The Challenges and Opportunities of the National Highway Act 1956 for India's Development and Environment

# Outline of the article Heading Subheading --- --- H1: What is the National Highway Act 1956? - Introduction: A brief overview of the act and its purpose. - History: A summary of how and why the act was enacted. - Scope: A description of the highways covered by the act and their importance. H2: How does the act empower the Central Government? - Declaration: A explanation of how the Central Government can declare any highway to be a national highway. - Acquisition: A discussion of how the Central Government can acquire land for building, maintaining or operating national highways. - Development and maintenance: A review of how the Central Government can enter into agreements for developing and maintaining national highways. H3: What are the benefits of the act for the public? - Services and facilities: A list of the services and facilities that can be provided on national highways under the act. - Safety and security: A highlight of the measures that can be taken to ensure safety and security on national highways under the act. - Connectivity and mobility: A showcase of how national highways can improve connectivity and mobility across the country under the act. H4: What are the challenges and limitations of the act? - Compensation: A analysis of how compensation is determined and paid for land acquisition under the act. - Enforcement: A evaluation of how enforcement is done for national highways under the act. - Environmental impact: A assessment of how environmental impact is considered and mitigated for national highways under the act. H5: How can the act be improved or amended? - Suggestions: A presentation of some suggestions for improving or amending the act. - Conclusion: A summary of the main points and a call to action for readers. H6: FAQs - Q1: Where can I find a free PDF copy of the National Highway Act 1956? - Q2: How many national highways are there in India as per the act? - Q3: What are some examples of national highways projects under the act? - Q4: What are some rights and responsibilities of users of national highways under the act? - Q5: How can I give feedback or suggestions on national highways under the act? # Article What is the National Highway Act 1956? The National Highway Act 1956 is an act of Parliament that provides for the declaration of certain highways to be national highways and for matters connected therewith. The act empowers the Central Government to take charge of building, maintaining, managing and operating national highways across India. ## Introduction National highways are roads that connect different states, regions, cities or important places in India. They are vital for facilitating trade, commerce, tourism, defense and other activities in the country. National highways also provide services and facilities such as tolls, rest areas, emergency services, etc. to users. The National Highway Act 1956 was enacted to provide a legal framework for declaring, acquiring, developing and maintaining national highways in India. The act also defines the roles and responsibilities of the Central Government, competent authorities, contractors and users in relation to national highways. ## History The need for a uniform and comprehensive legislation for national highways was felt after India gained independence in 1947. The existing laws were inadequate and inconsistent in dealing with various aspects of national highways such as declaration, acquisition, development, maintenance, etc. The Central Road Fund Act 1948 was passed to create a fund for financing road projects in India. However, this act did not specify which roads would be eligible for funding or how they would be classified. The Central Road Fund (Amendment) Act 1952 introduced a classification system for roads in India based on their importance and function. The roads were divided into four categories: - National Highways - State Highways - Major District Roads - Other District and Village Roads The Central Government was given the responsibility of planning and financing national highways, while the state governments were responsible for the other categories of roads. The National Highway Act 1956 was passed to consolidate and amend the law relating to national highways. The act declared certain highways to be national highways and gave the Central Government the power to declare any other highway to be a national highway. The act also gave the Central Government the power to acquire land for building, maintaining, managing or operating national highways. The act also provided for the development and maintenance of national highways through agreements with contractors or other agencies. ## Scope The National Highway Act 1956 covers all the highways that are declared to be national highways by the Central Government. The act also applies to any land that is acquired for the purpose of national highways. The act specifies a list of highways that are declared to be national highways in the Schedule. The list includes highways that connect different states, regions, cities or important places in India. Some examples of national highways are: - NH 1: Delhi-Amritsar - NH 2: Delhi-Kolkata - NH 3: Agra-Mumbai - NH 4: Thane-Chennai - NH 5: Kolkata-Chennai - NH 6: Kolkata-Dhule - NH 7: Varanasi-Kanyakumari - NH 8: Delhi-Mumbai - NH 9: Mumbai-Vijayawada - NH 10: Delhi-Fazilka The Central Government can also declare any other highway to be a national highway by notification in the Official Gazette. The notification shall give a brief description of the highway and its importance. The notification shall also specify the date from which the highway shall be deemed to be a national highway. The Central Government can also omit any highway from the list of national highways by notification in the Official Gazette. The notification shall give a brief reason for omitting the highway and its consequences. The notification shall also specify the date from which the highway shall cease to be a national highway. How does the act empower the Central Government? The National Highway Act 1956 empowers the Central Government to take various actions for declaring, acquiring, developing and maintaining national highways in India. The act gives the Central Government the following powers: ## Declaration The Central Government can declare any highway to be a national highway by notification in the Official Gazette. The notification shall give a brief description of the highway and its importance. The notification shall also specify the date from which the highway shall be deemed to be a national highway. The declaration of a highway as a national highway implies that the Central Government takes over the responsibility of planning, financing, building, maintaining, managing and operating the highway. The declaration also implies that the Central Government has exclusive jurisdiction over the highway and can make rules and regulations for its use and management. ## Acquisition The Central Government can acquire any land that is required for building, maintaining, managing or operating a national highway or part thereof by notification in the Official Gazette. The notification shall declare its intention to acquire such land and give a brief description of it. The competent authority, which is any person or authority authorised by the Central Government, shall then publish the substance of the notification in two local newspapers, one of which will be in a vernacular language. The competent authority shall also cause public notice of the substance of such notification to be given at convenient places in the locality where the land is situated. The competent authority shall then enter upon and survey and take levels of any land in such locality; dig or bore into sub-soil; set out boundaries and intended lines of work; mark such levels, boundaries and lines by placing marks and cutting trenches; do all other acts necessary to ascertain whether the land is suitable for building, maintaining, managing or operating a national highway or part thereof. The competent authority shall also hear and dispose of any objections raised by any person interested in such land within twenty-one days from the date of publication of such notice. If no objections are raised or if they are disposed of satisfactorily, then the competent authority shall submit a report to this effect to the Central Government along with his recommendations on the suitability of such land for building, maintaining, managing or operating a national highway or part thereof. If satisfied with such report and recommendations, then the Central Government shall declare by notification in the Official Gazette that such land is required for building, maintaining, managing or operating a national highway or part thereof. Such declaration shall be conclusive evidence that such land is required for building, maintaining, managing or operating a national highway or part thereof. On publication of such declaration, such land shall vest absolutely in freehold in favour of Central Government free from all encumbrances. ## Development and maintenance The Central Government can enter into agreements with any person or authority for developing and maintaining national highways or any part thereof under the act. The agreements can specify the terms and conditions for such development and maintenance, including the collection and retention of fees for services or benefits rendered on national highways. The Central Government can also issue directions to any person or authority in relation to the development and maintenance of national highways under the act. The directions can include matters such as standards, specifications, designs, alignment, construction, operation, maintenance, safety, security, etc. The Central Government can also appoint any person or authority to supervise, inspect or audit the development and maintenance of national highways under the act. The person or authority so appointed shall have access to all records, documents, accounts, etc. related to such development and maintenance. The Central Government can also make rules for regulating the development and maintenance of national highways under the act. The rules can provide for matters such as classification, numbering, naming, lighting, marking, signposting, etc. of national highways. What are the benefits of the act for the public? The National Highway Act 1956 provides various benefits for the public in relation to national highways in India. The act enables the provision of services and facilities, safety and security, and connectivity and mobility on national highways. ## Services and facilities The act allows the Central Government to provide services and facilities on national highways for users and other persons. The services and facilities can include tolls, rest areas, parking areas, service stations, restaurants, hotels, motels, shops, kiosks, etc. The act also allows the Central Government to levy fees for services or benefits rendered on national highways. The fees can be collected by any person or authority appointed by the Central Government under an agreement or otherwise. The act also allows the Central Government to make rules for regulating the services and facilities on national highways. The rules can provide for matters such as rates of fees, exemptions from fees, collection and accounting of fees, penalties for evasion of fees, etc. ## Safety and security The act empowers the Central Government to take measures to ensure safety and security on national highways. The measures can include installation of traffic signals, speed limit signs, warning signs, guard rails, crash barriers, etc. ## Connectivity and mobility The act facilitates the connectivity and mobility of people and goods across India through national highways. The national highways link different states, regions, cities and important places in India and provide access to various economic, social and cultural opportunities. The act also enables the integration of national highways with other modes of transport such as railways, airports, ports, etc. The national highways also support the defense and security of the nation by providing strategic routes for military and emergency operations. The act also promotes the development of regional and rural areas by connecting them with urban centers and markets. The national highways also foster the tourism and cultural heritage of the country by connecting various tourist attractions and historical sites. What are the challenges and limitations of the act? The National Highway Act 1956 also faces some challenges and limitations in relation to national highways in India. The act has to deal with issues such as compensation, enforcement and environmental impact of national highways. ## Compensation The act provides for the determination and payment of compensation for land acquisition for national highways. The compensation is based on the market value of the land at the date of publication of notification under section 3A or 3D of the act. The competent authority is responsible for determining the amount payable as compensation for land acquisition. The competent authority has to consider various factors such as location, size, shape, use, potential, etc. of the land. The competent authority has to give an opportunity to persons interested in such land to make representations on the amount payable as compensation. The competent authority has to make an award within one year from the date of publication of notification under section 3A or 3D of the act. The Central Government has to deposit the amount payable as compensation in a designated account within a period of three months from the date of award by the competent authority. The amount deposited has to be paid to persons entitled to such compensation within a period of three months from the date of deposit. However, there are some challenges and limitations in relation to compensation for land acquisition under the act. Some of them are: - The market value of land may not reflect its true worth or potential for persons interested in such land. - The compensation may not be adequate or fair for persons affected by land acquisition. - The compensation may not be paid in a timely or transparent manner. - The compensation may be subject to disputes or litigation by persons aggrieved by land acquisition. - The compensation may not include other costs or losses incurred by persons due to land acquisition such as relocation, rehabilitation, livelihood, etc. ## Enforcement The act provides for the enforcement of national highways under the Central Government. The Central Government can issue directions to any person or authority in relation to national highways under the act. The Central Government can also make rules for regulating national highways under the act. ## Environmental impact The act has to consider the environmental impact of national highways on the natural and human environment. The environmental impact can include effects on air quality, water quality, noise levels, wildlife habitats, biodiversity, cultural heritage, etc. The act requires the Central Government to obtain environmental clearance from the Ministry of Environment and Forests for any project involving national highways under the act. The environmental clearance process involves conducting an environmental impact assessment (EIA) and obtaining public consultation and expert appraisal. The act also requires the Central Government to take measures to mitigate or minimize the adverse environmental impact of national highways under the act. The measures can include adopting eco-friendly designs, using green materials, implementing pollution control devices, restoring vegetation, etc. However, there are some challenges and limitations in relation to environmental impact of national highways under the act. Some of them are: - The environmental clearance process may be time-consuming, costly and complex. - The environmental impact assessment may not be comprehensive, accurate or transparent. - The public consultation and expert appraisal may not be inclusive, participatory or independent. - The mitigation measures may not be effective, adequate or sustainable. - The environmental impact may not be monitored, evaluated or reported. How can the act be improved or amended? The National Highway Act 1956 has been amended several times since its enactment to address various issues and challenges related to national highways in India. Some of the major amendments are: - The National Highways Authority of India Act 1988: This act established the National Highways Authority of India (NHAI) as an autonomous body under the Ministry of Road Transport and Highways to develop, maintain and manage national highways and other highways entrusted to it by the Central Government. - The National Highways (Amendment) Act 1995: This act empowered the NHAI to levy fees for services or benefits rendered on national highways under its jurisdiction and to enter into agreements with private parties for developing and maintaining national highways under a build-operate-transfer (BOT) model. - The National Highways (Amendment) Act 1997: This act empowered the NHAI to enter into agreements with state governments or state road transport corporations for developing and maintaining national highways under a build-operate-transfer (annuity) model. - The National Highways (Amendment) Act 2013: This act empowered the NHAI to enter into agreements with private parties for developing and maintaining national highways under a hybrid annuity model. However, there is still scope for improving or amending the act to address some of the current and future challenges and opportunities related to national highways in India. Some of the suggestions are: - To revise and update the list of national highways in accordance with the changing needs and priorities of the country. - To enhance and diversify the sources of funding for national highways through public-private partnerships, tolls, bonds, etc. - To streamline and simplify the processes for land acquisition, environmental clearance, contract awarding, etc. for national highways projects. - To adopt and implement best practices for quality standards, safety norms, technology innovations, etc. for national highways projects. - To promote and protect the social and environmental interests of affected communities and stakeholders in relation to national highways projects. Conclusion The National Highway Act 1956 is a landmark legislation that has transformed the road infrastructure and transportation system of India. The act has enabled the creation of a vast network of national highways that connect different parts of the country and provide various benefits for the public. However, the act also faces some challenges and limitations that need to be addressed through periodic review and amendment. The act needs to balance the competing demands of development and conservation, efficiency and equity, growth and sustainability in relation to national highways. FAQs Here are some frequently asked questions and answers about the National Highway Act 1956: - Q1: Where can I find a free PDF copy of the National Highway Act 1956? - A1: You can find a free PDF copy of the National Highway Act 1956 on the website of the Ministry of Road Transport and Highways at https://morth.nic.in/sites/default/files/notifications_document/NH_Act_1956.pdf - Q2: How many national highways are there in India as per the act? - A2: As per the act, there are 228 national highways in India with a total length of 1,32,499 km as of March 2020. However, this number may change due to declaration or omission of highways by the Central Government from time to time. - Q3: What are some examples of na