Specific Relief Act (SRA)
The Schedule to the Specific Relief Act: A Complete Note
The 2018 Amendment protects infrastructure projects from delay: Section 20A bars an injunction that would hold one up, Section 41(ha) restates that bar, and Sections 20B and 20C add special courts and a twelve-month timeline. All of this hangs on one definition: what is an infrastructure project? The answer is the Schedule to the Act, which lists the qualifying categories and sub-sectors. This note sets out the Schedule in full and explains why falling within it matters.
Figure: The five categories of the Schedule with their sub-sectors, and why falling within the Schedule matters
1. Why the Schedule Matters
What turns on the definition ▪ The injunction bar. A project within the Schedule attracts Section 20A and Section 41(ha): no court may grant an injunction that would impede or delay it, or interfere with the related facility or service. ▪ Special courts and a timeline. Suits on contracts relating to such projects go before the Special Courts designated under Section 20B, and must be disposed of within twelve months under Section 20C. ▪ A living list. The Central Government may, by notification, amend the Schedule, so the categories can be added to as new kinds of infrastructure emerge. |
2. Transport Infrastructure
- Roads and bridges; ports and shipyards; inland waterways; airports.
- Railways: tracks, tunnels, viaducts, bridges and terminal infrastructure.**
- Urban public transport, other than realty projects for a metropolitan area.
3. Energy Infrastructure
- Electricity: generation, transmission and distribution.**
- Oil and gas: oil pipelines; oil, gas and liquefied natural gas storage facilities; gas pipelines and city gas distribution networks.
4. Water and Sanitation
- Solid waste management; water supply pipelines; water treatment plants.
- Sewage collection, treatment and disposal; irrigation (dams, channels, embankments); storm-water drainage; slurry pipelines.
5. Communication Infrastructure
- Telecommunication: networks (fixed and mobile); towers; and telecommunication and telecom services.
6. Social and Commercial Infrastructure
- Education institutions and sports infrastructure; hospitals and medical colleges; tourism infrastructure.
- Industrial parks and special economic zone infrastructure; post-harvest storage, cold storage and cold-chain, and terminal markets; soil-testing laboratories; and affordable housing.
7. Frequently Asked Questions
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.
Q. Why does it matter whether a project is in the Schedule?
A. Because a project within the Schedule attracts the injunction bar in Sections 20A and 41(ha), the special courts under Section 20B, and the twelve-month timeline under Section 20C.
Q. Is affordable housing an infrastructure project?
A. Yes. Affordable housing is listed under the social and commercial infrastructure category of the Schedule.
Q. Can the Schedule be changed?
A. Yes. The Central Government may amend the Schedule by notification, so the categories of infrastructure project can be added to over time.
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