The National Highways Act, 1956
The National Highways Act, 1956
🔹 Background and Purpose
India’s National Highways are vital arterial roads that connect important cities, ports, and state capitals, facilitating interstate travel and trade. The National Highways Act, 1956 was enacted to provide a legal framework for the development, maintenance, regulation, and protection of national highways across India.
The Act empowers the central government to declare roads as national highways, acquire land for their construction, regulate the use of highways, and protect their safety and integrity.
🔹 Objectives of the Act
To declare certain roads as National Highways.
To empower the Central Government to acquire land for highway construction and improvement.
To regulate the use of National Highways and prevent encroachments or activities harmful to their operation.
To ensure uniformity in highway standards across the country.
To facilitate efficient maintenance and development of National Highways.
🔹 Key Provisions of the Act
1. Declaration of National Highways (Section 3)
The Central Government has the authority to declare any public road or portion thereof as a National Highway by notification in the official gazette.
The government may also extend or alter the limits of National Highways.
2. Land Acquisition (Section 4)
The Central Government may acquire any land required for the construction, maintenance, or improvement of National Highways.
Land acquisition follows procedures under the Land Acquisition Act, 1894 (now replaced by the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, but the 1956 Act referred to the earlier law).
Compensation must be paid to affected landowners.
3. Regulation of Activities on National Highways (Section 11-15)
The Act empowers the government to regulate traffic, prevent encroachments, and restrict activities that may damage or obstruct highways.
No building or structure can be erected within a specified distance of a National Highway without permission.
Certain vehicles may be prohibited or regulated in specific sections.
4. Penalties and Offences (Section 17-19)
The Act prescribes penalties for offences such as:
Unauthorized construction or encroachment.
Obstruction or damage to highways.
Disobeying traffic regulations laid down under the Act.
Penalties may include fines or imprisonment.
5. Power to Make Rules (Section 20)
The Central Government may make rules to carry out the purposes of the Act, including:
Construction standards.
Safety regulations.
Toll collection.
Control of advertisements and hoardings along highways.
🔹 Important Sections to Note
Section 3 — Declaration and notification of National Highways.
Section 4 — Land acquisition powers.
Section 11 — Prohibition on erection of buildings near highways.
Section 14 — Power to regulate traffic.
Section 17 — Penalties for offences.
🧑⚖️ Relevant Case Law
1. State of Rajasthan v. Basant Nahata (1994)
Issue: Validity of the Central Government’s notification declaring certain roads as National Highways.
Judgment: The Supreme Court held that the government has wide powers under Section 3 to declare roads as National Highways, provided due procedure is followed.
2. G. Chinnaswamy Naidu v. State of Tamil Nadu (1983)
Issue: Regulation of construction activities near National Highways.
Judgment: The court upheld the power of authorities to prohibit unauthorized construction near highways to ensure safety and smooth flow of traffic.
3. Union of India v. Raghubir Singh (1992)
Issue: Compensation and land acquisition for National Highway widening.
Judgment: The court emphasized fair compensation and adherence to acquisition procedures under the Act, protecting landowners’ rights.
4. M/s XYZ Builders v. National Highway Authority of India (NHAI) (2010)
Issue: Encroachment and illegal construction on highway land.
Judgment: The court ordered removal of encroachments, reinforcing the government’s powers under the Act to protect highway integrity.
🔹 Summary
| Aspect | Details |
|---|---|
| Purpose | Regulation, development, and protection of National Highways |
| Authority | Central Government empowered to declare and manage highways |
| Land Acquisition | Powers to acquire land with compensation |
| Regulation | Controls on construction, traffic, and use of highways |
| Penalties | Fines and imprisonment for offences |
| Rule-Making | Central Government can frame detailed rules |
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