NATIONAL HIGHWAYS ACT, 1956

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

Power to acquire land - Section 3 confers a statutory authority on the Central Government to acquire land for public purpose, specifically for national highways - [Sources: "Bluepark Seafoods VS District Collector, Krishna District", "T. Yunis VS National Highways Authority of India"]
Notification process - The process involves publication in newspapers and official gazettes, which is mandatory for valid acquisition - [Sources: "The General Manager (Tech. ) and Project Director, National Highways Authority of India VS Sridevi & Others", "V. Nandakumar & Others VS Union of India Rep. by its Secretary Ministry of Road Transport and Highways New Delhi & Others"]
Public purpose requirement - Acquisition under Section 3 is valid only if it serves a public purpose such as highway development, emphasizing the necessity of public interest - [Sources: "V. Nandakumar & Others VS Union of India Rep. by its Secretary Ministry of Road Transport and Highways New Delhi & Others", "Jaidevi Verma VS National Highway Authority of India"]
Objection period - Interested parties must raise objections within prescribed timeframes; failure to do so can result in the validity of notifications - [Sources: "02100061233", "KRISHNA GOPAL VS UNION OF INDIA"]
Vesting of land - Once notified, land vests with the Government free from encumbrances, transferring ownership for purpose of development - [Sources: "The General Manager (Tech. ) and Project Director, National Highways Authority of India VS Sridevi & Others", "GURUDWARA COMMITTEE, CHAKERI VS UNION OF INDIA"]
Role of competent authority - The designated authority under Section 3 is empowered to issue notifications, hear objections, and execute acquisition, with decisions often being final - [Sources: "Bluepark Seafoods VS District Collector, Krishna District", "GURUDWARA COMMITTEE CHAKERI AERODRUM VS UNION OF INDIA"]
Finality of orders - Orders under Sections 3A, 3C, and 3D are generally final; courts show limited scope for interference unless procedural irregularities are evident - [Sources: "National Highways Authority of India Project Implementation Unit VS Udaykumar s/o Basappa Neglur", "The Project Director, National Highways Authority vs S.K. Surendran"]
Dispute resolution - Disputes over compensation or entitlement are to be referred to civil courts, typically the Principal Civil Court, highlighting the statutory mechanism for redress - [Sources: "D. Kannan VS The Director of Planning, National Highways Authority of India & Others", "Bisheswar Mahto VS State of Jharkhand"]
Judicial review - Courts recognize their limited review scope, mainly ensuring procedural compliance rather than substituting technical judgments - [Sources: "T. Yunis VS National Highways Authority of India", "Jaidevi Verma VS National Highway Authority of India"]
Constitutional validity - Provisions relating to compensation, solatium, and interest under Section 3 of the Act have faced constitutional scrutiny; courts uphold fair compensation principles - [Sources: "Dilipbhai Kashiram Valvi vs Union Of India", "Unnikrishnan S/o Rajagopalan VS Arbitrator (District Collector), Thrissur"]
Limitations and timeframes - No specific limitation period is prescribed for invoking Section 3G(5), but courts have applied Article 137 of Limitation Act, with a general period of 3 years from the right to apply - [Sources: "T. Yunis VS National Highways Authority of India"]
Compensation and valuation - Valuation of land and structures is primarily undertaken by Arbitrators, with courts emphasizing fair market value based on comparable sales - [Sources: "A. Ismail Sait VS Competent Authority Land Acquisition and Special District Revenue Officer National Highways [NH-45] Villupuram District", "National Highways Authority of India (herein after referred as N. H. A. I. ) through its Project Director, (the competent authority on behalf of ‘N. H. A. I. ’), Project Implementation Unit (herein after referred as ‘P. I. U. ’) Patna, House No. D-63, Rajesh Kumar Path, Sri Krishnapuri, Patna VS The State of Bihar through District Land Acquisition Officer, Patna"]
Legal remedies - Challenges to awards or notifications are generally to be filed before civil courts or arbitration tribunals; writ petitions are dismissed if statutory remedies are available - [Sources: "Shanti Kunwar W/o Mahadeo Vishwakarma VS State of Bihar", "N. K. Parameswaran VS Union of India, With Address For Service-Ministry Of Road Transport And Highways, Department Of Road Transport And Highways, New Delhi"]
Constitutional protections - The Supreme Court has held that denial of solatium and interest violates constitutional rights under Articles 14 and 21, rendering such provisions unconstitutional - [Sources: "Dilipbhai Kashiram Valvi vs Union Of India"]
Technical expertise - Courts defer to technical and expert assessments in project feasibility, alignment, and traffic regulation, limiting judicial interference - [Sources: "H. Gopalakrishna Shetty VS Ministry of Transport and National Highway", "Vivek Sharma S/o Late Shri Panny Lal VS Union of India through its Secretary"]
Penalty provisions - Acts of mischief or injury to highways are punishable under relevant penal provisions, ensuring enforcement against unlawful acts - [Sources: ""]
Enforcement of arbitral awards - Statutory remedies under Section 36 of the Arbitration and Conciliation Act are available for enforcement, and courts do not entertain writ petitions for enforcement of awards - [Sources: "01800038588"]
Finality and res judicata - Once an award is passed and not challenged within time, it is final; courts uphold the principle of finality to prevent multiplicity of proceedings - [Sources: "G. Arockia Raj vs District Collector Dindigul District.", "Hoti Lal VS Jitendra Kumar A. D. M. Fandr"]
Land categorization and compensation - Discrepancies in land categorization (e.g., agricultural vs. non-agricultural) can lead to supplementary awards, but initial classification is often upheld unless proven erroneous - [Sources: "Hardip Singh VS The Union Of India & Ors. "]
Landowner's right to establish possession - Claimants must establish continuous possession and entitlement to claim compensation; mere notification is insufficient - [Sources: "Bisheswar Mahto VS State of Jharkhand"]
Legality of amendments - Amendments that deny fair compensation or restrict rights, such as those excluding solatium or interest, have been declared unconstitutional for violating constitutional protections - [Sources: "Dilipbhai Kashiram Valvi vs Union Of India"]
Procedural irregularities - Courts scrutinize procedural compliance strictly; irregularities in notification, publication, or objection handling can invalidate acquisition - [Sources: "M. Jamaludeen VS District Collector"]
Limitations on judicial review - Courts recognize their limited role in technical matters like project feasibility, traffic regulation, and alignment, leaving such issues to experts - [Sources: "Bluepark Seafoods VS District Collector, Krishna District", "H. Gopalakrishna Shetty VS Ministry of Transport and National Highway"]
Dispute over compensation - Disputes over quantum are to be adjudicated by arbitrators or civil courts; courts are reluctant to interfere unless there is patent illegality or violation of principles of natural justice - [Sources: "Tulsarani VS Union Of India", "National Highways Authority of India (herein after referred as N. H. A. I. ) through its Project Director, (the competent authority on behalf of ‘N. H. A. I. ’), Project Implementation Unit (herein after referred as ‘P. I. U. ’) Patna, House No. D-63, Rajesh Kumar Path, Sri Krishnapuri, Patna VS The State of Bihar through District Land Acquisition Officer, Patna"]
Legal approach to delays - Extensions of arbitral timelines are granted for sufficient cause; delays attributable to administrative or external factors are often condoned - [Sources: "Surjeet Kaur vs Land Acquisition Officer", "N. K. Parameswaran VS Union of India, With Address For Service-Ministry Of Road Transport And Highways, Department Of Road Transport And Highways, New Delhi"]
Role of civil courts - Civil courts have jurisdiction to decide disputes relating to compensation, possession, and entitlement, especially when statutory remedies are exhausted or unavailable - [Sources: "Vijay Raj Singh VS District Magistrate/Arbitrator", "Bandhan Ravidas VS State of Jharkhand"]
Constitutional challenge - Certain provisions, especially those denying solatium and interest, have faced constitutional challenges and have been struck down for violating Articles 14 and 21 - [Sources: "Dilipbhai Kashiram Valvi vs Union Of India"]
Public interest and necessity - The courts uphold the necessity of acquisition for public purpose, emphasizing the importance of development and infrastructure projects over individual objections unless procedural violations occur - [Sources: "Jaidevi Verma VS National Highway Authority of India", "V. Nandakumar & Others VS Union of India Rep. by its Secretary Ministry of Road Transport and Highways New Delhi & Others"]
Technical assessments and judicial deference - Courts tend to defer to technical reports and expert opinions in alignment, traffic, and feasibility matters, limiting judicial review to procedural irregularities - [Sources: "Bluepark Seafoods VS District Collector, Krishna District", "H. Gopalakrishna Shetty VS Ministry of Transport and National Highway"]
Penalties and enforcement - The Act prescribes penalties for acts that damage or mischief highways, ensuring compliance and security of infrastructure - [Sources: ""]
Finality of awards and notifications - Once confirmed and not challenged timely, awards and notifications are binding and final, with courts discouraging re-litigation - [Sources: "Hoti Lal VS Jitendra Kumar A. D. M. Fandr", "The Project Director, National Highways Authority vs S.K. Surendran"]

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;

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

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;

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 [***]