National Highways Act, 1956

The Act empowers the central government to declare any road as a National Highway. This declaration brings the road under the direct control and responsibility of the central government for development and maintenance. For example, the road connecting Delhi to Mumbai (NH48) is a National Highway declared under this Act.

The Act provides for the acquisition of land needed for building or widening National Highways. The government can acquire land compulsorily, but it is obligated to provide fair compensation to the landowners. This provision is often a source of delays and disputes, as seen in many highway projects where land acquisition becomes a bottleneck.

The Act allows the government to levy and collect tolls on National Highways. The revenue generated from tolls is used for the maintenance and further development of the highway network. The National Highways Fee (Determination of Rates and Collection) Rules, 2008, framed under this Act, govern the toll rates and collection mechanisms.

The National Highways Authority of India (NHAI), established in 1988, is the primary agency responsible for the development, maintenance, and management of National Highways. While NHAI was created separately, its functioning is closely linked to the powers and provisions outlined in the National Highways Act, 1956.

The Act includes provisions for dealing with encroachments on National Highways. The government has the power to remove unauthorized structures and constructions that obstruct the highway or pose a safety hazard. This is crucial for ensuring the smooth flow of traffic and preventing accidents.

The Act has been amended to facilitate private sector participation in highway development through Public-Private Partnerships (PPPs). This allows private companies to invest in highway projects in exchange for the right to collect tolls for a specified period. This model has been used extensively in India, for example, in the construction of many sections of the Golden Quadrilateral.

The Act specifies penalties for damaging National Highways or obstructing traffic. These penalties can include fines and imprisonment. This provision is intended to deter vandalism and ensure the safety of road users.

The Act allows the central government to delegate its powers to state governments or other agencies for the purpose of developing and maintaining National Highways. This delegation is often done to expedite project implementation and leverage local expertise.

A critical aspect is the process of declaring a new National Highway. The Ministry of Road Transport and Highways (MoRTH) assesses factors like traffic volume, strategic importance, and connectivity before declaring a road as a National Highway. This ensures that resources are allocated efficiently.

The Act does not explicitly address environmental concerns related to highway construction. However, environmental impact assessments (EIAs) are now mandatory for highway projects, driven by broader environmental regulations. This is an area where the Act could be strengthened to integrate environmental sustainability more directly.

The Act empowers the government to make rules and regulations for carrying out the provisions of the Act. These rules provide detailed guidance on various aspects of highway development and management, such as land acquisition, toll collection, and safety standards.

The Act has implications for regional development. Improved connectivity through National Highways can boost economic activity in previously isolated areas, attracting investment and creating employment opportunities. The Delhi-Meerut RRTS, for example, complements the highway network by providing high-speed connectivity and further stimulating regional growth.