The Ministry of Law, Justice and Parliamentary Affairs has prepared a concept paper for a draft bill to establish an Infrastructure Tribunal. The proposal aims to create a specialized legal mechanism for resolving disputes related to infrastructure construction and development projects quickly, especially in cases involving contracts, land acquisition, compensation, right of way, environmental approval and project implementation.
The document says many development projects face long delays because disputes are taken to regular courts through writ petitions, where interim orders, ex-parte interim orders, heavy case backlog and delays in final judgments can stop project work for a long time. Such delays increase project costs, create time and cost overruns, and prevent citizens from receiving public services expected from development projects.
The proposed law seeks to create a tribunal with special jurisdiction and technical expertise, involving specialized judges and experts to decide infrastructure-related cases within three months. It also proposes principles such as “Work Continues”, use of escrow accounts for disputed payments, “No Clearance, No Tender”, a legal basis for Public Interest Test, and clear provisions for re-tendering long-stalled projects.
The concept paper also refers to international practices from India, Indonesia, Belgium, Australia and Singapore, where time-bound and specialized systems are used to resolve infrastructure and construction disputes. The proposed tribunal is expected to reduce court burden, speed up project implementation, improve accountability, and help prevent important development projects from being trapped in prolonged legal processes.