Control of National Highways (Land and Traffic) Act, 2002

For control of land within the National Highways in India, right of way and traffic moving on the National Highways.

Control of National Highways (Land and Traffic) Act, 2002

[Act 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 I

PRELIMINARY

1. Short title, extent and commencement.

1. 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.

[Editor’s Note: This Act came into force w.e.f. 27-1-2005.]

Other Contents of Control of National Highways (Land and Traffic) Act, 2002​
Sections 1 to 22 Sections 23 to 37 Sections 38 to 50

2. Definitions.

2. 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 State 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;

[i][(l) “Tribunal” means the Airport Appellate Tribunal referred to in sub-section (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 2

[ii][HIGHWAYS ADMINISTRATION AND TRIBUNALS, ETC.]

3. Establishment of Highway Administrations.

3. 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 sub-section 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.

4. Powers and functions of Highway Administration.

4. 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.

5. Establishment of Tribunals.

5. Establishment of Tribunals.— [iii][(1) The Airport Appellate Tribunal established under Section 28-I of the Airports Authority of India Act, 1994 (55 of 1994) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Tribunal for the purposes of this Act and the said Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.]

(2) The Central Government [iv][shall specify, by notification in the Official Gazette], 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.

6. Composition of Tribunal.

6. Composition of Tribunal.— [v][* * *]

7. Qualifications for appointment as Presiding Officer.

7. Qualifications for appointment as Presiding Officer.— [vi][* * *]

8. Term of office.

8. Term of office.— [vii][* * *]

9. Staff of Tribunal.

9. Staff of Tribunal.— [viii][* * *]

10. Salary and allowances and other terms and conditions of service of Presiding Officer.

10. Salary and allowances and other terms and conditions of service of Presiding Officer.— [ix][* * *]

11. Vacancies in Tribunal.

11. Vacancies in Tribunal.— [x][* * *]

12. Resignation and removal.

12. Resignation and removal.— [xi][* * *]

13. Financial and administrative powers of Presiding Officer.

13. Financial and administrative powers of Presiding Officer.— [xii][* * *]

14. Jurisdiction, powers and authority of Tribunal.

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.

15. Bar of jurisdiction.

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.

16. Procedure and powers of Tribunal.

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 as 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 193 and 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 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

17. Conditions as to making of interim order.

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.

18. Execution of orders of Tribunal.

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.

19. Limitation.

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.

20. Appointment of officers to act on behalf of Highway Administration.

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 may 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.

21. Delegation of powers.

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.

22. Power to transfer jurisdiction.

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.

[disclaimer]