Specific Relief Act (SRA)
Infrastructure Project Contracts: Sections 20A to 20C
A stalled road, port or power project is costly to the public, not merely to the parties. The 2018 Amendment added a special regime for infrastructure contracts to keep such projects moving. Section 20A bars injunctions that would delay a project; Section 20B lets the State designate special courts to try infrastructure suits; and Section 20C fixes a firm timeline for their disposal. The projects that qualify are listed in a new Schedule to the Act. This note explains the three sections and the categories in the Schedule.
Figure: Sections 20A to 20C: no injunction against a project, special courts, a twelve-month timeline, and the Schedule categories
1. Section 20A: No Injunction Against an Infrastructure Project
The bar on injunctions ▪ The rule. No court shall grant an injunction in a suit under the Act where it would cause an impediment or delay in the progress or completion of an infrastructure project, or interfere with the continued provision of the related facility or service. ▪ Infrastructure project. The term means the categories of projects and infrastructure sub-sectors specified in the Schedule to the Act. ▪ A living list. The Central Government may, by notification, amend the Schedule relating to any category of projects or infrastructure sub-sectors. |
2. Section 20B: Special Courts
Designating special courts ▪ The power. The State Government, in consultation with the Chief Justice of the High Court, may designate one or more Civil Courts as Special Courts. ▪ Their jurisdiction. To try suits in respect of contracts relating to infrastructure projects. ▪ The object. Concentrating such suits in designated courts builds expertise and speeds their disposal. |
3. Section 20C: Expeditious Disposal
The timeline ▪ Twelve months. A suit filed under the Act shall be disposed of within twelve months from the date of service of summons on the defendant. ▪ Extension. The court may extend the period, but by not more than a further six months in total, and only after recording its reasons in writing. ▪ Tighter than the ordinary rule. The fixed timeline is stricter than the general practice under the Code of Civil Procedure, and reflects the urgency of infrastructure disputes. |
4. The Schedule: Categories of Infrastructure Project
Category | Examples within the Schedule |
|---|---|
Transport | Roads and bridges, ports, shipyards, inland waterways, airports, railways, urban public transport |
Energy | Electricity generation, transmission and distribution, oil and gas pipelines, storage of oil, gas and LNG |
Water and sanitation | Water supply and treatment, solid waste management, sewage and drainage, irrigation, storm-water drainage |
Communication | Telecommunication services, telecom towers, and telecom and network infrastructure |
Social and commercial | Education institutions, hospitals, sports and tourism, industrial parks, cold chain, affordable housing |
5. Why the Regime Matters
i. Projects over injunctions. Section 20A shifts the balance: a party's private grievance cannot be allowed to hold up a public project; the remedy lies in damages or performance, not in stopping the work.
ii. Speed with expertise. Sections 20B and 20C pair specialised courts with a firm timetable, so that infrastructure disputes are resolved without the delay that would defeat their purpose.
iii. A flexible Schedule. Because the Central Government can amend the Schedule, the regime can keep pace with new kinds of infrastructure as they emerge.
6. Frequently Asked Questions
Q. Can a court injunct an infrastructure project?
A. No. Under Section 20A, no court shall grant an injunction that would cause an impediment or delay in the progress or completion of an infrastructure project, or interfere with the related facility or service.
Q. What is an infrastructure project under the Act?
A. It means the categories of projects and infrastructure sub-sectors specified in the Schedule to the Act, covering transport, energy, water and sanitation, communication, and social and commercial infrastructure, which the Central Government may amend.
Q. Who designates special courts, and for what?
A. The State Government, in consultation with the Chief Justice of the High Court, may designate Civil Courts as Special Courts under Section 20B to try suits on contracts relating to infrastructure projects.
Q. How quickly must an infrastructure suit be decided?
A. Under Section 20C, within twelve months of service of summons, extendable by not more than a further six months, and only for reasons recorded in writing.
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