THE PROCESS OF LAND ACQUISITION

Land required by MORTH for National Highway projects is acquired under the provisions
contained in Section 3 of the National Highways (NH) Act 1956. The Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
(RFCTLARR) Act, 2013, became applicable to the other related acts mentioned in the Fourth
Schedule, including the NH Act, 1956 w.e.f. 01.01.2015 in terms of Section 105(3) of the
RFCTLARR Act of 2013.

Competent authority (CALA) is defined under Section 3(a).

Under Section 3A, the Central Government may declare its intention to acquire land
(defined under Section 3(b)). This notification will give a brief description of the land and
shall cause the substance of the notification to be published in two local newspapers, one of
which is in vernacular language.

Section 3B gives the person authorized by the Central Government, authority to conduct
inspection, survey, measurement etc.

Any person who is interested in the land may within 21 days from the date of publication of
the notification under Section 3A, submit his objections under Section 3C. These objections
have to be made to the competent authority in writing and shall state the grounds thereof.
After giving a proper opportunity of being heard, competent authority may either allow or
disallow the objections.

Under Section 3D, if no objections have been made, or the objections have been
disallowed; the competent authority may submit a report to the Central Government and on
receipt of such report the government shall declare by notification in the official gazette that
the land should be acquired under Section 3A. Where in respect of a land, a notification has
been published under Section 3A but no declaration has been published within 1 year from
the date of publication, the notification shall cease to have any effect.

Section 3E has vested the power in the competent authority to issue a notice in writing,
directing the owner as well as any other person who may be in possession of the land to
surrender or deliver possession of the land to the competent authority or any other
authorized person within 60 days. It also lays down the steps to be followed if the same is
refused.

Section 3F gives the lawful person authorized by the Central Government, authority to enter
and perform other necessary acts upon the land for carrying out the building, maintenance,
management or operation of the national highway or a part thereof, or any other work
connected with it.

Section 3G and 3H lay down the procedure for the determination and the deposit of the
amount of compensation payable.

Section 3I gives the competent authority certain powers of a civil court and Section
3J states that Land Acquisition Act, 1894 shall not apply to the acquisition under this Act.
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Notifications:

3(a)