Arbitration File MORTH

## Report on Notification Regarding Appointment of Arbitrators under the National Highways Act, 1956 **1. Executive Summary:** This report analyzes a notification (S.O. 2710(E)) issued by the Ministry of Road Transport and Highways, Government of India, dated June 13, 2022. The notification pertains to the appointment of Arbitrators under Section 3G of the National Highways Act, 1956. This notification designates specific officers as arbitrators for dispute resolution related to land acquisition for national highway projects within defined geographical jurisdictions. The key finding is that this notification establishes the designated arbitrators and their areas of responsibility, ensuring a formal mechanism for addressing grievances related to compensation and other land acquisition matters. **2. Introduction:** This report aims to provide a comprehensive overview of a notification issued by the Ministry of Road Transport and Highways regarding the appointment of arbitrators under the National Highways Act, 1956, based solely on the provided text. The report outlines the policy's objective, key provisions, target audience, and expected outcomes. **3. Policy Overview:** * This notification relates to the National Highways Act, 1956. * **Core Objective(s):** To appoint arbitrators to handle disputes related to land acquisition for national highway projects, as mandated by Section 3G of the National Highways Act, 1956. This ensures a legal framework for fair and efficient dispute resolution. **4. Background and Rationale:** The National Highways Act, 1956, provides the legal framework for acquiring land for the development and maintenance of national highways. Disputes often arise regarding compensation and other aspects of land acquisition. Section 3G of the Act provides for arbitration in such cases. This notification likely addresses the need to have designated arbitrators readily available to handle these disputes, ensuring timely resolution and preventing project delays. Without designated arbitrators, dispute resolution could be ad-hoc and inefficient. **5. Key Provisions / Changes:** This is a new policy related to appointment of arbitrators and not an amendment. The key provision of this notification is the official appointment of specific individuals as arbitrators. * The notification explicitly appoints "Collector cum District Magistrates" of Jagatsinghpur and Jajpur districts in Odisha as arbitrators. * The arbitrators' powers and duties are defined by the National Highways Act, 1956, specifically Section 3G. * The arbitrators' jurisdiction is limited to their respective revenue districts: Jagatsinghpur and Jajpur in Odisha. * The arbitrators are required to consider Sub Sections 6 & 7 of Section 3G of the Act while passing awards. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders affected by this notification include: * Landowners in the Jagatsinghpur and Jajpur districts of Odisha whose land is being acquired for national highway projects. * The appointed arbitrators (Collector cum District Magistrates of Jagatsinghpur and Jajpur). * The National Highways Authority of India (NHAI) or other implementing agencies involved in national highway projects in these districts. * Legal professionals involved in land acquisition disputes. **7. Implementation Aspects (Inferred):** * **Responsible Agency:** The Ministry of Road Transport and Highways is the issuing authority. The appointed arbitrators are responsible for conducting arbitration proceedings within their jurisdictions. * **Procedures:** The notification references Section 3G of the National Highways Act, 1956, which outlines the procedures for arbitration. Specifically sub sections 6 & 7 of Section 3G need to be considered while passing awards. The notification itself does not specify additional procedures. * **Timelines:** The notification does not specify any timelines for the arbitration process. These are likely governed by the National Highways Act, 1956, and related regulations. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of this notification are: * **Efficient Dispute Resolution:** Expedited resolution of disputes related to land acquisition, reducing delays in national highway projects. * **Fair Compensation:** Ensuring landowners receive fair compensation for their land, as determined through an impartial arbitration process. * **Reduced Litigation:** Minimizing the need for court intervention by providing a readily available arbitration mechanism. * **Transparency and Accountability:** Creating a more transparent and accountable land acquisition process. **9. Conclusion:** The notification S.O. 2710(E) is a crucial step in facilitating land acquisition for national highway projects in Jagatsinghpur and Jajpur districts of Odisha. By appointing designated arbitrators, the Ministry of Road Transport and Highways aims to ensure efficient dispute resolution, fair compensation, and timely project completion. This notification reinforces the legal framework established by the National Highways Act, 1956, and promotes a more transparent and accountable land acquisition process.

Key Entities Referenced