Okay, I will analyze the provided policy text and generate the requested report, focusing on accuracy and avoiding speculation beyond what the document supports.
**Report on Amendment to National Highways Act Notification**
**1. Executive Summary:**
This report analyzes a corrigendum (amendment) to a notification (S.O. 2709 E) previously published under the National Highways Act, 1956. The original notification concerned matters related to the Act's Section 3D, subsection 1. The amendment addresses how objections to the notification were handled, specifically clarifying that the Competent Authority appropriately considered and settled objections filed under Section 3C. This change likely aims to ensure procedural correctness and legal defensibility in land acquisition or related processes under the National Highways Act.
**2. Introduction:**
This report provides an overview of an amendment to a notification concerning the National Highways Act, 1956. The analysis is based solely on the text of the corrigendum issued on August 12, 2021, and aims to inform affected parties about the changes introduced.
**3. Policy Overview:**
* **Amendment To:** Notification No. S.O. 2709 E, published on 06.07.2021, concerning the National Highways Act, 1956.
* **Core Objective(s):** The original objective of S.O. 2709 E is not explicitly stated in the amendment. However, based on the reference to Section 3D of the National Highways Act, it likely pertains to declaration of land for public purpose relating to National Highways. The amendment's objective is to clarify the process for handling objections related to that declaration.
**4. Background and Rationale:**
The amendment appears to be a response to potential concerns or challenges regarding the process of handling objections to the original notification. The initial notification stated that objections were "received and considered and disallowed". The amendment text replaces this with a statement that the "Competent Authority has received objections filed under Section 3C, considered and settled the same appropriately." This suggests that there may have been a need to provide greater assurance that objections were handled properly and in accordance with the relevant legal requirements (Section 3C of the Act). This change could be in response to challenges raised about the initial notification.
**5. Key Provisions / Changes:**
* **Specific Part Changed:** The amendment modifies the phrasing regarding the handling of objections to the original notification S.O. 2709 E.
* **New Rule/Provision:** The revised text states: "And whereas the Competent Authority has received objections filed under Section 3C, considered and settled the same appropriately".
* **Difference/Effect of Change:** The original text stating that objections were "disallowed" is replaced with a statement that the Competent Authority "considered and settled the same appropriately". This change is a shift in language that emphasizes the Competent Authority's due process in handling objections, rather than simply stating they were disallowed. The effect of this change is likely to strengthen the legal defensibility of the notification and demonstrate compliance with Section 3C of the National Highways Act, 1956.
**6. Target Audience and Stakeholders:**
Based on the text, the target audience and stakeholders affected by this *specific change* are likely:
* Landowners or other parties who filed objections under Section 3C to the original notification (S.O. 2709 E).
* The Competent Authority responsible for implementing the National Highways Act.
* Legal professionals involved in matters related to land acquisition for national highway projects.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The "Competent Authority" is responsible for implementing the handling of objections under Section 3C. The Ministry of Road Transport and Highways is the issuing authority for the corrigendum.
* **Timelines/Procedures:** No specific new timelines are mentioned in the amendment. It is implied that the Competent Authority is following established procedures under Section 3C of the National Highways Act, 1956, for handling objections.
* **Specific to Changes:** This amendment signifies a need for accurate record-keeping and a transparent process when addressing objections related to land acquisition.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcome of this amendment is to:
* Strengthen the legal defensibility of the original notification (S.O. 2709 E) by demonstrating that objections were handled in accordance with Section 3C of the National Highways Act, 1956.
* Reduce the likelihood of legal challenges based on procedural grounds.
* Provide greater clarity and assurance to affected parties that their objections were given due consideration.
**9. Conclusion:**
The corrigendum to Notification S.O. 2709 E represents a clarification regarding the handling of objections under the National Highways Act, 1956. By emphasizing the Competent Authority's due process in considering and settling objections, the amendment aims to strengthen the legal standing of the original notification and ensure a fair and transparent process for all stakeholders. The change is significant as it reflects the government's commitment to adhering to legal procedures and addressing concerns raised by affected parties in infrastructure development projects.
Key Entities Referenced
National Highways Act, 1956: A law that provides for the declaration of certain highways to be national highways and for matters connected therewith.
Ministry of Road Transport and Highways: The Indian government ministry responsible for the formulation and administration of rules, regulations and laws relating to road transport, national highways and transport research.
New Delhi: Capital of India, location of the Ministry of Road Transport and Highways.
The Tribune English: An English-language daily newspaper published in India.
Jagbani Punjabi: A Punjabi-language daily newspaper published in India.
Section 3D: A section of the National Highways Act, 1956 that deals with the declaration of land acquisition for national highways.
Section 3C: A section of the National Highways Act, 1956 related to objections to land acquisition.
RAJESH GUPTA: Director at the Ministry of Road Transport and Highways.
Government of India Press, Ring Road, Mayapuri, New Delhi: A government printing press located in New Delhi, India.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
xxxGIDHxxx
सी.जी.-डी.एxलx.x-GअID.-E1x3xx0 82021-228964
CG-DL-E-13082021-228964
असाधारण
EXTRAORDINARY
भाग II—खण्ड 3—उप-खण्ड (ii)
PART II—Section 3—Sub-section (ii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 3029] नई ददल्ली, बहृ स्ट्प जतवार, अगस्ट्त 12, 2021/श्रावण 21, 1943
No. 3029] NEW DELHI, THURSDAY, AUGUST 12, 2021/SRAVANA 21, 1943
सड़क पररवहन और रािमाग ग मत्रं ालय
िजु िपत्र
नई ददल्ली, 12 अगस्ट् त, 2021
का.आ.3269(अ).—राष्ट्रीय रािमागग अजधजनयम, 1956 (1956 का 48) की धारा 3 घ की उप-धारा (1) द्वारा
प्रदत्त िजियों के अभ्यास म,ें एक अजधसूचना का. आ. 2709 (अ). ददनांक 06.07.2021 को सरकारी रािपत्र में और
ररब्यून (अंग्रेिी) और िगबानी (पंिाबी) में ददनांक 10.07.2021 को प्रकाजित दकया गया था। भूजम अजधग्रहण के जलए
सक्षम प्राजधकारी की ररपोर्ग के आधार पर, केंद्रीय सरकार यहां जनम्नजलजखत संिोधन करती ह ै( उपरोि अजधसूचना में).
" और आक्षेप प्राप्त हुए थ े और सक्षम प्राजधकारी ने उन पर जवचार कर जलया ह ै और आक्षेपों को अननुज्ञात कर
ददया ह ै;”
के रूप में पढा िाएगा;
" और आक्षेप प्राप्त हुए थ े और सक्षम प्राजधकारी ने उन पर जवचार कर जलया ह ै और आक्षेपों का उपयुि जनधागरण
कर ददया ह ै;”
[फा. सं. PD/PIU-JAL/NH-503A/237/2017/3D Corr 1]
रािेि गुप् ता, जनदिे क
4498 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
CORRIGENDUM
New Delhi, the 12th August, 2021
S.O. 3269(E).—In exercise of the powers conferred by sub-section (1) of section 3D of the National
Highways Act, 1956 (48 of 1956), a notification bearing No. S.O. 2709 (E) was published in the official gazette on
06.07.2021 and in newspapers "The Tribune” (English) and “Jagbani” (Punjabi) on 10.07.2021. Based upon the
CALA report, the Central Govt. hereby makes the following amendment(s) in the above notification.
"And whereas objections have been received and the same have been considered and disallowed by the
competent Authority”;
Shall be read as.
"And whereas the Competent Authority has received objections filed under Section 3-C, considered and
settled the same appropriately”;
[F. No. PD/PIU-JAL/NH-503A/237/2017/3D Corr 1]
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.