court aims to streamline the land acquisition process, minimize legal disputes, and expedite NHAI projects, thereby contributing to the overall development of infrastructure in the region.
