All about Control of National Highways (Land & Traffic) Act, 2002 By: Trishala Singh

The Author, Trishala Singh is pursuing LLM from Amity University, Noida. She is currently interning with LatestLaws.com.

Q1. What is the objective of the act?

Ans. The main objective of the act is -

• to provide for control of land within the National Highways
• right of way and traffic moving on the National Highway
• removal of unauthorized occupation

Q2. What is an unauthorized occupation?

Ans. Any occupation of the highway land without a permission, a person who—

• is trespasser
• licensee
• rent-free tenant
• uses or lives on any premises
• liable to pay damages to the owner of any premises
• is paying or liable to pay rent

On the Highway

Q3. When was the act enacted?

Ans. The act was enacted by the Parliament in the 53^rd year of the Republic.

Q4. How the act is administered?

Ans. Through Highway administrator and Tribunal.

Q5. What are the Qualifications for appointment as a Presiding Officer?

Ans. Qualified to be a High Court Judge and a member of Indian Legal Service.

Q6. What is the term of Presiding Officer?

Ans. Till the age of 62 years.

Q7. What is the bar on Jurisdiction?

Ans. Except Supreme Court and High Court to exercise Jurisdiction under Articles 226 & 227 of the Constitution of India.

Q8. What is the Procedure and powers of tribunal?

Ans. It shall not be bound by Civil Procedure Code, 1908 but would be governed by principles of natural justice.

It would be expected to dispose of appeals within 4 months.

The following are the powers of the tribunal :-

a) summoning, enforcing the attendance, examination on oath of any person

(b) discovery and production and examination of documents;

(c) evidence on affidavits;

(d) issuing commissions for examination of witnesses

(e) reviewing its decisions;

(f) dismissing an appeal or application for default or deciding it ex parte;

(g) setting aside any ex parte orders

(h) any other matter which may be prescribed.

Q9. What is the limitation of appeal?

Ans. 60 days.

Q10. What is the right to access?

Ans. No person have the right to access either on foot or vehicle unless permitted by the Highway administration.

Q11. Can the Highway be temporary closed?

Ans. Yes, under section 31 & 32 as deemed fit by highway administration.

Q12. What are the offence and penalties under the act?

Ans. Imprisonment up to 1 year with fine of one thousand rupees per sq.mtr occupied land.

Q13. What is the power to remove difficulties?

Ans. No, order to be made after expiry of 3 years.