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NATIONAL HIGHWAYS ACT, 1956

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S.48 of 1956 .

(48 of 1956)

[11th September, 1956]

An act to provide for the declaration of certain highways to be national highways and for matters connected therewith.

Be it enacted by Parliament in the Seventh Ye

S.1 Short tile, extent and commencement.

(1) This Act may be called the National Highways Act, 1956.

(2) It extends to the whole of India.

(3) It shall come into force on such date[1]

S.2 Declaration of certain highways to be national highways. -

(1) Each of the highways specified in the Schedule[1][***] is hereby declared to be a national highway.

(2) The Central Government may, by notification in the Official Gazette, declare any other highway to be a national highway and on the publication of such noti

S.3 Definitions

In this Act, unless the context otherwise required, -

(a) “competent authority” means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority for such area as may be specified in the notification;

(b) “land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth.


Legal Commentary on Section 3 of the National Highways Act, 1956

Introduction

Section 3 of the National Highways Act, 1956, is a foundational provision that authorizes the Central Government to acquire land for the development, maintenance, and expansion of national highways. It establishes the legal framework for land acquisition, defines the powers of competent authorities, and sets the procedural standards for notification, objection, and vesting of land. This section is central to understanding the statutory process of land acquisition under the Act and the scope of governmental powers in public interest projects related to national highways.

What Does Section 3 Say?

Section 3 primarily confers the power upon the Central Government to acquire land for national highway purposes. It includes provisions for:- Declaring land required for a public purpose (Section 3A).- Issuing notifications for acquisition.- Defining the role and powers of the competent authority.- The process of publication, objections, and finalization.- Vesting of land in the Government upon notification.- Regulation of traffic and use of land post-acquisition (Chapter VIII powers).

Essential Ingredients

  • Power to acquire land: The Central Government’s authority to notify and acquire land for public purpose.
  • Notification process: Publication of land details in newspapers and official gazettes.
  • Public purpose: Acquisition must serve a public purpose, primarily national highway development.
  • Objection and hearing: Interested parties can raise objections within prescribed timeframes.
  • Vesting of land: Once notified, land vests with the Government free from encumbrances.
  • Role of competent authority: Designated officials responsible for issuing notifications, hearing objections, and executing acquisition.
  • Finality of orders: Orders under certain sections, like 3A and 3C, are often final, with limited scope for review.
  • Dispute resolution: Provisions for reference to civil courts for disputes over compensation or entitlement.

Scope of Section 3

Section 3 encompasses the complete process of land acquisition for national highway projects, including:- Initiation through declaration under Section 3A.- Public notification and publication procedures.- Objection handling.- Vesting and possession transfer.- Regulation of traffic and land use after acquisition.- The section’s scope also extends to the powers of authorities to regulate traffic, impose penalties, and control diversion under Chapter VIII.- Judicial review is limited, as courts generally defer to technical and expert assessments in matters of project feasibility and public purpose.

Punishment for Section Violations

While Section 3 itself primarily deals with powers and procedures, violations such as illegal diversion, mischief, or injury to highways are punishable under other provisions of the Act, including penalties for mischief (Section 3 of the Act) or injury to national highways. The Act prescribes penalties for acts that render highways unsafe or cause damage, including fines and imprisonment.

Legal Comments

This concise legal commentary synthesizes the provisions, scope, essential ingredients, and judicial interpretations of Section 3 of the National Highways Act, 1956, along with relevant legal principles, remedies, and constitutional considerations, supported by the provided sources.

S.3A Power to acquire land, etc.

(1) Where the Central Government is satisfied that for a public purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land.

(2) Every notification under sub-section (1) shall be give a brief description of the land.

(3) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language.

S.3B Power to enter for survey, etc.

On the issue of a notification under sub- section (1) of section 3A, it shall be lawful for any person, authorised by the Central Government in this behalf, to -

(a) make any inspection, survey, measurement, valuation or enquiry;

(b) take levels;

(c) dig or bore into sub-soil;

S.3C Hearing of objection.

(1) Any person interested in the land may, within twenty-one days from the date of publication of the notification under sub-section (1) of section 3A, object to the use of the land for the purpose or purposes mentioned in that sub-section.

(2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in persons or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections.

S.3D Declaration of acquisition.

(1) Where no objection under sub-section (1) of section 3C has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under sub-section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land should be acquired to the purpose or purposes mentioned in sub-section (1) of section 3A.

(2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances.

S.3E Power to take possession.

(1) Where any land has vested in the Central Government under sub-section (2) of section 3D, and the amount determined by the competent authority under section 3G with respect to such land has been deposited under sub-section (1) of section 3H, with the competent authority by the Central Government, the competent authority may by notice in writing direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof to the competent authority or any persons duly authorised by it in this behalf within sixty days of the service of the notice.

(2) If any person refuses or fails to comply with any direction made under sub-section (1), the compe

S.3F Right to enter into the land where land has vested in the Central Government.

Where the land has vested in the Central Government under section 3D, it shall be lawful for any person authorised by the Central Government in this behalf, to enter and do other act necessary upon the land for carrying out the building, maintenance, management or operation of a national highway or a part thereof, or any other work connected therewith.


S.3G Determination of amount payable as compensation.

(1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.

(2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent of the amount determined under subsection (1), for that land.

(3) Before proceeding to d

S.3H Deposit and payment of amount.

(1) The amount determined under section 3G shall be deposited by theCentral Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority before taking possession of the land.

(2) As soon as may be after the amount has been deposited under sub- section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto.

(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent

National Highways Act, 1956 – Section 3H: Legal Commentary

Introduction

Section 3H of the National Highways Act, 1956, governs the deposit and payment of compensation amount determined under Section 3G for land acquired for national highway purposes. It establishes a statutory framework ensuring that compensation is properly deposited, disbursed, and, where disputes arise, referred to the appropriate civil court for adjudication.

What Does Section 3H Say?

Section 3H(1) mandates that the Central Government deposit the compensation amount determined under Section 3G with the competent authority before taking possession of the land. Sub-section (2) requires the competent authority to pay the amount to the entitled person(s) as soon as possible. Sub-section (3) empowers the competent authority to determine the persons entitled to receive the amount when multiple parties claim interest. Sub-section (4) provides that if any dispute arises regarding the apportionment of compensation or entitlement, the competent authority must refer the dispute to the Principal Civil Court of original jurisdiction. Sub-section (5) deals with interest on excess amounts determined by an arbitrator, and sub-section (6) ensures the excess amount and interest are deposited and disbursed following the same procedure.

Essential Ingredients

  • Deposit of Amount: The Central Government must deposit the determined compensation with the competent authority before taking possession of the land [Section 3H(1)].
  • Payment to Entitled Persons: The competent authority must pay the compensation to the person or persons entitled thereto [Section 3H(2)].
  • Determination of Entitlement: Where several persons claim interest, the competent authority determines the entitled persons [Section 3H(3)].
  • Reference to Civil Court: If a dispute arises regarding apportionment or entitlement, the competent authority must refer the dispute to the Principal Civil Court of original jurisdiction [Section 3H(4)].
  • Interest on Excess Amount: The arbitrator may award interest on excess compensation determined under Section 3G [Section 3H(5)].
  • Deposit of Excess Amount: The excess amount with interest must be deposited by the Central Government with the competent authority, and the provisions of sub-sections (2) to (4) apply [Section 3H(6)].

Scope of Section

Section 3H applies to all land acquisitions under the National Highways Act, 1956, where compensation is determined under Section 3G. The scope of the section extends to:- Disputes regarding apportionment of compensation among multiple claimants.- Disputes regarding entitlement to compensation, including challenges to title or ownership.- The competent authority's duty to determine entitlement and refer genuine disputes to the civil court.- The section does not apply to mere challenges of title deeds that can be raised in a separate civil suit, unless the title is directly impeached in the proceedings before the competent authority.

Punishment for Section

The sources indicate that violations under the National Highways Act, 1956, including non-compliance with Section 3H, may attract imprisonment for a term which may extend to five years, or with a fine, or both. Specific penalties for non-compliance with Section 3H(1) deposit requirements may include a penalty not less than ten lakh rupees, but may extend to one crore [Source: ].

Legal Comments

S.3I Competent authority to have certain powers of civil court.

The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) reception of evidence of affidavi

S.3J Land Acquisition Act 1 of 1894 not to apply.

Nothing in the Land Acquisition Act, 1894 shall apply to an acquisition under this Act.]

COMMENTS

If any land is acquired under the provisions of this Act then nothing in the Land Acquisition Act, 1894 (1 of 1894) shall apply.


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S.4 National highways to vest in the Union.

All national highways shall vest in the Union, and for the purposes of this Act “highways” include -

i) all lands appurtenant thereto, whether demarcated or not;

ii) all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on or across such highways; and

iii) all fences, trees, posts and boundary, furling and milestones of such highways or any land appurtenant to

S.5 Responsibility for development and maintenance of national highways.

It shall be the Central Government to develop and maintain in proper repair all national highways; but the Central Government may, by notification in the Official Gazette, direct that any function in relation to the development or maintenance of any national highway shall, subject to such conditions, if any, as may be specified in the notification, also be exercisable by the Government of the State within which the national highway is situated or by any officer or authority subordinate to the Central Government or to the State Government.

COMMENTS

The Central Government may give directions to the Government of any State as to the carrying out in the State of any of the provisions of this Act or of any rule, notification or order made thereunder.


S.7 Fees for services or benefits rendered on national highways.

(1) The Central Government may, by notification in the Official Gazette, levy fees at such rates as may be laid down by rules made in this behalf for services or benefits rendered in relation to the use of ferries, [1][permanent bridges the cost of construction of each of which is more than rupees twenty - five lakh and which are opened to traffic on or after the 1st day of April, 1976,] temporary bridges and

S.8A Power of Central Government to enter into agreements for development and maintenance of national highways.

(1) Notwithstanding anything contained in this Act, the Central Government may enter into an agreement with any person in relation to the development and maintenance of the whole or any part of a national highway.

(2) Notwithstanding anything contained in section 7, the person referred to in sub- section (1) is entitled to collect and retain fees at such rate, for services or benefits rendered by him as the Central Government may, by notification in the Official Gazette, specify having regard to the expenditure involved in building, maintenance, management and operation of the whole or part of such national highway, interest on the capital invested, reasonable return, the volume of traffic and t

S.8B Punishment for mischief by injury to national highway.

Whoever commits mischief by doing any act which renders or which he knows to be likely to render any national highway referred to in sub-section (1) of section 8A impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with a fine, or with both].


S.9 Power to make rules.

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-

(a) the manner in which, and the conditions subject to which, any function in relation to the development or maintenance of a national highway or any part thereof may be exercised by the State Government or any officer or authority subordinate to the Central Government

S.10 Paying of notifications, rules, etc., before Parliament.

All notifications or agreements issued or entered into under this Act shall be laid before both Houses of Parliament as soon as may be after they are issued or entered into [***]


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