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 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 an Arbitrator under Section 3G of the National Highways Act, 1956. The notification (S.O. 2475(E)) appoints an Additional Commissioner of Administration, Lucknow Circle, Lucknow, as the Arbitrator for Lucknow and Unnao districts in Uttar Pradesh. The core purpose is to facilitate dispute resolution related to land acquisition for National Highway projects, ensuring adherence to the National Highways Act, 1956. Key findings highlight the specific official appointed and the geographical jurisdiction assigned. **2. Introduction:** The purpose of this report is to provide a concise overview and analysis of Notification S.O. 2475(E), issued by the Ministry of Road Transport and Highways, as published in the Gazette of India. The analysis is based solely on the information contained within the provided text. **3. Policy Overview:** This notification relates to the *National Highways Act, 1956*. It is likely an amendment or addition to the implementation procedures under the Act, specifically concerning arbitration. * **Core Objective(s):** From the provided text, the core objective is to appoint an Arbitrator to resolve disputes arising under Section 3G of the National Highways Act, 1956, likely related to land acquisition. This appointment aims to ensure efficient and fair resolution of disagreements, potentially expediting highway development projects. **4. Background and Rationale:** This notification is likely an amendment or clarification to facilitate the implementation of Section 3G of the National Highways Act, 1956. The appointment of an arbitrator suggests that there are disputes arising from the implementation of the Act that require resolution. This specific amendment likely addresses the need for a designated arbitrator in the Lucknow and Unnao districts of Uttar Pradesh, streamlining the dispute resolution process in that region. Without a designated arbitrator, land acquisition and project progression could be stalled. **5. Key Provisions / Changes:** This notification details the following: * **Specific Change:** The notification specifically appoints the *Additional Commissioner Administration Lucknow Circle, Lucknow* as the Arbitrator. * **New Provision:** This arbitrator is granted the power to exercise the powers and duties under the National Highways Act, 1956, specifically within the revenue districts of *Lucknow and Unnao* in the state of *Uttar Pradesh*. * **Effect of the Change:** This appointment means that any disputes arising under Section 3G ( likely related to land acquisition compensation ) within Lucknow and Unnao districts will now be referred to this designated arbitrator for resolution. It provides a clear point of contact and a defined process for resolving disputes, aimed at increasing the efficiency of highway projects. The notification also mandates consideration of sub sections 6 and 7 of section 3G of the act while passing awards by the arbitrator. **6. Target Audience and Stakeholders:** Based on the provided text, the target audience and stakeholders directly affected by this notification include: * **Landowners in Lucknow and Unnao districts:** They are directly affected as disputes related to land acquisition will now be handled by the appointed arbitrator. * **National Highways Authority of India (NHAI):** The notification is related to their projects and dispute resolution processes. * **Contractors and developers working on highway projects in the region:** Efficient dispute resolution can impact their project timelines and costs. * **The Arbitrator (Additional Commissioner of Administration, Lucknow Circle, Lucknow):** They are directly responsible for fulfilling the duties outlined in the notification. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** Ministry of Road Transport and Highways, National Highways Authority of India (NHAI), and the appointed Arbitrator. * **Procedures:** The notification implies that disputes under Section 3G of the National Highways Act, 1956, arising in Lucknow and Unnao, will be referred to the Additional Commissioner of Administration, Lucknow Circle, Lucknow. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this notification is to: * **Expedite dispute resolution:** By appointing a specific arbitrator, the process is streamlined, potentially reducing delays in highway projects. * **Ensure fair compensation:** The arbitrator's role is to ensure fair compensation is awarded to landowners, based on the provisions of the National Highways Act, 1956. * **Improve transparency and accountability:** Clearly defining the arbitrator and their jurisdiction enhances transparency in the dispute resolution process. **9. Conclusion:** Notification S.O. 2475(E) issued by the Ministry of Road Transport and Highways is a specific implementation measure related to the National Highways Act, 1956. It addresses the need for a designated arbitrator in the Lucknow and Unnao districts of Uttar Pradesh. The appointment of the Additional Commissioner of Administration, Lucknow Circle, Lucknow, as the Arbitrator aims to streamline dispute resolution related to land acquisition, ultimately facilitating the timely completion of National Highway projects. This notification is significant for all stakeholders involved in highway development in the specified region.

Key Entities Referenced

National Highways Act, 1956: A law enacted in 1956 in India, referenced in the context of appointing an arbitrator. Central Government: The government of India, responsible for appointing the arbitrator. Arbitrator: An officer appointed by the Central Government to exercise powers and perform duties under the National Highways Act, 1956. Ministry of Road Transport and Highways: The Indian government ministry that issued the notification. New Delhi: The location of the ministry that issued the notification. Additional Commissioner Administration: The designation of the officer appointed as Arbitrator. Lucknow: A revenue district in Uttar Pradesh, India, and the location of the Lucknow Circle. Uttar Pradesh: A state in India, within which the jurisdiction of the arbitrator includes Lucknow and Unnao. Unnao: A revenue district in Uttar Pradesh, India, within the jurisdiction of the appointed Arbitrator. Lucknow Circle: The administrative region in Lucknow where the Additional Commissioner of Administration is stationed. RAJESH GUPTA: Director
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एलxx.x-GअID.-E2x2xx0 62021-227778 CG-DL-E-22062021-227778 असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 2297] नई ददल्ली, मगं लवार, 22, 2021/आषाढ़ 1, 1943 No. 2297] 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. 2475(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 यथा-जवजनददिॅष्ट अपन े संबंजधत अजधकार क्षेत्र की स्ट्थानीय सीमाओं के अंतगतिॅ उक्त अजधजनयम के द्वारा अथवा उसके तहत मध्यस्ट्थ को प्रदत्त िजतत्तयों का प्रयोग करेगा और सौपे गए दाजयत्वों का जनवगहन करेगा। मध्यस्ट्थ द्वारा पंचात करत े 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) अपर आयुक्त (प्रिासन)  लखनऊ 1 उत्तर प्रदिे लखनऊ मण्डल, लखनऊ  उन्नाओ [फा. सं. NHAI/25016/LA/2018/Notification/PIU/Lucknow] रािेि गुप् ता, जनदेिक 3412 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. 2475(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) Additional Commissioner  LUCKNOW UTTAR 1 (Administration)  UNNAO PRADESH Lucknow Circle, Lucknow [F. No. NHAI/25016/LA/2018/Notification/PIU/Lucknow] 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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