New National Highway Authority of India (NHAI) guidelines making forest clearance and acquisition of minimum quantum of land

mandatory before inviting bids is delaying road projects to be executed in the public-private partnership mode. As per the guidelines, a project will be cleared for tendering only after the authorities concerned complete the process of acquisition under Section 3(A) of the National Highways Act and acquire at least 60 per cent of the land under Section 3(D) of the Act. Prior clearance for diversion of forest land will also have to be obtained from the Union Ministry of Environment and Forests. Even after inviting tenders and the awarding of the contract, the site will not be handed over until 80 per cent of the land has been acquired and environment clearance obtained. Environment clearance is granted after the case for forest clearance is submitted to the Union ministry. The authorities will not be able to start the tendering process on the basis of in-principle approval for forest clearance which enables them to pursue the process of acquisition side by side. The public-private partnership committee, which clears projects for inviting bids, rejected the case of the Rs 2,600-crore Parwanoo-Shimla four-laning project last month as conditions regarding land acquisition and forest clearance as per the new guidelines had not been met. The case for forest clearance has not been sent to the Union ministry so far and only 46 hectare of the 221 hectare required for the project have been acquired. NHAI Project Director Satish Kaul said the case for diversion of forest land for the Parwanoo-Solan stretch would be sent shortly, but it would take a long time for the Solan-Shimla stretch which was included in the project later. The process for land acquisition for the portion is underway and the proposal for inviting bids will be submitted afresh after obtaining forest clearance and more land acquisition.

Work could not be started on the Rs 1,818-crore Kiratpur-Ner Chowk four-laning project as 80 per cent of the land could not be acquired and environment clearance was also pending. The contract was awarded more than a year ago. In the past, work used to be started after getting approval in principle and the process of land acquisition was pursued after the awarding of the contract. The NHAI authorities issued the new guidelines to prevent delay after the awarding of the contract which lead to financial implications and litigation later. Protracted land acquisition and environment clearance have been the main reasons for the delay.