In a transfer aimed toward tackling delays and stopping value escalation within the building of nationwide freeway tasks, the Ministry of Highway Transport & Highways (MoRTH) has issued a directive mandating stringent adherence to the brand new deadlines for land acquisition, forest clearance, and wildlife clearance. The directive outlines particular actions and their mandated completion timelines.
The communication, dated Might 6, 2025, emphasizes that there’s an pressing requirement to synchronize the pre-construction actions with the mission approval, award, and the declaration of appointed dates. These new guidelines are set to be adopted for all Nationwide Freeway tasks for which tenders are scheduled to be issued ranging from June 1, 2025.
“…with a view to keep away from delays within the building of Nationwide Freeway tasks after award and forestall contractual disputes in addition to time and price overruns, there’s an pressing requirement to synchronize the mission approval, award and appointed date declaration actions with the milestones for land acquisition procedures and surroundings, forest and wildlife clearances,” reads the communication, addressed to prime officers together with the Director Common (Highway Improvement) and Particular Secretary, Roads Wing, MoRTH, the Chairmen of the Nationwide Highways Authority of India (NHAI) and the Nationwide Highways and Infrastructure Improvement Company Ltd. (NHIDCL) and so on.
Traditionally, delays in acquiring essential clearances or buying the required land after a mission has been awarded have been a significant contributor to mission slowdowns and elevated prices.
In keeping with the brand new directive, the method of Setting Clearance (EC), a basic requirement for main infrastructure tasks, should now start on approval of alignment and accomplished earlier than the receipt of bids for the tender.
Equally, Wildlife Clearance can also be mandated to be accomplished earlier than the receipt of bids. The method of forest clearance will start on approval of alignment and will likely be accomplished earlier than the problem of Letter of Award (LoA).
For Land Acquisition, usually probably the most advanced and time-consuming a part of the mission, the brand new milestones specify exact timings for key levels of the method beneath the Nationwide Highways Act, 1956. The notification beneath Part 3A of the Act, which signifies the intention to accumulate land, should be issued inside 60 days of the approval of the alignment of the freeway mission. The notification beneath part 3D of the act, which is declaration of acquisition, for over 90 % of the Proper of Approach (ROW) size or the size of the land reserved for the mission ought to be issued earlier than receipt of bids.
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Equally, the problem of award beneath Part 3G of the Act, which determines the compensation for the acquired land, should be accomplished for over 90 % of the ROW size earlier than the problem of the Letter of Award (LOA).
The directive additional mandates that possession of 90 % of the land reserved for the mission should be obtainable to the mission authorities submit award beneath Part 3G or the Nationwide Highways Act, 1956, on or earlier than the appointed date of the mission. This ensures that the contractor has entry to many of the website from the very starting of the development interval.
“Evaluation of worth and cost for constructions ought to be thought-about as an integral a part of the compensation cost on land acquisition for the aim of the above milestones,” reads the letter.
Other than environmental and land acquisition approvals, the directive additionally addresses the well timed clearances of different actions. Common Association Drawings (GAD) clearance from Railways and the Inland Waterways Authority of India (IWAI), the place relevant, should be accomplished earlier than the receipt of bids or earlier than the Invitation of bids, respectively.
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Equally, the estimates for Utility Shifting, which includes relocating present companies like energy strains, water pipes, or telecommunication cables, should even be finalized based mostly on draft feasibility and accomplished earlier than the receipt of bids.
In a written response in Lok Sabha on April 3, 2025, Minister of Highway Transport and Highways Nitin Gadkari stated that there are 683 ongoing tasks began since April 1, 2014, which have spilled past their authentic completion schedule, with out attaining any of the varied levels of mission completion.
He additional stated that the first causes for delay in NH tasks are points referring to land acquisition, statutory clearances, utility shifting, encroachment removing, regulation & order, monetary crunch of Contractor, poor efficiency of Contractor and drive majeure occasions.
“All delayed tasks don’t face value escalation. If delay is just not attributable to the Contractor, value escalation is paid as per contract circumstances, which can or could not end in further value, relying upon the ultimate worth of value escalation decided on precise completion of mission and closing settlement of payments. If delay is attributable to the Contractor, damages are imposed and there’s no further value as a consequence of delay,” stated Gadkari.