NEW DELHI: Supreme Court’s ruling that creating third-party rights through private agreements in land parcels after acquisition is illegal is likely to provide a big boost to govt entities executing infrastructure projects in the highway, railways, irrigation and power sectors.
Delay in land acquisition has been one of the biggest reasons for time and cost overruns of infrastructure projects. The process becomes more complex and time-taking when matters reach courts after landowners create third-party rights or all affected parties seek rehabilitation. The issue of land acquisition getting stuck or delayed has been flagged in several govt reports and even at the Pragati meetings chaired by PM Narendra Modi.
“Once the land acquisition issue is resolved, projects can be put on fast-track mode. Most highway projects delayed or stuck are due to land acquisition and forest clearance issues,” said a senior official in an infrastructure ministry.
In fact, the road transport ministry, which acquires maximum land among all govt entities, has proposed amending the National Highways Act, specifying a provision that no one will be allowed to make any transaction or create any encumbrance on land from the date of publication of notification till the process is complete.
In fact, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, says, “No person shall make any transaction or cause any transaction of land specified in the preliminary notification or create any encumbrances on such land from the date of publication of such notification till such time as the proceedings are completed.”
An official said, “Some of the proposed amendments to the NH Act have been made to align it with the Right to Fair Compensation Act. The SC order will further help in faster acquisition of land.”
