Home India Ministry of Road Transport and Highways Arbitrator File...
Date: 2022-04-12 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 for National Highways Act, 1956 (Amendment) **1. Executive Summary:** This report analyzes a notification from the Ministry of Road Transport and Highways, Government of India, regarding the appointment of an Arbitrator under Section 3G of the National Highways Act, 1956. The notification appoints a Deputy Commissioner for the Vijayanagara district in Karnataka to serve as the Arbitrator. The core purpose, inferred from the text, is to facilitate dispute resolution related to land acquisition and compensation under the National Highways Act, 1956, specifically for projects within the Vijayanagara district. The key finding is that this amendment aims to delegate authority for arbitration at the district level for efficient handling of disputes. **2. Introduction:** The purpose of this report is to provide a detailed analysis of a notification published by the Ministry of Road Transport and Highways regarding the appointment of an Arbitrator under the National Highways Act, 1956. This analysis is based solely on the text provided in the notification. **3. Policy Overview:** * This notification acts as an amendment within the overarching framework of the National Highways Act, 1956. * **Core Objective:** To appoint an Arbitrator for the purpose of Section 3G of the National Highways Act, 1956, enabling efficient dispute resolution concerning compensation and land acquisition related to national highway projects. **4. Background and Rationale:** * This notification likely stems from the need to expedite the process of land acquisition and compensation related to National Highway projects in the Vijayanagara district. Without a designated arbitrator, disputes could lead to delays, hindering infrastructure development. This amendment aims to streamline the process by providing a local arbitrator accessible to affected parties. **5. Key Provisions / Changes:** * **What specific part of the original policy is being changed:** The notification specifies the appointment of an arbitrator as per Section 3G (5) of the National Highways Act, 1956. It acts as an addendum, designating a specific officer for arbitration duties. * **What the new rule/provision is:** The Deputy Commissioner of Vijayanagara district, Karnataka, is appointed as the Arbitrator under Section 3G of the National Highways Act, 1956. This officer is empowered to exercise the powers and perform the duties of an Arbitrator within their jurisdiction. Section 3G (6) and (7) of the Act shall be taken into consideration. * **Explain the difference or the effect of this specific change:** This appointment ensures a readily available Arbitrator at the district level. This should lead to faster resolution of disputes related to land acquisition and compensation compared to a centralized arbitration process. Affected parties now have a designated contact point for arbitration within their local jurisdiction. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders are: * Landowners and other individuals affected by land acquisition for National Highway projects in the Vijayanagara district of Karnataka. * The National Highways Authority of India (NHAI) and other agencies involved in National Highway development. * Legal professionals dealing with land acquisition and compensation cases related to National Highways. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies mentioned:** Ministry of Road Transport and Highways, NHAI, Deputy Commissioner of Vijayanagara District. * **Any timelines or procedures specified in the text:** The text does not specify timelines. The Arbitrator must exercise powers and perform duties as prescribed by the National Highways Act, 1956. They are expected to consider Sub Sections 6 and 7 of Section 3G of the act while passing awards. * The Deputy Commissioner's office will likely need to establish procedures for handling arbitration cases related to land acquisition and compensation. **8. Expected Outcomes / Impact of Changes:** * The likely intended outcome is to streamline the dispute resolution process related to land acquisition for National Highway projects in the Vijayanagara district. * Reduced delays in project implementation due to faster dispute resolution. * Increased accessibility for landowners and other affected parties to the arbitration process. * Potentially fairer and more efficient compensation settlements. **9. Conclusion:** The notification analyzed represents a localized amendment to the implementation of the National Highways Act, 1956, specifically Section 3G. By appointing a Deputy Commissioner as an Arbitrator for the Vijayanagara district, the Ministry of Road Transport and Highways aims to expedite dispute resolution processes and facilitate smoother National Highway development in the region. This amendment is significant because it demonstrates a commitment to efficient project execution and accessible dispute resolution mechanisms for affected parties.

Key Entities Referenced

National Highways Act, 1956: A law of India, specifically Section 3G, related to national highways. Central Government: The executive authority of India, responsible for appointing the Arbitrator. Vijayanagara: A revenue district in Karnataka. This is the jurisdiction of the appointed Arbitrator. KARNATAKA: A state in India, where Vijayanagara district is located. Arbitrator: An officer appointed by the Central Government to resolve disputes related to the National Highways Act, 1956. Ministry of Road Transport and Highways: The Indian government ministry responsible for road transport and highways, which issued the notification. New Delhi: The location where the notification was issued. RAJESH GUPTA: Director involved in the notification process. Deputy Commissioner: Designation of the officer appointed as Arbitrator for Vijayanagara district.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एxलx.x-GअID.-E1x3xx0 42022-235129 CG-DL-E-13042022-235129 असाधारण EXTRAORDINARY भाग II—खण्ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 1702] नई ददल्ली, मगं लवार, अप्रलै 12, 2022/चत्रै 22, 1944 No. 1702] NEW DELHI, TUESDAY, APRIL 12, 2022/CHAITRA 22, 1944 सड़क पररवहन और रािमाग गमत्रं ालय अजधसचू ना नई ददल् ली, 12 अप्रैल, 2022 का.आ. 1789(अ).—केन्द्र सरकार, राष्ट्रीय रािमागग अजधजनयम, 1956 (1956 का 48) की धारा 3 िी के उपधारा (5) के अनुसरण म,ें नीचे दी गयी सारणी के कॉलम (2) म ें उजल्लजखत अजधकारी को, उक्त उपधारा के प्रयोिन के जलए इतद्द्वारा मध्य स्ट्थजनयक्तु करती ह ै िो उक्तसारणी के कॉलम (3) और(4) म ें यथा-जवजनददिॅष्ट अपन े संबंजधत अजधकार क्षत्रे की स्ट्थानीय सीमाओं के अंतगतिॅ उक्त अजधजनयम के द्वारा अथवा उसके तहत मध्यस्ट्थ को प्रदत्त िजतत्तयों का प्रयोग करेगा और सौपे गए दाजयत्वों का जनविॅहन करेगा। मध्यस्ट्थ द्वारा पंचात करत े समय इस अजधजनयम की 3 िी की उपधारा (6) और (7) को ध्यान म ेंरखा िाएगा। सारणी क्रम सख्ं या अजधकारी का पदनाम रािस्ट्व जिला राज्य (1) (2) (3) (4)  जवियनगर 1 डैप्यटी कजमषनर् कनागटक [फा. स.ं NHAI/KAR-RO BNG/Vijayanagara/ Arbitrator] रािेि गुप् ता, जनदेिक 2636 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 12th April, 2022 S.O. 1789(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)  Vijayanagara 1 Deputy Commissioner KARNATAKA [F. No. NHAI/KAR-RO BNG/Vijayanagara/ Arbitrator] 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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