Home India Ministry of Road Transport and Highways Arbitrator File...
Date: 2021-06-22 Category: Extra Ordinary State: Union Government Country: India

Arbitrator File

Issued by Ministry of Road Transport and Highways · Deptt. of Road Transport and Highways

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Executive Summary & Key Takeaways

## 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 on June 22, 2021. This notification, acting in pursuance of the National Highways Act, 1956, appoints a specific officer as an Arbitrator for dispute resolution related to the Act within a defined geographical jurisdiction. The key finding is that this policy ensures a structured mechanism for resolving disputes related to land acquisition and compensation as per the National Highways Act, specifically impacting Sangli District in Maharashtra. **2. Introduction:** This report aims to provide an overview and analysis of a notification published by the Ministry of Road Transport and Highways concerning the appointment of an Arbitrator under the National Highways Act, 1956. This analysis is solely based on the provided policy text. **3. Policy Overview:** This is not an amendment, but a new specification within existing law. * **Core Objective(s):** Based on the text, the core objective is to appoint an Arbitrator to exercise powers conferred and perform duties imposed by or under the National Highways Act, 1956, within a defined jurisdiction. This facilitates dispute resolution regarding land acquisition and compensation related to national highway projects. **4. Background and Rationale:** * As a new policy specification, the likely problem the policy addresses is the need for a readily available and authorized arbitrator to settle disputes arising from the implementation of the National Highways Act, 1956. Such disputes often involve land acquisition, compensation amounts, and related issues. By appointing arbitrators at the district level, the government aims to expedite the dispute resolution process, avoid court delays, and ensure fair compensation as per the Act. **5. Key Provisions / Changes:** * The notification appoints the District Collector of Sangli, Maharashtra, as the Arbitrator for the purpose of subsection 5 of Section 3G of the National Highways Act, 1956. * The Arbitrator is authorized to exercise the powers and perform the duties imposed on an Arbitrator by or under the said Act within the local limits of their respective jurisdiction (Sangli district). * The policy text mandates that Sub Sections 6 & 7 of Section 3G of the Act shall be taken into consideration while passing awards by the Arbitrator. This likely refers to the process by which the arbitrator makes judgements and awards. **6. Target Audience and Stakeholders:** Based on the provided text, the following are directly affected: * Landowners in Sangli District, Maharashtra, whose land is being acquired for national highway projects. * The District Collector of Sangli, who is now designated as the Arbitrator. * The Ministry of Road Transport and Highways, responsible for implementing the National Highways Act. * Construction companies and contractors involved in national highway projects within Sangli district. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Road Transport and Highways is the responsible agency. The District Collector of Sangli is the implementing body in their designated district. * **Timelines or Procedures:** The text does not explicitly mention timelines or procedures, other than that Sub Sections 6 & 7 of Section 3G of the Act shall be taken into consideration while passing awards by the Arbitrator. This suggests the act itself sets out the procedures that must be followed. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of this policy include: * A more efficient and localized dispute resolution mechanism for matters related to land acquisition for national highway projects in Sangli District. * Reduced delays in project implementation due to quicker resolution of disputes. * Greater transparency and fairness in the compensation process for landowners. * Compliance with the National Highways Act, 1956, ensuring that affected parties have access to an arbitrator as mandated by the Act. **9. Conclusion:** The notification analyzed appoints the District Collector of Sangli as an Arbitrator under the National Highways Act, 1956. This aims to streamline dispute resolution related to land acquisition and compensation within Sangli District. This facilitates efficient project implementation while safeguarding the rights of affected parties. The appointment is significant in ensuring adherence to the legal framework established by the National Highways Act and providing a fair mechanism for resolving disputes.

Key Entities Referenced

National Highways Act, 1956: An Act of the Indian Parliament concerning national highways, specifically referenced in relation to the appointment and powers of an Arbitrator. Central Government: The executive authority of India, responsible for appointing the Arbitrator. Sangli, Maharashtra: A district in the state of Maharashtra, India, representing the local jurisdiction of the appointed Arbitrator. District Collector, Sangli: The designated officer appointed as Arbitrator for Sangli district, Maharashtra. Ministry of Road Transport and Highways: The Indian government ministry issuing the notification regarding the appointment of the Arbitrator. New Delhi: The location where the notification was issued. Rajesh Gupta: Director at the Dte. of Printing.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एलxx.x-GअID.-E2x2xx0 62021-227784 CG-DL-E-22062021-227784 असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 2298] नई ददल्ली, मगं लवार, िनू 22, 2021/आषाढ़ 1, 1943 No. 2298] NEW DELHI, TUESDAY, JUNE 22, 2021/ ASHADHA 1, 1943 सड़क पररवहन और रािमाग गमत्रं ालय अजधसचू ना नई ददल् ली, 22 िून, 2021 का.आ. 2476(अ).—केन्द्र सरकार, राष्ट्रीय रािमाग ग अजधजनयम, 1956 (1956 का 48) की धारा 3 िी के उपधारा (5) के अनुसरण म,ें नीचे दी गयी सारणी के कॉलम (2) में उजल्लजखत अजधकारी को, उक्त उपधारा के प्रयोिन के जलए इतद्द्वारा मध्य स्ट्थजनयक्तु करती ह ै िो उक्तसारणी के कॉलम (3) और(4) में यथाजवजनददिॅष्ट अपने संबंजधत अजधकार क्षत्रे की स्ट्थानीय सीमाओं के अतं गतिॅ उक्त अजधजनयम के द्वारा अथवा उसके तहत मध्यस्ट्थ को प्रदत्त िजतत्तयों का प्रयोग करेगा और सौपे गए दाजयत्वों का जनविॅहन करेगा। मध्यस्ट्थ द्वारा पंचात करते समय इस अजधजनयम की 3 िी की उपधारा (6) और (7) को ध्यान में रखा िाएगा। सारणी क्रम सख्ं या अजधकारी का पदनाम रािस्ट्व जिला राज्य (1) (2) (3) (4)  सांगली 1 जिल्हाजधकारी, सांगली महाराष्ट्र [फा. सं. Arbitrator-2020/622/C.R.103/A-4] रािेि गुप् ता, जनदेिक 3413 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 22nd June, 2021 S.O. 2476(E).—In pursuance of sub-section (5) of Section 3G of the National Highways Act, 1956 (48 of 1956), the Central Government hereby appoints the Officer mentioned in column (2) of the Table below, to be Arbitrator for the purpose of the said sub-section, who shall exercise the powers conferred and perform the duties imposed, on an Arbitrator by or under the said Act within the local limits of his respective jurisdiction as specified in column (3) and (4) of the said Table. Sub – Section (6) & (7) of Section – 3G of the Act shall be taken into consideration while passing awards by the Arbitrator. TABLE Designation of the Sl. No. Revenue District State Officer (1) (2) (3) (4)  SANGLI 1 District Collector, Sangli MAHARASHTRA [F. No. Arbitrator-2020/622/C.R.103/A-4] RAJESH GUPTA, Director Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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