The Punjab & Haryana High Court has issued strong directions to the Punjab Government to ensure that the National Highways Authority of India (NHAI) receives encumbrance-free possession of land required for critical infrastructure projects, including the Delhi-Amritsar-Katra Expressway.
A division bench comprising Justice Sureshwar Thakur and Justice Kuldeep Tiwari directed that:
"All concerned are directed to ensure that encumbrance-free delivery of possession of the relevant tract(s) of land(s) becomes made to the NHAI, so that expeditious execution of works can be undertaken."
In response to earlier orders, various Deputy Commissioners and Senior Superintendents of Police from districts across Punjab filed affidavits updating the court about the current status of land possession and the obstructions being faced.
Deputy Commissioner Sandeep Rishi reported that farmers obstructed work on a 70-meter stretch in Jhaneri village due to lack of approach roads and dissatisfaction with compensation. The court granted two weeks to resolve the issue:
“With the issuance of Section 3D Notification for the approach road, the issue of obstructions will be resolved.”
DC Viraj Shayamkarn Tidke stated that while some issues were resolved, construction faced resistance from Kissan Unions. A 20-day deadline was granted to remove hindrances.
“Reference has been sent to the court under Section 3H(4) of the National Highways Act due to disputes regarding compensation.”
Deputy Commissioner Rahul and SSP Abhimanyu Rana reported delays due to ripe wheat crops. The court allowed time till 3rd May 2025 for complete handover.
“Six weeks’ time is prayed to hand over complete physical possession of acquired land.”
Deputy Commissioner Dalwinderjit Singh informed that out of 8.32 km in Package-11, only 1.85 km is free from hindrances. Delays are caused by ongoing partition disputes and standing crops.
“All possible assistance shall be provided to NHAI for smooth functioning of the project.”
DC Himanshu Jain mentioned that only three projects have partial pending possession due to disputes over compensation and illegal occupancy. Possession is to be granted post-harvest and after resolving resistance from farmers.
“Possession will be delivered by the District Administration as and when required by NHAI.”
Deputy Commissioner Himanshu Aggarwal stated that most land has been handed over, and the remaining will be transferred by 30th April 2025 after crop harvesting.
“The deponent has taken necessary steps and remains committed to fulfilling his duty in accordance with law.”
A small 80-meter stretch is pending due to a Mint Plant and resistance from the owner. The court granted four weeks for clearance.
“Directions were issued to ensure the pending possession is handed over expeditiously after following due process.”
Deputy Commissioner Sakshi Sawhney detailed significant progress. Major possession drives have been conducted with police help, and disputes are being actively addressed:
“A massive possession drive was held on 1.04.2025, and possession was successfully delivered to NHAI.”
In addition:
- FIR No. 0027 was registered under BNS, 2023 for obstruction.
- Partition-related court cases have been shifted to CALAs for quicker resolution.
- An SOP was issued directing SHOs to resolve contractor issues within 30 minutes.
DC Sagar Setia reported over 98% possession completion, with just 1.84 km pending. The court set a target date of 30th April 2025 for full clearance.
“100% encumbrance-free possession will be delivered subject to necessary approvals by NHAI.”
DC Amarpreet Kaur Sandhu reported 1.77 km pending due to “Gair Marusi” occupants at Pakka Seed Farm. Negotiations are ongoing, and police help will be used post-Rabi crop.
“Possession will be taken after crop harvesting if not vacated voluntarily.”
Deputy Commissioner T. Benith outlined multiple meetings with farmer unions. Constant efforts are being made to ensure smooth operations.
“The landowners were personally appealed to receive compensation and allow unhindered work.”
The court was informed by DC Showkat Ahmad Parray that there are no pending land possession issues.
“No pending issue is left with respect to possession of land in District Bathinda.”
For Hoshiarpur, Sri Muktsar Sahib, and another project in Gurdaspur, the court noted that there are no pending possession issues.
The Court reiterated its earlier observations that infrastructure projects of national importance should not be delayed due to administrative inertia. Referring to its own decision in CWP No. 19799 of 2023 (Sohan Lal & Others vs. Union of India & Others), the court had declared Section 3(g) of the National Highways Act, 1956 invalid.
“The remedy for enhancement of compensation, in terms of the decision in Tarsem Singh’s case (2019), be canvassed before this Court.”
The court clarified that:
“The pendency of arbitration proceedings may not be a valid deterrent... nor shall work be obstructed.”
It further instructed:
“Collectors must pronounce awards in respect of structures and ensure these are freed from unlawful occupation.”
The Court concluded with a firm order:
“All concerned must ensure that encumbrance-free possession is delivered to NHAI.”
The matter is now listed for the next hearing on May 5, 2025, and all authorities are expected to submit updated status reports before this date.
The matter is listed for May 05, for further consideration.
Mr. Chetan Mittal, Senior Advocate assisted by Mr. R.S. Madaan, Advocate
Mr. Mayank Aggarwal, Advocate and Mr. Mahender Joshi, Advocate for the applicant/NHAI.
Mr. C.S. Bagri, Advocate and Dr. Gurjit Kaur Jassar Bagri, Advocate for the applicants in (CM-5185-CWP-2025).
Mr. Maninder Singh, Sr. DAG, Punjab.
Title: NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANR. VS. STATE OF PUNJAB AND ORS.
