NATIONAL HIGHWAYS ACT 2002 EPUB
16 of , whereby the National Highways Act, was amended to provide . under section 26 of the control of national highways (land & traffic) act, Act 34 of . the President on the 16th September and is hereby published for general information: ACT No. 1 4 OF . National Highways Act, Ministry of Road Transport & Highways. Home Contact Us Feedback Sitemap Search MORTH on Facebook MORTH on Twitter. Shri Mansukh.
|Published:||1 June 2014|
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The petitioner is aggrieved by the order dated passed by the District Judge, Rohtas at Sasaram in Civil Misc. The facts involved in the present case fail with a narrow compass. National highways act 2002 the compensation determined by the competent authority under the said Act as Arbitrator was appointed by the Central Government, namely, Additional Collector, Rohtas Sasaram and by his arbitral award dated the rate of compensation of the land was enhanced from Rs.
However, by the impugned order datedthe learned District Judge has dismissed the appeal holding that he had no jurisdiction to admit the appeal national highways act 2002 determining the compensation in view of the fact that the National Highways Tribunal has already been constituted at Lucknow under Section 5 of the Control of National Highways Land and Traffic Act, Learned counsel for the petitioner submits that the learned District Judge has committed a serious error of law by holding that he has no jurisdiction in the matter.
In this national highways act 2002 he refers to the provisions of Section 3-G 5 and 6 of the National Highways Act,which are quoted hereinbelow: He refers in this connection to Section 34 1 of the Arbitration and Conciliation Act,which is in the following terms: Application for setting aside arbitral award.
Learned counsel for the petitioner on the basis of the aforesaid provisions contends that after the compensation has been determined by the Arbitrator appointed under Section 3-G 5 of the Act, the only remedy before the aggrieved party is to invoke the jurisdiction of the District Judge under Section 34 of the Arbitration and Conciliation Act in view of what has been provided under sub-section 6 of Section 3-G of the National National highways act 2002 Act, In this regard, learned counsel for the petitioner also points out that from the preamble to the Control of National Highways Land and Traffic Act, it is evident that the same has been enacted to provide for national highways act 2002 of land within the National Highways, right of way and traffic moving on the National Highways and for the removal of unauthorized occupation thereon.
He refers to Section 14 of the said Act, which is in the following national highways act 2002 Jurisdiction, powers and authority of Tribunal—A Tribunal shall exercise, on and from the appointed day, the jurisdiction, powers and authority to entertain appeals from the orders passed or actions except issuance or serving of notices taken under Sections 26, 27, 28, 36, 37 and 38 by the Highway Administration or an officer authorized on its behalf, as the case may be.
National highways | India Judgments | Law | CaseMine
National highways act 2002 of Tribunal 1 The Central Government shall provide the Tribunal with such officers and employees as that Government thinks fit. Salary and allowances and other terms and conditions of service of Presiding Officer The salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the Presiding Officer of a National highways act 2002 shall be such as may be prescribed: Provided that neither the salary and allowances nor the other terms and conditions of service of the Presiding Officer shall be varied to his disadvantage after his appointment.
Vacancies in National highways act 2002 If, for any reason other than temporary absence, any vacancy occurs in the office of the Presiding Officer of a Tribunal, then, the Central Government shall appoint another person in accordance national highways act 2002 the provisions of this Act to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.
Resignation and removal 1 The Presiding Officer of a Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that the said. Presiding Officer shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier.