Land acquisition for expanding India’s crucial National Highways Authority of India (NHAI) network has long sparked controversy, with protests simmering in many states. The challenges are well-documented: lack of executive transparency, excessive bureaucratic control, inadequate compensation and insufficient rehabilitation measures, leading to protracted legal disputes.
To speed up land acquisition and minimise disputes, GoI has proposed amendments to the National Highways Act 1956. One key proposal is to return land acquired for highway projects to the original owners if it remains unused for five years. The plan is awaiting Cabinet approval.
Land for highway projects is acquired under Section 3 of the Highways Act, with compensation determined as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act 2013. RFCTLARR’s Section 101 states, ‘If land bought by the government under this law isn’t used within five years after the government takes control, it must be given back to the people who originally owned it, their heirs, or placed into a Land Bank.’ In a way, GoI is incorporating a segment of the umbrella Act into the NHAI Act. Many states have shown a preference for the land bank route, angering landowners.
GoI’s proposal to return unused land to the owners is welcome and, if it works, should be extended to other large-scale infrastructure projects. This could ease opposition and add fairness – critical because many projects have faced protests due to executive miscalculation – by recognising that land is often a family’s most valuable tangible asset, tied to a family/community’s livelihood and identity. Building trust in the process is essential for smoother development and lasting cooperation.