1
Short title and
commencement.
THE NATIONAL HIGHWAYS (AMENDMENT) BILL, 2017
By
DR. KIRIT PREMJIBHAI SOLANKI, M.P.
A
BILL
further to amend National Highways Act, 1956.
BE it enacted by Parliament in the Sixty-eighth year of the Republic of India as
follows:—
1. (1) This Act may be called the National Highway (Amendment) Act, 2017.
(2) It shall come into force on such date as the Central Government, may by notification
in the Official Gazette, appoint.
Bill No. 24 of 2017
5
AS INTRODUCED IN LOK SABHA
2
2. After section 3D of the National Highway Act, 1956, the following section shall be
inserted, namely:—
"3DA. Where the competent authority at any stage finds that any land or portion
thereof acquired under section 3D for the purpose mentioned in sub-section (1) of
section 3A is either under incorrect revenue record or not required due to change in
geometry or alignment, it shall, as soon as may be, submit a report accordingly to the
Central Government and the Central Government shall, on receipt of such report, by
notification in the Official Gazette, de-notify such land or portion thereof.
Explanation.— For the purpose of this section, the expression ‘competent authority’
means the chairperson of the National Highway Authority of India.".
Insertion of
new section
3DA.
Denotification
of land
declared for
acquisition.
48 of 1956.
5
10
STATEMENT OF OBJECTS AND REASONS
At present, where after declaration of notification under section 3D of National
Highways Act, 1956, if at any stage, the competent Authority realizes that the land acquired
is no more useful for the highway, there is no legal provision to de-notify such land. Therefore,
such land can not be handed over back to land losers. As per figures, more than 5000 hectare
of idle land is lying with the National Highway Authority of India.
Once the declaration for acquisition of land is published under section 3D and
subsequently if the competent authority realizes that this land is not required for highway,
the same could not be de-notified due to absence of any legal provision with the competent
Authority to de-notify such land which ultimately affects the innocent common land losers
and farmers. It is the statutory duty of the competent Authority specified by the Central
Government to find the way to save the innocent farmers by returning the acquired land if it
is not required for development.
The Bill, therefore, seeks to amend the National Highways Act, 1956 with a view to
provide for de-notification of the land declared to be acquired by the Central Government for
the purpose of building, maintenance, management or operation of a national highway but is
either under incorrect revenue record or not required due to change in geometry or alignment.
Hence this Bill.
NEW DELHI; KIRIT PREMJIBHAI SOLANKI
January 13, 2017.
3
LOK SABHA
————
A
BILL
further to amend National Highways Act, 1956.
————
(Dr. Kirit Premjibhai Solanki, M.P.)
GMGIPMRND—4156LS(S3)—03-03-2017.
Short title and
commencement.
THE NATIONAL HIGHWAYS (AMENDMENT) BILL, 2017
By
DR. KIRIT PREMJIBHAI SOLANKI, M.P.
A
BILL
further to amend National Highways Act, 1956.
BE it enacted by Parliament in the Sixty-eighth year of the Republic of India as
follows:—
1. (1) This Act may be called the National Highway (Amendment) Act, 2017.
(2) It shall come into force on such date as the Central Government, may by notification
in the Official Gazette, appoint.
Bill No. 24 of 2017
5
AS INTRODUCED IN LOK SABHA
2
2. After section 3D of the National Highway Act, 1956, the following section shall be
inserted, namely:—
"3DA. Where the competent authority at any stage finds that any land or portion
thereof acquired under section 3D for the purpose mentioned in sub-section (1) of
section 3A is either under incorrect revenue record or not required due to change in
geometry or alignment, it shall, as soon as may be, submit a report accordingly to the
Central Government and the Central Government shall, on receipt of such report, by
notification in the Official Gazette, de-notify such land or portion thereof.
Explanation.— For the purpose of this section, the expression ‘competent authority’
means the chairperson of the National Highway Authority of India.".
Insertion of
new section
3DA.
Denotification
of land
declared for
acquisition.
48 of 1956.
5
10
STATEMENT OF OBJECTS AND REASONS
At present, where after declaration of notification under section 3D of National
Highways Act, 1956, if at any stage, the competent Authority realizes that the land acquired
is no more useful for the highway, there is no legal provision to de-notify such land. Therefore,
such land can not be handed over back to land losers. As per figures, more than 5000 hectare
of idle land is lying with the National Highway Authority of India.
Once the declaration for acquisition of land is published under section 3D and
subsequently if the competent authority realizes that this land is not required for highway,
the same could not be de-notified due to absence of any legal provision with the competent
Authority to de-notify such land which ultimately affects the innocent common land losers
and farmers. It is the statutory duty of the competent Authority specified by the Central
Government to find the way to save the innocent farmers by returning the acquired land if it
is not required for development.
The Bill, therefore, seeks to amend the National Highways Act, 1956 with a view to
provide for de-notification of the land declared to be acquired by the Central Government for
the purpose of building, maintenance, management or operation of a national highway but is
either under incorrect revenue record or not required due to change in geometry or alignment.
Hence this Bill.
NEW DELHI; KIRIT PREMJIBHAI SOLANKI
January 13, 2017.
3
LOK SABHA
————
A
BILL
further to amend National Highways Act, 1956.
————
(Dr. Kirit Premjibhai Solanki, M.P.)
GMGIPMRND—4156LS(S3)—03-03-2017.
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