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This is an archive article published on December 5, 1997

Bill to check landowners from blocking roadwork

MUMBAI, Dec 4: In a significant move to ensure speedy completion and timely repair of several roads, the State Government is planning to in...

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MUMBAI, Dec 4: In a significant move to ensure speedy completion and timely repair of several roads, the State Government is planning to introduce a comprehensive legislation prohibiting aggrieved landowners from stalling work over disputes in payment of compensation for the land acquired for such projects. Explaining the government’s stand on the issue, Public Works Minister Nitin Gadkari told The Indian Express, “it is essential to bring in such a legislation as it was found that in number of cases, owners of acquired land obtain injunctions from the court on the entire projects over disputes regarding compensation.

In such cases, we feel that the litigations should be limited only for the purpose of reconsidering the compensation and not for stalling the entire project,” he rationalised.

Once a land is finally acquired for a project in public interest, land owner will not be able obtain injunction on the project itself and instead could challenge the compensation package, he clarified.

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Justifying the proposed Bill, the Minister said, it was found just one landowner could stall the entire project. “Either we will introduce a new Bill or amend the Bombay Highway Act of 1958 to tackle such a situation, during the winter session of the State Legislature,” Gadkari added.

“After the new Bill is passed, a declaration by the Govt under the Land Acquisition Act or the Bombay Highway Act would not be called in question in any court or by any other authority,” he informed.

Moreover, at present, the Bombay Highway Act is applicable only to State highways. It has now been proposed to bring in all the roads in the State under the proposed legislation. The minister said at a juncture when the govt has embarked on a massive road and flyover construction programme through private sector participation, it should not be halted owing to small disputes.

“We are taking up projects worth Rs 3800 crore in the current year through private sector participation. It is essential that all these projects are completed in time without any hurdles,” he said.

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Elaborating his contention, Gadkari said as per the agreement reached between the govt and entrepreneurs, it will be the govt’s responsibility to acquire the land for a project. “We have also introduced the clause of penalty for delay in the project. Under the circumstances, it becomes our responsibility to ensure that acquired land is handed over to the entrepreneurs, he added. Gadkari said it has been proposed to appoint arbitrators to settle the disputes over payment of compensation. “If the amount determined by the competent authority is not acceptable to the landowner, it shall then be determined by arbitrator appointed by the State Govt,” Gadkari said.

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