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 Year of the Republic of India as follows
1.Short title, extent and commencement.
- This Act may be called the National Highways Act, 1956.
- It extends to the whole of India.
- It shall come into force on such date’ as the Central Government may, by notification in the Official Gazette, appoint.
2. Declaration of certain highways to be national highways.
- Each of the highways specified in the Schedule is hereby declared to be a national highway.
- 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.
- 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.
In this Act, unless the context otherwise requires,
- 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;
- land includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth.
Power to acquire land, etc.
- 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.
- Every notification under sub-section (1) shall give a brief description of the land.
- 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.
Power to enter for survey, etc.
- make any inspection, survey, measurement, valuation or enquiry
- take levels
- dig or bore into sub-soil
- set out boundaries and intended lines of work
- mark such levels, boundaries and lines placing marks and cutting trenches
- do such other acts or things as may be laid down by rules made in this behalf by that Government.
Determination of amount payable as compensation.
- 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.
- 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.
- Before proceeding to determine the amount under sub-section (1) or sub-section (2), tbe competent authority shall give a public notice published in two local newspaper, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired.
- 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.
- If the amount determined by the competent authority under sub-section (1) or sub-section (2) 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.
- 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.
- The competent authority or the arbitrator while determining the amount under sub-section (1) or sub-section (5), as the case may be, shall take into consideration