Arbitrator File

## Policy Analysis Report: Appointment of Arbitrator under National Highways Act, 1956 **1. Executive Summary:** This report analyzes a notification issued by the Ministry of Road Transport and Highways, Government of India, published in the Gazette of India on June 22, 2021. This notification appoints an Arbitrator for specific revenue districts within Jammu and Kashmir under Section 3G of the National Highways Act, 1956. The core purpose is to facilitate dispute resolution related to land acquisition or compensation determination concerning National Highway projects within the specified jurisdictions. The key finding is the appointment of a Divisional Commissioner as the Arbitrator for Doda, Kishtwar, and Udhampur revenue districts. **2. Introduction:** This report provides an informative analysis of the notification S.O. 2473(E), published in the Gazette of India on June 22, 2021, regarding the appointment of an Arbitrator under the National Highways Act, 1956. The analysis is based solely on the provided text of the notification. **3. Policy Overview:** * This notification pertains to the National Highways Act, 1956. * **Core Objective:** The core objective, as inferred from the text, is to appoint an Arbitrator to resolve disputes related to compensation and land acquisition for National Highway projects, as provisioned under Section 3G of the National Highways Act, 1956. **4. Background and Rationale:** * **Likely Problem/Issue Addressed:** The notification suggests a need for efficient and localized dispute resolution mechanisms related to land acquisition for National Highway projects. Appointing an arbitrator is necessary for implementing projects requiring land acquisition. **5. Key Provisions / Changes:** * This is a new appointment, not an amendment to existing legislation. * **Main Provision:** The notification specifically appoints the Divisional Commissioner as the Arbitrator. * The Officer mentioned in column 2 of the table is appointed to be Arbitrator for the purpose of subsection 5 of Section 3G of the National Highways Act, 1956. * The Arbitrator shall exercise the powers conferred and perform the duties imposed on them under the Act within the local limits of their respective jurisdiction as specified in column 3 and 4 of the table. * The arbitrator must consider Sub Sections 6 and 7 of Section 3G of the Act while making awards. * **Details:** The Divisional Commissioner is appointed as the Arbitrator for the revenue districts of Doda, Kishtwar, and Udhampur within the Union Territory of Jammu and Kashmir. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders include: * Landowners within the Doda, Kishtwar, and Udhampur districts whose land is being acquired for National Highway projects. * National Highways Authority of India (NHAI) or the National Highways and Infrastructure Development Corporation Limited (NHIDCL) responsible for National Highway development in the region. * The appointed Divisional Commissioner who now holds the responsibility of Arbitrator. **7. Implementation Aspects (Inferred):** * **Responsible Agency:** The Ministry of Road Transport and Highways is the overseeing body, as indicated by the notification's origin. The Divisional Commissioner is directly responsible for acting as the Arbitrator. * **Jurisdiction:** The jurisdiction of the Arbitrator is limited to the revenue districts of Doda, Kishtwar, and Udhampur. * **Procedure:** While the notification doesn't explicitly outline the procedure, it references Section 3G of the National Highways Act, 1956, and directs the Arbitrator to consider sub-sections 6 and 7 of Section 3G, which likely contain provisions governing the arbitration process. **8. Expected Outcomes / Impact of Changes:** * **Likely Intended Outcomes:** The appointment of the Arbitrator is expected to: * Expedite the resolution of disputes related to land acquisition and compensation. * Ensure fair and just compensation to landowners affected by National Highway projects. * Facilitate smoother implementation of National Highway development in the region. **9. Conclusion:** The notification S.O. 2473(E) issued by the Ministry of Road Transport and Highways is a significant step towards streamlining dispute resolution processes related to land acquisition for National Highway projects within the Doda, Kishtwar, and Udhampur districts of Jammu and Kashmir. By appointing a dedicated Arbitrator, the government aims to ensure fairness, transparency, and efficiency in the compensation process, contributing to the timely completion of vital infrastructure projects. This will facilitate efficient compensation to land owners in the area as well as improve the process of land aquisition for the government and contractors involved.

Key Entities Referenced