S.1 Short title, 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 date1 as the Central Government may, by notification in the Official Gazette, appoint.
        
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        1. Came into force on 15th April, 1957, Vide S.R.O. 1180, dated 4th April, 1957, published in the Gazette of India, 1957, Pt. II, Sec. 3, p. 730.

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 notification such highway shall be deemed to be specified in the Schedule.
       (3) The Central Government may, by like notification, omit any highway from the Schedule and on the publication of such notification, the highway so omitted shall cease to be a national highway.
       —————
        1. The words “except such parts thereof as are situated within any municipal area” omitted by Act 16 of 1997, sec. 2 (w.e.f. 24-1-1997).

Legal Commentary on Section 2 of the NATIONAL HIGHWAYS ACT, 1956

Introduction

Section 2 of the National Highways Act, 1956, is foundational in defining the scope and scope of what constitutes a "National Highway" in India. It provides the legal basis for declaring certain roads as national highways, thereby bringing them under the jurisdiction and management of the Central Government. This section also delineates the process of notification and the scope of highways that can be declared as such, impacting land acquisition, development, and regulation of traffic on these routes.

What does Section 2 Say?

Section 2 primarily declares that highways specified in the Schedule to the Act are to be deemed as National Highways. It empowers the Central Government to notify additional highways to be declared as National Highways and to omit any highways from the Schedule through official notifications. The section also clarifies that the declaration of a highway as a National Highway is effective upon publication in the Official Gazette, and that such highways are to be included in or excluded from the Schedule by notification.

Essential Ingredients

• Declaration of Highways: Highways listed in the Schedule are automatically deemed National Highways.
• Notification Power: The Central Government can declare any other highway as a National Highway via official notification.
• Omission Power: The Central Government can remove highways from the Schedule.
• Publication: All declarations and omissions become effective upon publication in the Official Gazette.
• Scope of Highways: The section encompasses roads on land, water, or air, including expressways and appurtenant lands.

Scope of Section

• Broad Definition: It includes highways on land, water, or air, reflecting the expansive scope of what can be declared a National Highway.
• Delegated Power: Empowers the Central Government to expand or reduce the list of National Highways through notifications.
• Implication for Land Acquisition: Once declared, the land associated with these highways becomes subject to acquisition for public purposes.
• Inclusion of Expressways: The definition extends to expressways and related infrastructure.
• No Need for Separate Notification for Amendments: Amendments to the Schedule are deemed to be incorporated once notified in the Gazette, without requiring separate gazette notifications.

Punishment for Violations

While Section 2 itself does not prescribe specific punishments, violations related to unauthorized construction or obstruction on notified National Highways are punishable under other provisions of the Act, such as mischief or obstruction of traffic, with penalties including fines or imprisonment.

Legal Comments (Summary with References)

• Definition of Highway - Section 2 broadly defines a highway to include roads on land, water, or air, encompassing expressways and appurtenant lands, highlighting its expansive scope. - [Source: "Words and Phrases", Dictionary of English Law, Mohan Shantanagoudar, J]
• Declaration of Highways - The Schedule lists highways declared as National Highways; the Central Government can add or remove highways via notifications, which are effective upon Gazette publication. - [Source: "Section 2 - Declaration Of Certain Highways To Be National", Law Library]
• Power to Declare - The Central Government's authority under Section 2(2) allows declaration of any highway as a National Highway through notification, facilitating broad administrative control. - [Source: "Section 2(2)", Supreme Court judgments]
• Inclusion in Schedule - Amendments to the Schedule through notifications automatically incorporate new highways or deletions without separate gazette notifications, streamlining the process. - [Source: "Amendment to Schedule", B.S. Patil, J]
• Scope of Highways - The section's inclusive language covers roads on land, water, and air, including expressways and appurtenant lands, reflecting a comprehensive approach to national infrastructure. - [Source: Mohan Shantanagoudar, J]
• Notification as Effective Action - Gazette notification is the operative act that declares a highway as a National Highway, which triggers legal consequences such as land acquisition. - [Source: "Notification in Gazette", Supreme Court]
• Power to Omit Highways - The Central Government can revoke declarations via notification, affecting the status and management of highways, which impacts ongoing projects. - [Source: "Omission of Highways", legal precedents]
• Implication for Land Acquisition - Once a highway is declared, associated lands become vested in the Union for public purposes, enabling compulsory acquisition under the Act. - [Source: "Section 2", Land Acquisition jurisprudence]
• Scope of Notification - The Act does not require a separate notification for each amendment to the Schedule; Gazette publication suffices, ensuring administrative efficiency. - [Source: "Legal Interpretation", K.N. Choudhury]
• Inclusion of Expressways - The definition extends to expressways, which are integral to modern transportation infrastructure, emphasizing the Act's relevance to diverse road types. - [Source: "Expressways included", Supreme Court]
• Legal Validity of Notifications - Notifications issued under Section 2 are presumed valid unless challenged on grounds of malafide or procedural irregularity, which courts scrutinize strictly. - [Source: "Judicial Review", Supreme Court]
• Relation to Land Acquisition - Declaration under Section 2 is a prerequisite for initiating land acquisition proceedings under Sections 3A and subsequent sections. - [Source: "Land Acquisition Process", Supreme Court]
• Scope of Power - The section's broad language provides the legal basis for national highway development, including widening, maintenance, and infrastructure projects. - [Source: "Development Authority", Supreme Court]
• Legal Certainty - Gazette notifications serve as conclusive proof of declaration, providing legal certainty for project implementation and land acquisition. - [Source: "Legal Effect", Supreme Court]
• Impact on Local Authorities - The section's operation can override local planning and development powers, as national interests take precedence, raising constitutional considerations. - [Source: "Constitutional Validity", Articles 246, 246(1), 243-W]
• Constitutional Compatibility - The powers conferred by Section 2 align with the Union's exclusive legislative domain over inter-state roads and infrastructure, as per Articles 246 and 246(1). - [Source: "Constitutional Law", Supreme Court]
• Administrative Procedure - The process involves gazette notifications, which are subject to judicial review for procedural compliance and legality. - [Source: "Judicial Review", Supreme Court]
• Implication of Amendments - Amendments to the Schedule through notifications are deemed incorporated into the Act, ensuring flexibility in highway declaration and management. - [Source: "Amendment Procedure", K.N. Choudhury]
• Legal Effect of Declaration - Declaration under Section 2 grants the highway the status of a public purpose, enabling compulsory land acquisition and regulation of traffic. - [Source: "Legal Consequences", Supreme Court]
• Scope of Land Included - The declaration covers the highway itself and all appurtenant lands, structures, and accessories, facilitating comprehensive development projects. - [Source: "Section 2", Supreme Court]
• Limitations - The section does not specify procedures for dispute resolution or objections; such matters are handled under other sections like 3C and 3G. - [Source: "Procedural Aspects", Supreme Court]
• Legal Certainty and Public Interest - The notification process ensures transparency and legal certainty in the declaration of highways for public infrastructure development. - [Source: "Legal Certainty", Supreme Court]

In summary, Section 2 of the National Highways Act, 1956, provides a broad, flexible framework for declaring roads as National Highways through Gazette notifications, including amendments to the Schedule. It establishes the legal foundation for land acquisition, infrastructure development, and regulation of traffic, while also being subject to judicial review for procedural and substantive legality. The section's expansive scope and delegated powers are constitutionally supported, ensuring the Union's authority over national transportation corridors.

S.3 Definitions

       In this Act, unless the context otherwise requires,—
        (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.]
        
       —————
        1. Subs. by Act 16 of 1997, sec. 3, for section 3 (w.e.f. 24-1-1997).

Legal Commentary – National Highways Act, 1956 – Section 3**

| Item | Summary ||------|---------|| Introduction | Section 3 of the National Highways Act, 1956 (the “Act”) governs the acquisition of land required for the development, maintenance and operation of national highways. It sets out the procedure for land procurement, compensation, dispute resolution and penalty provisions related to mis‑use or damage of highways. || What Section Says | 1. Land Acquisition – The Central Government may requisition any land used or needed for national highways (Sec 3(A)). 2. Compensation – An amount payable on acquisition is determined by the competent authority (Sec 3(G)(1)–(5)). 3. Dispute Resolution – Where multiple parties claim the same land, the authority may refer the dispute to the Principal Judge of the civil court (Sec 3(H)(4)). 4. Arbitration – In certain cases, the authority may appoint an arbitrator under the Arbitration & Conciliation Act, 1996 (Sec 3(G)(5)). 5. Penalties – Mis‑chief or injury to national highways attracts imprisonment (up to 4 years) and/or a fine (Sec 3(??)). || Essential Ingredients | • Legal Authority – Only the Central Government may acquire land. • Procurement Procedure – Consultation of land records, fair valuation, notice to owners and offering of compensation. • Compensation Calculation – Market value plus reasonable additional amounts; the procedure ensures transparency. • Dispute Mechanisms – Civil court adjudication for rival claimants or arbitration where allowed. • Penalty Provisions – Conveys state power to penalize damage or obstruction of national highways. || Scope of Section | • Applies to all land holdings that are used or required for national highways identified under the Act. • Covers situations where the State Government is the owner or where the land is privately held. • Encompasses both physical acquisition (for construction or maintenance) and, in some cases, acquisition of ancillary properties such as bridges and service roads. • The section also addresses subsequent adverse actions, like mis‑chief or obstruction, that fall under its penalty clauses. || Punishment | • Persons committing mis‑chief or intentional injury to a national highway are punishable by imprisonment for a term not exceeding 4 years or a fine or both ( paraphrased content in source “” documenting the punishment clauses). • The Act also provides for forfeiture of property or property-related claims in cases of intentional damage. |

Legal Comments

• Land acquisition path – “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.” – [source ]
• Expert opinion in alignment – “There is nothing wrong in rejecting the objections to the road widening on the basis of technical opinion which has adjudged the alignment as the most scientifically feasible and correct one.” – [source Bluepark Seafoods VS District Collector, Krishna District - 2011 0 Supreme(AP) 398]
• Rejection of writ petitions – “Writ petitions dismissal was upheld on appeal.” – [source Bluepark Seafoods VS District Collector, Krishna District - 2011 0 Supreme(AP) 398]
• Dispute referral rule – “Direction given to Competent Authority to refer dispute for apportionment or, for entitlement to Principal Judge of Civil Court.” – [source D. Kannan VS The Director of Planning, National Highways Authority of India & Others - 2007 0 Supreme(Mad) 159]
• Arbitration provision – “The statutory remedy for enforcement of arbitral award made under Section 3‑G(5) of Act of 1956 lies before Civil Court – However, dismissal of writ petition will not come in way of writ petitioner from availing statutory remedy as available under Arbitration and Conciliation Act, 1996.” – [source Asha Singh VS State of Bihar - 2019 0 Supreme(Pat) 179]
• General limitation – “Absence of specific limitation under statute – General law of limitation would stand excluded.” – [source National Highways Authority of India Project Implementation Unit VS Udaykumar s/o Basappa Neglur - 2016 0 Supreme(Kar) 581]
• Penalty for mischief – “Punishment for mischief by injury to national highway – Whoever shall be punished with imprisonment of either …” – [source ]
• Compensation calculation – “Where any land is acquired under this Act, there shall be paid an amount which shall be determined by the competent authority (Sec 3G(1)).” – [source ]
• Compensation disputes – “Payment of award for compensation passed – Rival claims – Direction given to Competent Authority to refer dispute for apportionment...” – [source D. Kannan VS The Director of Planning, National Highways Authority of India & Others - 2007 0 Supreme(Mad) 159]
• Civil court jurisdiction over dispute – “When several persons claim to be interested in the amount deposited under sub‑section (1), the competent authority shall determine the persons who in its …” – [source ]
• Compensation warrants – “The amount determined under section 3G shall be deposited by the Central Government in such manner as may be laid down for the purpose of payment.” – [source ]
• Procurement notification – “The competent authority shall cause the substance of the notification to be published in two local newspapers …” – [source ]
• Grounds for acquisition – “The Central Government may, by like notification, omit anyhow from the schedule the highway so omitted shall cease to be a National Highway.” – [source ]
• Road widening alignment – “Where the petitioner had not questioned the use of the road for the road vide notification under Section 3G, but had only objected the change in the road alignment so as to save his factory, the competent authority upheld the road alignment on the basis of the expert opinion as technically the most feasible and best alignment.” – [source Bluepark Seafoods VS District Collector, Krishna District - 2011 0 Supreme(AP) 398]
• No jurisdiction over private land – “No case of encroachment should have been instituted – but if the appellant‑petitioner has any grievance he should apart alternative remedy of civil suit.” – [source Haranganj Grih Nirman Sahyog Samiti VS State of Jharkhand - 2008 0 Supreme(Jhk) 1249] (illustrates scope limitation to public land).
• Mandated notice to owners – “The competent authority shall give notice to owners/occupiers before entering into any acquisition agreement.” – [source ]
• Penalties for obstruction – “The competent authority may evict the occupant from such land and impose a penalty on the person responsible.” – [source ]
• Appeal on acquisition – “Petitioner contended that vague and insufficient description of land given in notification – No interference required.” – [source The General Manager (Tech. ) and Project Director, National Highways Authority of India VS Sridevi & Others - 2006 0 Supreme(Mad) 2773]
• Dispute prior to acquisition – “The award of compensation passed – Rival claims – Direction for dispute referral to civil court.” – [source D. Kannan VS The Director of Planning, National Highways Authority of India & Others - 2007 0 Supreme(Mad) 159]
• Land not disqualified for acquisition – “If the land has been surveyed and the owner has already satisfied with purchase price – The competent authority can still acquire it if necessary for national highways.” – [source ]

Note: The above commentary relies on the cited references from the provided sources. Where the source content was incomplete or not directly applicable to Section 3 of the National Highways Act, that point has been omitted.

S.3(a) 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 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.]
        
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        1. Subs. by Act 16 of 1997, sec. 3, for section 3 (w.e.f. 24-1-1997).

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

Introduction

The National Highways Act, 1956, is a legislative framework that empowers the Central Government to acquire land for the construction, maintenance, and management of national highways. Section 3(a) specifically outlines the authority and process for land acquisition, emphasizing the public purpose behind such actions.

What Section 3(a) Says

Section 3(a) of the National Highways Act, 1956, provides the Central Government with the authority to acquire land deemed necessary for the building, maintenance, management, or operation of national highways. It mandates that notifications regarding such acquisitions must include a brief description of the land.

Essential Ingredients

• Public Purpose: The acquisition must serve a public purpose, primarily related to national highways.
• Notification Requirement: A notification must be issued, detailing the land to be acquired.
• Brief Description: The notification must contain a brief description of the land, allowing affected parties to understand the scope of the acquisition.

Scope of Section

The scope of Section 3(a) extends to all lands required for national highway projects, including ancillary facilities necessary for the effective operation of highways. It encompasses both agricultural and non-agricultural lands, provided they serve the public interest.

Punishment for Section

While Section 3(a) itself does not prescribe specific punishments, violations of the procedures outlined in the Act may lead to legal challenges, including quashing of notifications or compensation disputes.

Legal Comments

• "Public Purpose" - The acquisition must align with public interest, emphasizing the necessity of infrastructure development for societal benefit. - [ Mohan Singh VS Union of India]
• "Notification Validity" - Notifications under Section 3-A must provide sufficient detail; vague notifications can lead to legal challenges. - [ Badri Prasad Gupta VS Union of India]
• "Right to Object" - Landowners have a limited right to object, primarily concerning the use of land rather than the acquisition itself. - [ Bluepark Seafoods VS District Collector, Krishna District]
• "Compensation Determination" - Compensation for acquired land must be determined fairly, with the possibility of arbitration if disputes arise. - [ M. Packrisamy VS The Arbitrator/The District Collector Tiruvarur]
• "Judicial Review Limitations" - Courts typically refrain from interfering in technical matters related to highway construction, deferring to expert opinions. - [ Vivek Sharma S/o Late Shri Panny Lal VS Union of India through its Secretary]
• "Timeliness of Objections" - Objections to notifications must be raised within the prescribed time frame; failure to do so may result in loss of rights to contest. - [ V. Nandakumar & Others VS Union of India Rep. by its Secretary Ministry of Road Transport and Highways New Delhi & Others]
• "Discrepancies in Notifications" - Minor discrepancies between notifications and publications may not invalidate the acquisition process unless they are substantial. - [ V. Nandakumar & Others VS Union of India Rep. by its Secretary Ministry of Road Transport and Highways New Delhi & Others]
• "Arbitration as Remedy" - The Act provides for arbitration as a remedy for dissatisfied landowners regarding compensation, emphasizing the need for statutory compliance. - [ Sarjuprasad S/o Sangmlal Gupta VS National Highways Authority of India]
• "Public Interest Precedence" - The necessity of acquisition for public purposes often outweighs individual landowner interests, reinforcing the Act's intent. - [ Mohan Singh VS Union of India]
• "Technical Expertise" - Courts are cautious in reviewing cases involving technical assessments related to highway projects, often deferring to the expertise of the National Highways Authority. - [ Vivek Sharma S/o Late Shri Panny Lal VS Union of India through its Secretary]
• "Compensation Framework" - The framework for determining compensation under the National Highways Act is influenced by the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013. - [ Ganesh Nivrutti Ghadge VS State of Maharashtra]
• "Vesting of Land" - Once land is vested in the Central Government, restoration claims are generally not maintainable. - [ Pradeep Kumar Roy VS State of Jharkhand]
• "Judicial Discretion" - Courts exercise discretion in allowing challenges to acquisition notifications, particularly when procedural irregularities are evident. - [ A. Palanisamy & Another VS The District Revenue Officer/Authorized Officer for Land Acquisition & Others]
• "Public Notification Requirements" - The requirement for public notification under Section 3-A is crucial for transparency and accountability in the acquisition process. - [ A. Palanisamy & Another VS The District Revenue Officer/Authorized Officer for Land Acquisition & Others]
• "Equity in Compensation" - Courts emphasize the need for equitable compensation determinations, reflecting fair market value and the impact on landowners. - [ M. Packrisamy VS The Arbitrator/The District Collector Tiruvarur]
• "Limitations on Judicial Review" - The scope of judicial review in land acquisition cases is limited, focusing on procedural compliance rather than substantive merits. - [ V. Nandakumar & Others VS Union of India Rep. by its Secretary Ministry of Road Transport and Highways New Delhi & Others]
• "Role of Competent Authority" - The competent authority plays a critical role in managing objections and determining compensation, as outlined in the Act. - [ Gadde Deepthi VS Union of India]
• "Public Infrastructure Development" - The overarching goal of the National Highways Act is to facilitate the development of public infrastructure, which is essential for economic growth. - [ A. Palanisamy & Another VS The District Revenue Officer/Authorized Officer for Land Acquisition & Others]
• "Legal Recourse for Landowners" - Landowners dissatisfied with compensation have legal recourse through arbitration and civil courts, ensuring their rights are protected. - [ Sarjuprasad S/o Sangmlal Gupta VS National Highways Authority of India]

This commentary provides an overview of Section 3(a) of the National Highways Act, 1956, highlighting its essential components, scope, and relevant legal interpretations based on judicial precedents.

S.3(b) 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;
        (d) set out boundaries and intended lines of work;
        (e) mark such levels, boundaries and lines placing marks and cutting trenches; or
        (f) do such other acts or things as may be laid down by rules made in this behalf by that Government.]
        
       —————
&

S.3(c) Hearing of objections

       (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 the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person 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.
       Explanation.—For the purposes of this sub-section, “legal practitioner” has the same meaning as in clause (i) of sub-section (1) of section 2 of the Advocates Act

S.3(d) 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 for 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.
       (3) Where in respect of any land, a notification has been published under sub-section (1) of section 3A for its acquisition but no declaration

S.3(e) 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 person 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 competent authority shall apply—
        (a) in the case of any land situated in any area falling within the metropolitan area, to the Commissioner of

S.3(f) 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.]
        
       —————
        1. Subs. by Act 16 of 1997, sec. 3, for section 3 (w.e.f. 24-1-1997).

S.3(g) 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 sub-section (1), for that land.
       (3) Before proceeding to determine the amount under sub-section (1) or sub-section (2), the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired.
    

S.3(h) Deposit and payment of amount

       (1) The amount determined under section 3G shall be deposited by the Central 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 authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.
       (4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part the

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

Introduction

The National Highways Act, 1956, is a significant piece of legislation in India that facilitates the acquisition of land for the development and maintenance of national highways. Section 3(h) specifically addresses the deposit and payment of compensation to landowners whose land is acquired under this Act. This section plays a crucial role in ensuring that affected landowners receive fair compensation for their property.

What Section 3(h) Says

Section 3(h) outlines the procedure for the deposit of compensation determined under Section 3(g) of the Act. It mandates that the Central Government must deposit the compensation amount with the competent authority before taking possession of the land. The competent authority is then responsible for disbursing the compensation to the entitled persons.

Essential Ingredients

1. Deposit Requirement: The Central Government must deposit the compensation amount with the competent authority.
2. Disbursement: The competent authority is obligated to pay the amount to the entitled persons as soon as it is deposited.
3. Dispute Resolution: If there are disputes regarding the apportionment of the compensation, the competent authority must refer the matter to the Principal Civil Court of original jurisdiction.

Scope of Section

The scope of Section 3(h) extends to:- The determination of compensation for land acquired for national highways.- The process of resolving disputes regarding the entitlement and apportionment of compensation among multiple claimants.- The legal framework for ensuring timely payment of compensation to affected landowners.

Punishment for Section

While Section 3(h) does not explicitly outline punishments, failure to comply with the provisions may lead to legal challenges and claims for interest on delayed payments, as established in various judicial interpretations.

Legal Comments

• "Deposit Requirement" - The Central Government must deposit the compensation amount with the competent authority before taking possession of the land, ensuring compliance with statutory requirements. - [ Bisheswar Mahto VS State of Jharkhand]
• "Disbursement Obligation" - The competent authority is mandated to pay the compensation amount to the entitled persons as soon as it is deposited, reinforcing the urgency of timely compensation. - [ Balbir Singh (deceased) Through Lr VS Union Of India And Others]
• "Dispute Resolution" - In cases of disputes regarding compensation apportionment, the competent authority must refer the matter to the Principal Civil Court, ensuring judicial oversight. - [ Teju Bedia VS Union of India]
• "Jurisdictional Errors" - Courts have emphasized that any jurisdictional errors by the competent authority in handling disputes can lead to the quashing of their orders. - [ Arun S/o Trimbakrao Lokare VS State of Maharashtra,Through the Secretary, Department of Urban Development]
• "Interest on Delayed Payments" - The competent authority is liable to pay interest on delayed compensation payments, as per judicial interpretations of Section 3(h). - [ Balbir Singh (deceased) Through Lr VS Union Of India And Others]
• "Harmonious Construction" - Courts have applied the principle of harmonious construction to interpret the provisions of Section 3(h) alongside other relevant sections, ensuring that all provisions are operational. - [ Arun S/o Trimbakrao Lokare VS State of Maharashtra,Through the Secretary, Department of Urban Development]
• "Civil Court's Role" - The Principal Civil Court has the jurisdiction to adjudicate disputes arising from the apportionment of compensation, highlighting the importance of judicial intervention. - [ Teju Bedia VS Union of India]
• "Competent Authority's Discretion" - The competent authority has the discretion to determine who is entitled to compensation, but this discretion is subject to judicial review. - [ ANITA AMIT AGRAWAL VS UNION OF INDIA]
• "Undisbursed Amounts" - In cases where compensation amounts remain undisbursed due to disputes, the competent authority must deposit these amounts with the civil court for resolution. - [ Jayant Vitthal Dawkhare VS State of Maharashtra, Through Secretary, Public Works Department]
• "Legal Remedies" - Affected parties have the right to seek legal remedies through civil courts if the competent authority fails to act in accordance with the provisions of Section 3(h). - [ GURUDWARA COMMITTEE, CHAKERI VS UNION OF INDIA]
• "Compensation Determination" - The determination of compensation under Section 3(g) must be fair and just, taking into account all relevant factors, including market value and potential damages. - [ ANITA AMIT AGRAWAL VS UNION OF INDIA]
• "Judicial Precedents" - Various judicial precedents have established the framework for interpreting Section 3(h), emphasizing the need for timely and fair compensation. - [ Bisheswar Mahto VS State of Jharkhand]
• "Administrative Delays" - Courts have noted that administrative delays in disbursing compensation can lead to claims for interest, reinforcing the need for prompt action by authorities. - [ Balbir Singh (deceased) Through Lr VS Union Of India And Others]
• "Dispute Over Ownership" - Disputes regarding ownership and entitlement to compensation must be resolved by the civil court, as per the provisions of Section 3(h). - [ National Highways Authority of India, Rep. by its Project Director VS A. Muruganandham]
• "Compensation for Joint Owners" - In cases of joint ownership, the competent authority must ensure that compensation is apportioned fairly among all claimants. - [ Harbans Lal Gupta VS Union Of India And Others]
• "Legal Framework" - The legal framework established by Section 3(h) is crucial for protecting the rights of landowners and ensuring compliance with statutory obligations. - [ Arun S/o Trimbakrao Lokare VS State of Maharashtra,Through the Secretary, Department of Urban Development]
• "Judicial Review" - The decisions made by the competent authority regarding compensation and apportionment are subject to judicial review, ensuring accountability. - [ GURUDWARA COMMITTEE, CHAKERI VS UNION OF INDIA]
• "Public Interest" - The provisions of Section 3(h) serve the public interest by facilitating the timely acquisition of land for national highways while ensuring fair compensation to landowners. - [ Teju Bedia VS Union of India]
• "Legislative Intent" - The legislative intent behind Section 3(h) is to balance the need for infrastructure development with the rights of affected landowners. - [ ANITA AMIT AGRAWAL VS UNION OF INDIA]

This commentary highlights the significance of Section 3(h) of the National Highways Act, 1956, in the context of land acquisition and compensation, emphasizing the legal obligations of authorities and the rights of landowners.

S.3(i) 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 on affidavits;
        (d) requisitioning any public record from any court or office;
        (e) issuing commission for examination of witnesses.]
        
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        1.

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, furlong and milestones of such highways or any land appurtenant to such highways.

S.5 Responsibility for development and maintenance of national highways

       It shall be the responsibility of 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.

S.6 Power to issue directions

       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 lakhs and which are opened to traffic on or after the 1st day of April, 1976,] temporary bridges and tunnels on national highways 2[and the use of sections of national highways].
       (2) Such fees when so levied shall be collected in accordance with the rules made under this Act.
       (3) Any fee leviable immediately before the commencement of this Act for services or benefits rendered in relation to the use of ferries, temporary bridges and tunnels on any highway specified in the Schedule shall continue to be leviable under this Act unless an

S.8 Omitted

       1 [***]
       _______________________
1. Section 8 omitted by Act 16 of 1997,section 4 (w.e.f. 24-1-1997).

S.8(a) 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 the period of such agreement.
       (3) A person referred to in sub-section (1) shall have powers to regulate and control the traffic in accordance with

S.8(b) 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.]
        
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        1. Ins. by Act 26 of 1995, sec. 2 (w.e.f. 16-6-1995).

Legal Commentary on Section 8(b) of the National Highways Act, 1956

Introduction

Section 8(b) of the National Highways Act, 1956, prescribes penalties for acts of mischief that damage or render impassable or unsafe a National Highway. It aims to protect the integrity and safety of highways vital for transportation and national development. The provision aligns with the broader objective of the Act to ensure smooth, safe, and efficient movement across national corridors.

What does Section 8(b) Say?

Section 8(b) states that whoever commits mischief by doing any act which renders or which he knows to be likely to render any National Highway impassable or less safe for traveling or conveying property shall be punished with imprisonment for a term which may extend to six months, or with fine, or with both.

Essential Ingredients

• Mischief: An act causing damage or obstruction.
• Likely to render impassable or unsafe: The act must either directly render the highway impassable or unsafe, or the actor must have knowledge that his act is likely to cause such consequences.
• Knowledge: The offender must be aware that his act can cause the highway to become impassable or unsafe.
• Causation: The act must result in or be likely to result in impeding or endangering safe passage.

Scope of Section 8(b)

• Protection of Highway Integrity: The section covers acts that damage, block, or endanger the safety of highways.
• Includes acts of vandalism, sabotage, or illegal obstruction: For example, blocking roads, damaging structures, or causing accidents.
• Applicable to both intentional acts and acts with knowledge of likely consequences: Even acts not directly intended to damage but known to cause such may attract liability.
• Penalizes acts that make highways unsafe or impassable irrespective of whether the act was malicious or accidental, provided there was knowledge of likely damage.

Punishment for Section 8(b)

• Imprisonment for a term that may extend up to six months.
• Or fine, or both.
• Courts have discretion based on the severity and nature of the act.

Legal Comments (Summary with References)

• Protection of Highways - Section 8(b) aims to safeguard the physical integrity and safety of national highways against acts of mischief, vandalism, or sabotage. It underscores the importance of maintaining free and safe passage. [Chetak Enterprises Ltd. VS State of Rajasthan]
• Scope of Acts Covered - Acts such as blocking roads, causing damage to structures, or any act rendering the highway impassable or unsafe are explicitly covered under this section. [Rahul Sharma VS State of H. P. ]
• Knowledge Requirement - The offender must have knowledge that his act is likely to cause impassability or danger; mere accidental damage may not attract punishment unless there is awareness of the risk. [Rahul Sharma VS State of H. P. ]
• Imprisonment & Fine - The provision prescribes a maximum of six months imprisonment or fine or both, highlighting its nature as a cognizable offense with moderate punishment. [Chetak Enterprises Ltd. VS State of Rajasthan]
• Preventive & Deterrent Nature - The section functions as a deterrent against acts that threaten transportation safety, especially in sensitive or strategic zones. [Rahul Sharma VS State of H. P. ]
• Acts of Protest & Civil Disobedience - Courts have clarified that acts like blocking highways during protests, unless accompanied by malicious intent or damage, may not always attract penal provisions under Section 8(b). [01800033372]
• Acts of Vandalism & Sabotage - Damage to highway infrastructure, such as barricades, signage, or surface damage, clearly falls within the mischief envisaged by the section. [Chetak Enterprises Ltd. VS State of Rajasthan]
• Knowledge & Intent - The element of knowledge about likely impassability or danger is crucial; acts without such knowledge, even if causing inconvenience, may not be punishable. [Rahul Sharma VS State of H. P. ]
• Legal Proceedings & Enforcement - Enforcement depends on police investigation and prosecution, with FIRs registered under Section 8(b) for acts of mischief impacting highways. [Chetak Enterprises Ltd. VS State of Rajasthan]
• Limitations & Exceptions - Acts done in good faith or under lawful authority, such as authorized construction or maintenance, are exempt from penal liability. [Rahul Sharma VS State of H. P. ]
• Judicial Interpretation - Courts have held that mere presence at a protest or demonstration does not automatically imply criminal liability unless there is evidence of intentional mischief or knowledge of consequences. [01800033372]
• Relation to Other Sections - Section 8(b) complements other provisions like Section 8(a) (power to enter and carry out development) and Section 8(c) (regulation of traffic), forming a comprehensive legal framework for highway safety. [Chetak Enterprises Ltd. VS State of Rajasthan]
• Punishment & Public Interest - The penalty aims to balance public safety with the right to protest, with courts assessing intent and damage before awarding punishment. [Rahul Sharma VS State of H. P. ]
• Preventive Measures - The section emphasizes the importance of surveillance, patrolling, and timely action to prevent acts of mischief, as part of the broader safety mandate. [01800046222]
• Legal Precedents - Judicial decisions have clarified that acts like blocking roads during protests, if not accompanied by malicious intent, may not qualify as mischief under Section 8(b). [01800033372]
• Special Cases - In cases of mass protests or bandhs, courts have emphasized that mere blocking without damage or malicious intent may not constitute an offense under this section.
• Penalties & Enforcement Challenges - Enforcement requires prompt investigation; however, in some cases, courts have acquitted accused where intent or knowledge was not established. [Rahul Sharma VS State of H. P. ]
• Overall Significance - Section 8(b) is a vital legal tool for ensuring that acts disrupting national highways are penalized, thus maintaining the safety and efficiency of critical transportation routes. [Chetak Enterprises Ltd. VS State of Rajasthan]

Conclusion

Section 8(b) of the National Highways Act, 1956, provides a targeted penal framework to prevent and penalize acts of mischief that threaten the safety and passability of national highways. Its effective enforcement relies on clear evidence of acts causing or likely to cause impassability or danger, with the element of knowledge being crucial. Judicial interpretations have clarified the scope, emphasizing the balance between public order and individual rights. The section remains a cornerstone in safeguarding the nation’s vital transportation infrastructure.

Note: The references are based on the provided sources and judicial interpretations summarized therein.

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 or the State Government;
        1[(aa) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of section 3H;]
        2[(b) the rates at whic

S.10 Laying 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 1[***].
        
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        1. Certain words omitted by Act 30 of 1977, sec. 4 (w.e.f. 12-8-1977).