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NATIONAL HIGHWAY ACT 1956 �&�LAND ACQUISITION PROCESS FOR NATIONAL HIGHWAYS�

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  • Land Acquisition is a key component for development of National Highways.
  • Fast-track economic growth is possible through improved road connectivity.
  • There is significant increase in the recent past in construction of NHs infrastructure i.e. National Highways, Access-Controlled Expressways and Green Highways, Ropeways, Electric Highways and wayside amenities etc.
  • This has been made possible through transformation of systems and structures by re-engineering process and procedures.

Introduction

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  • Road Transport is a critical infrastructure for the economic development of a country.
  • It impacts the pace, structure and pattern of development. Fast-track economic growth is possible through improved road connectivity.
  • India has the second largest road network in the World of about 63.45 lakh km.
  • The network comprises National Highways, Expressways, State Highways, Major District Roads, Other District Roads and Village Roads.

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Introduction

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  • The National Highways network is at present 1,46,145 km.
  • Capital expenditure of the Ministry (including private investment) increased 5.7 times from around ₹ 53,000 crore in 2013-14 to roughly ₹ 3.01 lakh crore in 2023-24.
  • There is significant increase in the recent past in construction of NHs infrastructure i.e. National Highways, Access-Controlled Expressways and Green Highways, Ropeways, Electric Highways and wayside amenities etc.
  • This has been made possible through transformation of systems and structures by re-engineering process and procedures.

Introduction

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18,371�(20%)

45,399�(50%)

27,517

(30%)

2014

45,502�(31%)

85,701

(59%)

14,942�(10%)

2025

91,287

146,145

1.6x

4L and above

2L / 2L+PS

<2L

0.6x

1.8x

2.5x

L - Lane; PS - Paved Shoulder

National Highway Network (Km)

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Total

NHAI

PWD

7,696

NHIDCL

3,586

BRO

905

MoRTH

146,415

All lengths in km

Agency wise entrustment of NHs

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Land acquired/procured under Section 3 of NHs Act, 1956 and/or in accordance with the existing Acts/Rule/Policies of the concerned States.

Compensation is determined in accordance with RFCTLARR Act, 2013, w.e.f. 01.01.2015.

Acts and provisions

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3a - Appointment of Competent Authority (CALA) by Central Government through a notification in Official Gazette of India.

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3A - power to acquire land for NH projects —

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(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.

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

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(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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Section 3 of NH Act, 1956

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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—

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    • make any inspection, survey, measurement, valuation or enquiry;

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    • take levels;

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    • dig or bore into sub-soil;

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    • set out boundaries and intended lines of work;

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    • mark such levels, boundaries and lines placing marks and cutting trenches; or

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    • do such other acts or things as may be laid down by rules made in this behalf by that Government.

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Section 3 of NH Act, 1956

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3C. Hearing of objections.—

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(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.

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(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, it any, as the competent authority thinks necessary, by order, either allow or disallow the objections.

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(3) Any order made by the competent authority under sub-section (2) shall be final.

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Section 3 of NH Act, 1956

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3D. Declaration of acquisition.—

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  1. Submission of a report 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.

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(2) The land shall vest absolutely in the Central Government free from all encumbrances.

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(3) Time period is one year for expiry of the notification. Time for which 3A notification is stayed by an order of a court shall be excluded.

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(4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority.

Section 3 of NH Act, 1956

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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 person duly authorised by it in this behalf within sixty days of the service of the notice.

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(2) If any person refuses or fails to comply with any direction made under sub-section (1), the competent authority shall apply—

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      • in the case of any land situated in any area falling within the metropolitan area, to the Commissioner of Police;

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b) in case of any land situated in any area other than the area referred to in clause (a), to the Collector of a District,

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and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to the competent authority or to the person duly authorised by it.

Section 3 of NH Act, 1956

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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.

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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

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(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.

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Section 3 of NH Act, 1956

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(3) 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.

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(4) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of section 3C, before the competent authority, at a time and place and to state the nature of their respective interest in such land.

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(5) If the amount determined by the competent authority is not acceptable to either of the parties, the amount shall, on an application by either of the parties be determined by the arbitrator to be appointed by the Central Government.

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(6) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act.

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(7) Determination of amount of compensation by the Competent Authority or the Arbitrator.

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Section 3 of NH Act, 1956

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3H. Deposit and payment of amount.—

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(1) The amount determined is 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.

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(2) the competent authority shall pay the amount to the person or persons entitled thereto and also may award interest at twelve per cent per annum on market value of the land from the date of 3A notification till the date of the award .

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(3) Determination of claim of the entitled persons.

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(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 thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.

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Section 3 of NH Act, 1956

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3H. Deposit and payment of amount.—

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(5) Where the amount determined under section 3G by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent, per annum on such excess amount from the date of taking possession under section 3D till the date of the actual deposit thereof.

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(6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section shall be deposited by the Central Government with the competent authority and the provisions of sub- sections (2) to (4) shall apply to such deposit

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Section 3 of NH Act, 1956

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

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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:—

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    • summoning and enforcing the attendance of any person and examining him on oath;

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    • requiring the discovery and production of any document;

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    • reception of evidence on affidavits;

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    • requisitioning any public record from any court or office;

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    • issuing commission for examination of witnesses.

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Section 3 of NH Act, 1956

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  • Enactment of RFCTLARR Act, 2013, w.e.f 01.01.2014.

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  • The following schedules of RFCTLARR Act, 2013 are applicable w.e.f 01.01.2015 by virtue of section 105(3) of the Act;

  • Schedule 1st of RFCTLARR Act, 2013 is related to the determination of

compensation of land.

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  • Schedule 2nd of RFCTLARR Act, 2013 is related to rehabilitation and

resettlement.

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  • Schedule 3rd of RFCTLARR Act, 2013 is related to infrastructure and

amenities

RFCTLARR Act, 2013

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Calculation of Compensation

Step 1:

Determination of market value of land in accordance with Sub-section (1) of Section 26, read with sub-section (3) of Section 26 of the RFCTLARR Act, 2013;

Step 2:

Apply the Multiplication Factor to the amount determined in accordance with step 1 above in terms of sub-section (2) of Section 26 of the RFCTLARR Act, 2013;

Step 3:

Calculate the value of assets (buildings, trees etc.) attached to the land under acquisition in terms of Section 29 of the RFCTLARR Act, 2013;

Step 4:

Add the amount determined under Step 2 and Step 3 and then provide for 100% solatium on the amount so arrived;

Step 5:

Calculate the amount @ 12% per annum on the market value determined under Step 1 in terms of Section 30(3) of the Act;

Step 6:

Total Compensation amount = Step 4 + Step 5.

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  • TDS 10% will be deducted from the compensation for the building , assets and non agriculture land.

  • 2.5% administrative charges payable to the State Government on disbursed amount of compensation.

Calculation of compensation

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  • Central Government appoint arbitrator under section 3G(5) of NH Act 1956 through a notification in official Gazette of India

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  • All proceeding initiated by arbitrator under Arbitration Reconciliation Act 1996.

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  • Section 29 A (1)- The Award shall be made within a period twelve months.

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- Pendency of large number of arbitration cases.

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Arbitration

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Project Implementing Agency

(PIA)

No. of pending arbitration cases

No. of cases in which PIA has gone for arbitration

No. of cases pending in District Session Court

No. of cases pending in High Court

No. of cases pending in Supreme Court

MORTH

1433

177

959

218

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NHAI

1,25,471

8381

60,336

15401

225

NHIDCL

1445

Nil

182

145

Nil

Total

1,28,349

8558

61,477

15,764

241

Details of the pending arbitration cases

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(i) Non-updation of Revenue Records/Revenue maps.

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(ii) Incorrect Joint Measurement Survey (JMS) of land being acquired.

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(iii) Improper record of assets on the acquired land without having proper evidence such as videography, photography with joint signature etc.

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(iv) Deficiency in service of notice to the affected land loosers by CALA.

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(v) Non determination of the market value of acquired land by CALA as per law.

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(vi) Awards passed by the CALA are not in the form of speaking orders and not supported by proper evidence.

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(vii) CALA cannot rectify the mistakes of clerical error or omission in awards.

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(viii) Shortage of dedicated staff in Arbitrator’s office.

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(ix) Delay due to absence of monitoring system.

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Reasons for filing of arbitration cases

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  • Clubbing of Arbitration cases.

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  • Updation of Revenue Records/Maps before Joint Measurement Survey (JMS).

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  • CALAs should serve the notices in Standard format/template through various modes of services simultaneously.

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  • Proper documentation of assets by way of videography, photography, witness etc) with joint signature.

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  • Conduct of proper JMS u/s 3B of NH Act properly and details made part of the award.

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  • Draft award to be seen by PIA Officers/Representatives.

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Corrective measures

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  • Immediate appointment of Arbitrator after 3D notification.

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  • Sufficient supporting staff to be provided to the Arbitrator by PIA. Expenditure to be debited from Administrative Charges

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  • Engagement of experienced and competent Advocate to defend the case.

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  • Review/Monitoring of the cases including performance of Advocates periodically by PD/RO.

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  • Proper disposal of 3C objections by way of speaking order by CALA

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  • Proper and timely serving of Notices to the landloosers by CALA

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Corrective measures

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Sr. No.

Year

Number of notifications

Area notified (in Ha.)

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2018- 19

2920

 32831

2.

2019-20

1924

 13476

3.

2020-21

2277

21027

4.

2021-22

2719

20257

5.

2022- 23

2798 

27429

6.

2023-24

2414

21649

7.

2024-25

1979

8439.56

No. of notifications vis-à-vis area notified during last Six financial years

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    • Delay in issuing of notification due to its physical movement 3-4 months for each notification;

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    • Mismatch/Errors in entries like Survey Numbers, Village Name, etc.;

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    • Need for legal vetting for every notification

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    • Physical movement/processing of draft Notifications for their publication in the Gazette of India-Extra Ordinary, resulting in delay;

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    • Multiple Entries of Land Parties by CALA at every subsequent stage;

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    • Non transparency in determination and disbursal of compensation;

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    • Thousands of crores were stuck on CALA bank accounts pending completion of LA process and then Cheque / draft by CALA

Need for Land Acquisition Portal

Agency wise entrustment of NHs

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3A-3D

    • 8-12 Months

3D-3G

    • 12-14 Months

3G-3H

    • 14-24 Months

Average time taken in various LA process

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3A-3D

    • 3 months

3D-3G

    • 3 months

3G-3H

    • 6 months

Optimum timelines

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  • The portal has simplified the notification approval process and has significantly reduced the time required for publication of notifications
  • Launched in April, 2018,
    • 3395+ Online Projects
    • 149914+ hectares of land acquired through portal
    • A total of more than 17500+ gazette notifications prepared and processed through the Bhoomi Rashi portal
    • Rs. 27721+ cr paid as compensation through the portal

https://bhoomirashi.gov.in/

About Bhoomirashi

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Mutation of Land of Govt. Name | Land Possession by RO/PD

Identification of Villages and Appointment of CALA

3a Gazette Notification

Identification of Land Parcels and they categorization

3A Gazette Notification

Objection of 3A Notification and resolution by CALA

Identification of Land Owners with share and affected parties

3D Gazette Notification

Compensation determination by CALA for each Land Parcel and approval by HQ

3G Stage of LA

Compensation determination by CALA for each Land Parcel and approval by HQ

3H Stage of LA

Land Acquisition Process- As per National Highways Act

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THANK YOU

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