The land acquisition process for national highway (NH) construction and reduce unnecessary expenses, the Ministry of Road Transport and Highways (MoRTH) has proposed a series of amendments to the National Highways Act, 1956. These changes aim to expedite highway projects and improve the overall efficiency of acquiring land, a major hurdle in the completion of many infrastructure developments.
One of the key amendments is the introduction of a new clause in Section 3D, which deals with the declaration of land acquisition by the central government. Under this proposed clause, land that has been acquired but remains unused for five years or where a highway project becomes unfeasible within the same time frame will be eligible to be returned to the original owner or their legal heirs. This move is expected to not only prevent the accumulation of surplus land but also save government resources by returning unused land back to its rightful owners, who will be compensated for any damage caused. According to Ministry officials, the government currently holds over 600 hectares of land that were initially acquired for highway projects but later deemed unviable. The absence of a provision to return this land under the existing law has left the government with no option but to retain it, even though it no longer serves any practical purpose.
The proposed amendment will offer a more practical approach, allowing the government to return land that is no longer required. However, some road sector experts caution that these changes could increase the pressure on the highways ministry to conduct thorough and diligent land surveys and detailed project reports (DPR) before acquiring land. This will be essential to ensure that land acquired for highway construction is not later deemed unfeasible. The proposed amendments are part of an ongoing effort by MoRTH to update the National Highways Act, which was last amended in 1997. The changes come as part of the government’s commitment to improving infrastructure and enhancing connectivity across the country while reducing inefficiencies in the land acquisition process.
While the amendments address the issues of unused land, further clarity is still awaited regarding the process of recovering compensation from landowners once land is returned.
As the proposal moves forward, it is expected to have a significant impact on both the speed and cost-effectiveness of highway projects in India.
