Arbitrator File

## Report on Notification Regarding Appointment of Arbitrators under the National Highways Act, 1956 **1. Executive Summary:** This report analyzes a notification issued by the Ministry of Road Transport and Highways, Government of India, regarding the appointment of Arbitrators under Section 3G of the National Highways Act, 1956. The notification lists specific officers, by designation and location, who are authorized to act as Arbitrators within defined geographical jurisdictions for matters related to the Act. The core purpose is to facilitate dispute resolution in land acquisition or compensation related to national highway projects. Key findings include the specification of Arbitrators for Khordha, Puri, Nayagarh and Balangir districts of Odisha, and a reminder to the Arbitrators to consider SubSections 6 & 7 of Section 3G of the Act while passing awards. **2. Introduction:** This report provides an overview and analysis of a notification published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (ii) on November 23, 2021, concerning the appointment of Arbitrators under the National Highways Act, 1956. The report aims to inform stakeholders about the scope, key provisions, and implications of this notification based solely on the provided text. **3. Policy Overview:** This notification pertains to the implementation of the National Highways Act, 1956 (48 of 1956). * **Core Objective(s):** The core objective, as inferred from the text, is to appoint qualified officers as Arbitrators to resolve disputes arising from the implementation of the National Highways Act, specifically concerning land acquisition and compensation as governed by Section 3G of the Act. It aims to provide a structured mechanism for dispute resolution, ensuring fair compensation and timely project execution. **4. Background and Rationale:** * **Rationale:** The National Highways Act, 1956, provides the framework for land acquisition and compensation related to the development of national highways. Disputes can arise during this process. This notification addresses the need for designated Arbitrators to resolve these disputes efficiently and within a legally defined framework. The appointment of Arbitrators provides a formal mechanism for addressing grievances and ensuring compliance with the Act. **5. Key Provisions / Changes:** * **New Policy:** * The notification designates specific officers (Collector cum District Magistrates) as Arbitrators. * It specifies the jurisdiction of each Arbitrator, defining it geographically by Revenue District and State. * It explicitly directs Arbitrators to consider SubSections 6 & 7 of Section 3G of the National Highways Act, 1956, when making awards. * The table provided lists the appointed officers, their designations, and their respective jurisdictions (Khordha, Puri, Nayagarh, and Balangir districts of Odisha). **6. Target Audience and Stakeholders:** The target audience and stakeholders directly affected by this notification include: * Landowners in the specified districts (Khordha, Puri, Nayagarh, and Balangir) of Odisha whose land is being acquired for national highway projects. * The appointed Arbitrators (Collector cum District Magistrates of the specified districts). * The Ministry of Road Transport and Highways. * National Highway project developers and contractors operating in these districts. * Legal professionals involved in disputes related to land acquisition and compensation under the National Highways Act, 1956. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies:** The Ministry of Road Transport and Highways is the responsible agency for issuing this notification. The Collector cum District Magistrates of the specified districts are responsible for acting as Arbitrators. * **Procedures:** The notification references Section 3G of the National Highways Act, 1956, which likely outlines the procedures for arbitration. The notification itself does not specify these procedures but directs Arbitrators to take into consideration subsections 6 & 7 of Section 3G. * **Geographic Scope:** The implemented area is restricted to the Revenue Districts within the State of Odisha as specified in the table, namely Khordha, Puri, Nayagarh, and Balangir. **8. Expected Outcomes / Impact of Changes:** * The likely intended outcomes of this notification are: * Expedited resolution of disputes related to land acquisition for national highway projects in the specified districts of Odisha. * Increased efficiency and transparency in the compensation process for affected landowners. * Reduced litigation and project delays due to land acquisition disputes. * Fair and consistent application of the National Highways Act, 1956, in arbitration proceedings. **9. Conclusion:** The notification analyzed in this report is a key instrument for facilitating the implementation of the National Highways Act, 1956. By appointing Arbitrators and defining their jurisdictions, the notification aims to streamline dispute resolution related to land acquisition and compensation for national highway projects in Khordha, Puri, Nayagarh, and Balangir districts of Odisha. The specific mention of Subsections 6 and 7 of Section 3G of the Act is a reminder to Arbitrators to adhere to set procedures while passing judgments. This should lead to a more efficient and equitable process, benefiting both landowners and project developers.

Key Entities Referenced