The Control of National Highways (Land and Traffic) Act, 2002
Administered Ministry: Ministry of Road Transport and Highways
Section
Section 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 date1 as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act.
(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; and different dates may be appointed for different provisions of this Act.
1. 27th January, 2005, vide notification No. S.O. 96(E) dated 27th January, 2005, see Gazette of India, Extraordinary, Part II sec. 3(ii).
Section 2 Definitions.
In this Act, unless the context otherwise requires,--
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(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;
2[(da) “Court” means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction;]
(e) Highway means a National Highway declared as such under section 2 of the National Highways 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;br
(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;
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(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.
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(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;
2[(da) “Court” means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction;]
(e) Highway means a National Highway declared as such under section 2 of the National Highways 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;br
(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;
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(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.
1.Clause (a) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021).
2.Ins. by s. 24, ibid. (w.e.f. 4-4-2021).
3.Clause (l) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021).
2.Ins. by s. 24, ibid. (w.e.f. 4-4-2021).
3.Clause (l) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021).
Section 3 Establishment of Highway Administrations. 6 docs
1[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.
(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.
1. Subs. by s. 167, ibid., for the Heading (w.e.f. 26-5-2017).
Section 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.
Section 5 Establishment of Tribunals. 4 docs
Omitted by the Tribunals Reforms Act, 2021 (33 of 2021), s. 24 (w.e.f. 4-4-2021).
Section 6 Omitted. 4 docs
[Composition of Tribunal.] --Omitted by the Finance Act, 2017 (7 of 2017), s. 167 (w.e.f. 26-5-2017).
Section 7 Omitted.
[Qualifications for appointment as Presiding Officer.] --Omitted by s. 167, ibid. (w.e.f. 26-5-2017).
Section 8 Omitted.
[Term of office.] --Omitted by s. 167, ibid. (w.e.f. 26-5-2017).
Section 9 Omitted.
[Staff of Tribunal]. --Omitted by s. 167, ibid. (w.e.f. 26-5-2017).
Section 10 Omitted.
[Salary and allowances and other terms and conditions of service of Presiding Officer.] -- Omitted by s. 167, ibid. (w.e.f. 26-5-2017).
Section 11 Omitted.
[Vacancies in Tribuna.] --Omitted by s. 167, ibid. (w.e.f. 26-5-2017).
Section 12 Omitted.
[Resignation and removal.] --Omitted by s. 167, ibid. (w.e.f. 26-5-2017).
Section 13 Omitted.
[Financial and administrative powers of Presiding Officer.] --Omitted by s. 167, ibid. (w.e.f. 26-5-2017).
Section 14 Appeal. 1 docs
1[An appeal from any order passed, or any action taken, excluding issuance or serving of notices, 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, shall lie to the Court.]
1. Subs. by Act 33 of 2021, s. 24, for section 14 (w.e.f. 4-4-2021).
Section 15 Bar of jurisdiction.
—Omitted by the Tribunal Reforms Act, 2021 (33 of 2021), s. 24 (w.e.f. 4-4- 2021).
Section 16 Procedure and powers of Tribunal.
Omitted by s. 24, ibid., (w.e.f. 4-4-2021).
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 1[Court] 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 1[Court] has continued the operation of the interim order.
(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 1[Court] 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 1[Court] has continued the operation of the interim order.
1 Subs. by s. 24, ibid., for “Tribunal” (w.e.f. 4-4-2021).
Section 18 Execution of orders of Tribunal.
Omitted by Act the Tribunals Reforms Act, 2021 (33 of 2021), s. 24 (w.e.f. 4-4-2021).
Section 19 Limitation. 1 docs
Every appeal to the 1[Court] 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 1[Court] that he had sufficient cause for not preferring the appeal within the specified period.
Provided that an appeal may be admitted after the expiry of the said period of sixty days, if the appellant satisfies the 1[Court] that he had sufficient cause for not preferring the appeal within the specified period.
1. Subs. by s. 24, ibid., for “Tribunal” (w.e.f. 4-4-2021).
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 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.
(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.