Supreme Court weighs special benches as government pushes infrastructure tribunal

Nepal's ambitious infrastructure development is being severely hampered by protracted delays, with projects frequently exceeding their planned timelines by substantial margins. The Nagdhunga–Naubise–Mugling road, a critical transport link, took 35 months for land acquisition alone, far exceeding its schedule. Similarly, the Tribhuvan International Airport improvement project suffered multi-year delays, leading to contract termination and extensive legal battles.

These delays are not isolated incidents but a systemic issue plaguing major infrastructure projects across the country. Common culprits include ongoing court cases, interim court orders, land acquisition disputes, compensation disagreements, funding shortfalls, and contract conflicts. A World Bank report highlights the severity of the problem, estimating that 17 National Pride Projects could take as long as 41 years to complete, a timeline that spans nearly a generation. Many projects initiated decades ago remain unfinished, escalating costs and casting doubt on their eventual completion.

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given the multiple complications stemming from legal and funding issues, completing 17 National Pride Projects could take 41 years.

In response, Prime Minister Balendra Shah's government proposed establishing a dedicated tribunal to handle infrastructure-related disputes and accelerate their resolution. This proposal has reached the Supreme Court for deliberation. However, a majority of judges participating in a recent full court discussion favored creating specialized benches within existing high courts rather than a separate tribunal. This approach, similar to existing commercial benches, would also include a specialized infrastructure bench at the Supreme Court for appeals. The Chief Justice is awaiting final consolidation of these suggestions before providing the government with the court's opinion.

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most judges participating in the discussion favoured creating specialised infrastructure benches at the high courts rather than setting up a separate tribunal.