The Control of National Highways (Land and Traffic) Act, 2002

(1) This Act may be called the Control of National Highways (Land and Traffic) Act, 2002. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint; and different dates may be appointed for different provisions of this Act.

In this Act, unless the context otherwise requires,-- 1*** (b) building means any work of construction done in any manner by use of any material andincludes a farm building for agricultural purposes, plinth, doorstep, wall, drain, advertisement boardand other things fixed with such building; (c) construct, with its grammatical variations, in relation to a building, means to construct,reconstruct, erect, re-erect, extend or alter structurally a building; (d) cost of land means the market value of the land as determined by the competent authority ofthe State Government or the Government of the Union territory appointed for such determination, asthe case may be; 2[(da) “Court” means the principal Civil Court of original jurisdiction in a district, and includesthe High Court in exercise of its ordinary original civil jurisdiction;] (e) Highway means a National Highway declared as such under section 2 of the NationalHighways Act, 1956 (48 of 1956) and includes any Expressway or Express Highway vested in theCentral Government, whether surfaced or unsurfaced, and also includes-- (i) all lands appurtenant to the Highway, whether demarcated or not, acquired for the purposeof the Highway or transferred for such purpose by the State Government to the CentralGovernment; (ii) all bridges, culverts, tunnels, causeways, carriageways and other structures constructed onor across such Highway; and (iii) all trees, railings, fences, posts, paths, signs, signals, kilometre stone and other Highwayaccessories and materials on such Highways; (f) Highway Administration means the Highway Administration established under section 3; (g) highway land means the land of which the Central Government is, or is deemed to be, theowner under sub-section (1) of section 23; (h) land includes benefits arising out of land and things attached to the earth or permanentlyfastened to anything attached to the earth; (i) means of access means any permanent means of access, whether private or public, forvehicles of any kind;br(j) premises means any land or building or part of a building and includes-- (i) the garden, grounds and outhouses, if any, appertaining to such building or part of abuilding; and (ii) any fittings affixed to such building or part of a building for the more beneficialenjoyment thereof; (k) prescribed means prescribed by rules made under this Act; 3*** (m) unauthorised occupation means any occupation of the highway land, without permissionunder this Act for such purpose, by a person who-- (i) is trespasser on the Highway; or (ii) for the time being is paying or is liable to pay to other person rent or any portion of therent of the premises on a Highway; or (iii) lives in or otherwise uses any premises on a Highway; or (iv) is a rent-free tenant of any premises on a Highway; or (v) is a licensee of any premises on a Highway for its possession; or (vi) is liable to pay damages to the owner of any premises on a Highway for the use orpossession of such premises; (n) vehicle means a barrow, sledge, plough, drag and any wheeled or tracked conveyance ofany description capable of being used on a Highway.

1[3. Establishment of Highway Administrations.]--(1) The Central Government shall, by notificationin the Official Gazette,-- (a) establish, for the purposes of this Act, a body or authority consisting of one or more officersof the Central Government or the State Government to be known as Highway Administration toexercise powers and discharge functions conferred on it under this Act; and (b) define the limits of the Highway within which, or the length of Highway on which, a HighwayAdministration shall have jurisdiction: Provided that the Central Government may, in the notification issued under this sub-section or byany general or special order, impose any condition or limitation subject to which a HighwayAdministration shall exercise powers and discharge functions conferred on it under this Act. (2) The Central Government may establish one or more Highway Administrations for a State orUnion territory or for a Highway under sub-section (1). (3) Subject to the provisions of this Act, the Highway Administration shall exercise powers anddischarge functions conferred on it under this Act in such manner as may be prescribed.

A Highway Administration shall exercisepowers and discharge functions throughout its jurisdiction specified under this Act subject to suchconditions or limitations as may be imposed by the notification issued under sub-section (1) of section 3and by any general or special order made in this behalf by the Central Government.

Omitted by the Tribunals Reforms Act, 2021 (33 of 2021), s. 24(w.e.f. 4-4-2021).