Code: Section 20A Specific Relief Act
20A. Special Provisions for Contracts Relating to Infrastructure Projects
(1) No injunction shall be granted by a court in a suit under this Act involving a contract relating to an infrastructure project specified in the Schedule, where granting an injunction would cause impediment or delay in the progress or completion of such infrastructure project.
Explanation: For the purposes of this section, section 20B and clause (ha) of section 41, the expression “infrastructure project” means the category of projects and infrastructure sub-sectors specified in the Schedule.
(2) The Central Government may, depending upon the requirement for development of infrastructure projects, and if it considers necessary or expedient to do so, by notification in the Official Gazette, amend the Schedule relating to any category of projects or infrastructure sub-sectors.
(3) Every notification issued under this Act by the Central Government shall be laid, as soon as may be after it is issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.
Explanation of Section 20A Specific Relief Act
Section 20A introduces special provisions regarding the granting of injunctions in contracts involving infrastructure projects. Under this section, courts are restricted from granting an injunction if such a ruling would impede or delay the progress or completion of infrastructure projects listed in the Schedule. This section aims to ensure that legal disputes do not disrupt critical infrastructure development.
Key Provisions:
- No Injunction in Infrastructure Contracts: If the contract involves an infrastructure project, injunctions cannot be granted if they will cause delays in the project’s progress or completion.
- Central Government Notification: The Central Government has the authority to modify the Schedule of infrastructure projects that may be impacted by injunctions. This allows the government to adjust the categories of projects that benefit from these provisions.
- Parliament’s Role: Any notifications made by the Central Government must be laid before Parliament for review. If Parliament agrees to modify or annul the notification, the modification will take effect.
Illustration
Example 1: Granting of Injunction in Infrastructure Project
A construction company is building a highway, and a supplier is involved in a legal dispute over the delivery of materials. The supplier seeks an injunction to halt the construction. Under Section 20A, if granting this injunction would delay the project, the court would not allow it, ensuring that the construction continues without disruption.
Example 2: Amendments to Infrastructure Categories
The government identifies that the development of smart cities is critical for national progress. Consequently, the Central Government may issue a notification to include such projects in the infrastructure category under Section 20A, ensuring that legal actions do not impede their timely development.
Common Questions and Answers on Section 20A Specific Relief Act
1. Can an injunction be granted in any case involving infrastructure projects?
- Answer: No. Under Section 20A, injunctions cannot be granted if they would delay or impede the progress of infrastructure projects listed in the Schedule.
2. What qualifies as an “infrastructure project”?
- Answer: An infrastructure project is defined in the Schedule, which includes categories of projects such as highways, airports, and other critical infrastructure. The Central Government can amend the Schedule to add or modify these categories.
3. Can the government change the list of infrastructure projects?
- Answer: Yes. The Central Government can amend the Schedule of infrastructure projects by issuing notifications. These notifications must be reviewed by Parliament before they can take effect.
4. What happens if Parliament disagrees with the government’s notification?
- Answer: If both Houses of Parliament agree to modify or annul the notification, the notification will be adjusted accordingly or become ineffective. However, any actions already taken under the notification will remain valid.
Conclusion
Section 20A of the Specific Relief Act ensures that infrastructure projects are not hindered by legal actions, particularly injunctions, which could delay or impede their completion. It provides the Central Government with the flexibility to amend the Schedule of infrastructure projects and requires Parliament to review any changes. This framework facilitates the smooth and timely development of critical national infrastructure.
