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CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) ACT, 2002
13 of 2003
January 14, 2003
An Act to provide for control of land within the National Highways, right of way and traffic moving on the National Highways and also for removal of unauthorised occupation thereon Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:
CHAPTER 01: PRELIMINARY
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Control of National Highways (Land and Traffic) Act, 2002.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.
SECTION 02: DEFINITIONS
In this Act unless the context otherwise requires,—
(a) "appointed day", in relation to a Tribunal, means the date on which such Tribunal is established under sub-section (1) of Section 5-;
(b) "building" means any work of construction done in any manner by use of any material and includes a farm building for agricultural purposes, plinth, doorstep. wall, drain, advertisement board and other things fixed with such building;
(c) "construct", with its grammatical variations, in relation to a building, means to construct, reconstruct, erect, re-erect, extend or alter structurally a building;
(d) "cost of land" means the market value of the land as determined by the competent authority of the State Government or the Government of the Union territory appointed for such determination, as the case may be;
(e) "Highway" means a National Highway declared as such under Section 2 of the National Highway Act, 1956(48 of 1956) and includes any Expressway or Express Highway vested in the Central Government, whether surfaced or unsurfaced, and also includes—
(i) all lands appurtenant to the Highway, whether demarcated or not, acquired for the purpose of the Highway or transferred for such purpose by the Stale Government to the Central Government;
(ii) all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on or across such Highway; and
(iii) all trees, railings, fences, posts, paths, signs, signals, kilometre stone and other Highway accessories and materials on such Highways:
(f) "Highway Administration" means the Highway Administration established under Section 3-;
(g) "highway land" means the land of which the Central Government is, or is deemed to be, the owner under sub-section (1) of Section 23-;
(h) "land" includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(i) "means of access" means any permanent means of access, whether private or public, for vehicles of any kind;
(j) "premises" means any land or building or part of a building and includes—
(i) the garden, grounds and outhouses, if any , appertaining to such building or part of a building; and
(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "Tribunal" means the National Highways Tribunal established under subsection (1) of section 5-;
(m) "unauthorised occupation" means any occupation of the highway land, without permission under this Act for such purpose, by a person who—
(i) is trespasser on the Highway; or
(ii) for the time being is paying or is liable to pay to other person rent or any portion of the rent of the premises on a Highway; or
(iii) lives in or otherwise uses any premises on a Highway; or
(iv) is a rent-free tenant of any premises on a Highway; or
(v) is a licensee of any premises on a Highway for its possession; or
(vi) is liable to pay damages to the owner of any premises on a Highway for the use or possession of such premises;
(n) "vehicle" means a barrow, sledge, plough, drag and any wheeled or tracked conveyance of any description capable of being used on a Highway.
CHAPTER 02: ESTABLISHMENT OF HIGHWAY ADMINISTRATIONS AND TRIBUNALS, ETC
SECTION 03: ESTABLISHMENT OF HIGHWAY ADMINISTRATIONS
(1) The Central Government shall. by notification in the Official Gazette,—
(a) establish, for the purposes of this Act, a body or authority consisting of one or more officers of the Central Government or the State Government to be known as Highway Administration to exercise powers and discharge functions conferred on it under this Act; and
(b) define the limits of the Highway within which, or the length of Highway on which, a Highway Administration shall have jurisdiction Provided that the Central Government may, in the notification issued under this subsection or by any general or special order, impose any condition or limitation subject to which a Highway Administration shall exercise powers and discharge functions conferred on it under this Act.
(2) The Central Government may establish one or more Highway Administrations For a State or Union territory or for a Highway under sub-section (1).
(3) Subject to the provisions of this Act, the Highway Administration shall exercise powers and discharge functions conferred on it under this Act in such manner as may be prescribed.
SECTION 04: POWERS AND FUNCTIONS OF HIGHWAY ADMINISTRATION
A Highway Administration shall exercise powers and discharge functions throughout its jurisdiction specified under this Act subject to such conditions or limitations as may be imposed by the notification issued under sub-section (1) of Section 3-and by any general or special order made in this behalf by the Central Government.
SECTION 05: ESTABLISHMENT OF TRIBUNALS
(1) The Central Government may, by notification in the Official Gazette, establish one or more Tribunals, to be known as the National Highways Tribunal, to exercise the jurisdiction, powers and authority conferred on such Tribunal by or under this Act.
(2) The Central Government shall also specify, in the notification referred to in subsection (1), the limits of the Highway within which, or the length of Highway on which, the Tribunal may exercise jurisdiction for entertaining and deciding the appeals filed before it.
SECTION 06: COMPOSITION OF TRIBUNAL
(1) A Tribunal shall consist of one person only (hereinafter referred to as the Presiding Officer) to be appointed, by notification in the Official Gazette, by the Central Government.
(2) Notwithstanding anything contained in sub-section (1), the Central Government may authorise the Presiding Officer of one Tribunal to discharge also the functions of the Presiding Officer of another Tribunal.
SECTION 07: QUALIFICATIONS FOR APPOINTMENT AS PRESIDING OFFICER
A person shall not be qualified for appointment as the Presiding Officer of a Tribunal unless he—
(a) is qualified to be a Judge of a High Court; or
(b) has been a member of the Indian Legal Service and has held a post not less than Grade II of that service.
SECTION 08: TERM OF OFFICE
The Presiding Officer of a Tribunal shall hold office from the date on which he enters upon his office till he attains the age of sixty-two years.
SECTION 09: STAFF OF TRIBUNAL
(1) The Central Government shall provide the Tribunal with such officers and employees as that Government thinks fit.
(2) The officers and employees of a Tribunal shall discharge their functions under general superintendence of the Presiding Officer.
(3) The salary, allowances and other conditions of service of the officers and employees of a Tribunal shall be such as may be prescribed.
SECTION 10: SALARY AND ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE OF PRESIDING OFFICER
The salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the Presiding Officer of a Tribunal shall be such as may be prescribed Provided that neither the salary and allowances nor the other terms and conditions of service of the Presiding Officer shall be varied to his disadvantage after his appointment.
SECTION 11: VACANCIES IN TRIBUNAL
If, for any reason other than temporary absence, any vacancy occurs in the office of the Presiding Officer of a Tribunal, then, the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.
SECTION 12: RESIGNATION AND REMOVAL
(1) The Presiding Officer of a Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office Provided that the said Presiding Officer shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier.
(2) The Presiding Officer of a Tribunal shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of a High Court, in which the Presiding Officer has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
(3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Presiding Officer referred to in sub-section (2).
SECTION 13: FINANCIAL AND ADMINISTRATIVE POWERS OF PRESIDING OFFICER
The Presiding Officer of a Tribunal shall exercise such financial and administrative powers as may be prescribed.
SECTION 14: JURISDICTION, POWERS AND AUTHORITY OF TRIBUNAL
A Tribunal shall exercise, on and from the appointed day, the jurisdiction, powers and authority to entertain appeals from the orders passed or actions (except issuance or serving of notices) taken under Sections 26, 27, 28, 36, 37 and 38 by the Highway Administration or an officer authorised on its behalf, as the case may be.
SECTION 15: BAR OF JURISDICTION
On and from the appointed day, no court (except the Supreme Court and a High Court exercising jurisdiction under Articles 226 and 227 of the Constitution) or other authority, except the Tribunal shall have, or be entitled to exercise, any jurisdiction, powers or authority in relation to the matters specified in Section 14-
SECTION 16: PROCEDURE AND POWERS OF TRIBUNAL
(1) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Tribunal shall have powers to regulate its own procedure including the places at which it shall have its sittings.
(2) The appeal filed before the Tribunal under Section 14-shall be dealt with by it us expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within four months from the date of the receipt of the appeal.
(3) The Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, 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 documents:
(c) receiving evidence on affidavits;
(d) issuing commissions for examination of witnesses or documents;
(e) reviewing its decisions;
(f) dismissing an appeal or application for default or deciding it ex parte;
(g) setting aside any order of dismissal of any appeal or application for default or any order passed by it ex parte; and
(h) any other matter which may be prescribed.
(4) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193and 228, and for the purposes of Section 196, of the Indian Penal Code, 1860(45 of 1860) and the Tribunal shall be deemed to be a civil court for all the purposes of Section 195and Chapter XXVI of the Code of Criminal Procedure. 1973 (2 of 1974).
SECTION 17: CONDITIONS AS TO MAKING OF INTERIM ORDER
Notwithstanding anything contained in any other provision of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceeding relating to, an application or appeal unless—
(a) copies of such application or appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or appeal is preferred; and
(b) opportunity is given to such party to be heard in the matter : Provided that the Tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant or the appellant, as the case may be; which cannot be adequately compensated in money; but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order.
SECTION 18: EXECUTION OF ORDERS OF TRIBUNAL
(1) An order passed by the Tribunal under this Act shall be executable by the Tribunal as a decree of a civil court, and for this purpose, the Tribunal shall have all the powers of the civil court.
(2) Notwithstanding anything contained in sub-section (1), the Tribunal may transmit any order made by it to the civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.
SECTION 19: LIMITATION
Every appeal to the Tribunal under this Act shall be preferred within a period of sixty days from the date on which the order appealed against has been made : Provided that an appeal may be admitted after the expiry of the said period of sixty days. if the appellant satisfies the Tribunal that he had sufficient cause for not preferring the appeal within the specified period.
SECTION 20: APPOINTMENT OF OFFICERS TO ACT ON BEHALF OF HIGHWAY ADMINISTRATION
(1) The Highway Administration may, if it thinks fit after the approval of the Central Government, by notification in the Official Gazette, appoint such—
(a) gazetted officer of the Central Government; or
(b) gazetted officer of the State Government; or
(c) officer of the National Highways Authority of India constituted under Section 3 of the National Highways Authority of India Act, 1988(68 of 1988) or any other authority constituted under any other enactment, equivalent to a gazetted officer of the Central Government or the State Government to exercise such powers and discharge such functions of the Highway Administration as ma) be specified in the notification.
(2) The Highway Administration may specify in the notification under sub-section (1). the limits of the Highway within which or the length of the Highway on which an officer appointed under that sub-section shall exercise the powers and discharge the functions.
SECTION 21: DELEGATION OF POWERS
The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it (except the powers conferred by Section 50) under this Act shall, subject to such conditions, if any, as may be specified in the notification, be exercisable by a State Government or any other authority or an officer of the State Government as may be specified in the notification.
SECTION 22: POWER TO TRANSFER JURISDICTION
The Central Government may, at any time, by notification in the Official Gazette, transfer the jurisdiction of a Highway Administration defined under clause (b) of sub-section (1) of Section 3-to other Highway Administration, and on the transfer the Highway Administration shall cease to have and such other Highway Administration shall, subject to the conditions, if any, specified in the notification, have all the powers and authority exercisable by the Highway Administration before such transfer of jurisdiction.
CHAPTER 03: PREVENTION OF UNAUTHORISED OCCUPATION OF HIGHWAY LAND AND THEIR REMOVAL
SECTION 23: HIGHWAY LAND TO BE DEEMED AS PROPERTY OF CENTRAL GOVERNMENT
(1) All lands forming parts of a Highway which vest in the Central Government or which do not already vest in the Central Government but have been acquired for the purpose of Highway shall, for the purposes of this Act, and other Central Acts, be deemed to be the property of the Central Government as owner thereof.
(2) The Highway Administration shall cause to be maintained a record in the prescribed manner in which the particulars of the lands, relating to the Highway, of which the Central Government is the owner shall be entered and the entries of the particulars of such lands in any record maintained for such purpose before the commencement of this Act shall be deemed to be the entry of the particulars of such lands made in the first said record and accordingly the Central Government shall be deemed to be the owner of the lands regarding which the entries have been made in such records maintained before the commencement of this Act.
(3) Any person claiming against the ownership of the Central Government referred to in subsection (2) shall make written complaint to the Highway Administration and prove his claim before it and the Highway Administration, after considering the evidence produced by such person, may correct such records or reject the claim.
SECTION 24: PREVENTION OF OCCUPATION OF HIGHWAY LAND
(1) No person shall occupy any highway land or discharge any material through drain on such land without obtaining prior permission, for such purpose in writing, of the Highway Administration or any officer authorised by such Administration in this behalf.
(2) The Highway Administration or the officer authorised under sub-section (1) may, on an application made by a person in this behalf and having regard to the safety and convenience of traffic, grant permission to such person—
(i) to place a movable structure on the Highway in front of any building owned by him or to make a movable structure on support of such building and over the Highway, or
(ii) to put up a temporary lawning or tent or other similar construction or a temporary stall or scaffolding on the Highway, or
(iii) to deposit or cause to be deposited, building materials, goods, for sale or other articles on any Highway, or
(iv) to make a temporary excavation for carrying out any repairs or improvements to adjoining buildings. And such permission shall be granted subject to the conditions and on payment of the rent and other charges by issuing permit in the form as may be prescribed
Provided that no such permission shall be valid beyond a period of one month at a time from the date on which the permission has been granted unless it is renewed by the Highway Administration or such officer on an application made by such person for the renewal of the permission.
(3) The permission granted under sub-section (2) shall specify therein—
(i) the time up to which the permission is granted;
(ii) the purpose of such permission;
(iii) the portion of the Highway in respect of which the permission has been granted, and shall be accompanied with a plan or sketch of such portion of Highway.
(4) The person, to whom the permit has been issued under sub-section (2), shall produce the permit for inspection whenever called upon to do so by any officer of the Highway Administration and shall, on the expiry of the permission granted under such permit, restore the portion of the Highway specified in the permit in such condition as it was immediately before the issuing of such permit and deliver the possession of such portion to the Highway Administration.
(5) The Highway Administration or the officer issuing the permit under sub-section (2) shall maintain a complete record of all such permits issued, and shall also ensure in every case at the expiration of the period up to which the permission under a permit is granted under that subsection that the possession of the portion of the Highway in respect of which such permission was granted has been delivered to the Highway Administration.
SECTION 25: GRANT OF LEASE OR LICENCE OF HIGHWAY LAND FOR TEMPORARY USE
The Highway Administration or the officer authorised by such Administration in this behalf may, having regard to the safety and convenience of traffic and subject to such conditions as may be prescribed and on payment of prescribed rent or other charges, grant lease or licence of highway land to a person for temporary use :
Provided that no such lease shall be valid for more than five years at a time from the date on which such lease has been granted unless renewed by the Highway Administration or such officer.
SECTION 26: REMOVAL OF UNAUTHORISED OCCUPATION
(1) Where the Highway Administration or the officer authorised by such Administration in this behalf is of the opinion that it is necessary in the interest of traffic safety or convenience to cancel any permit issued under sub-section (2) of Section 24-, it may, after recording the reasons in writing for doing so. cancel such permit and, thereupon, the person to whom the permission was granted shall, within the period specified by an order made by the Highway Administration or such officer restore the portion of the Highway specified in the permit in such condition as it was immediately before the issuing of such permit and deliver the possession of such portion to the Highway Administration and in case such person fails to deliver such possession within such period, he shall be deemed to be in unauthorised occupation of highway land for the purposes of this section and Section 27-.
(2) When, as a result of the periodical inspection of highway land or otherwise, the Highway Administration or the officer authorised by such Administration in this behalf is satisfied that any unauthorised occupation has taken place on highway land, the Highway Administration or the officer so authorised shall serve a notice in a prescribed form on the person causing or responsible for such unauthorised occupation requiring him to remove such unauthorised occupation and to restore such highway land in its original condition as before the unauthorised occupation within the period specified in the notice.
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