Primary law, Tamil Nadu land law
The Control of National Highways (Land and Traffic) Act, 2002
The Control of National Highways (Land and Traffic) Act, 2002 was enacted by Parliament as Act No. 13 of 2003 on 14 January 2003 and commenced on 27 January 2005. It controls National Highway land, access and traffic, provides for removing unauthorised occupation, and has been amended by the Finance Act, 2017, the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2026.
What the law governs
The Control of National Highways (Land and Traffic) Act, 2002 applies throughout India. It covers National Highways declared under the National Highways Act, 1956, as well as expressways or express highways vested in the Central Government. Its definition of a Highway includes associated land, bridges, culverts, tunnels, carriageways, trees, fences, signs and other highway structures and accessories.
The Central Government may establish one or more Highway Administrations for a State, Union territory or particular Highway. It defines each administration's territorial or highway jurisdiction and may impose conditions or limitations on its powers.
Who may be affected
The Control of National Highways (Land and Traffic) Act, 2002 may affect:
- Owners or buyers of land or buildings adjoining a National Highway.
- People seeking permanent private or public vehicle access to a Highway.
- Occupiers or users of premises located on highway land.
- People constructing buildings, drains, advertisement boards or other fixed works on highway land.
- Vehicle operators and others whose activities may damage or obstruct a Highway.
- Companies whose conduct may constitute an offence under the Act.
Highway land is treated as Central Government property. Occupation without permission can be treated as unauthorised occupation, including trespass and various forms of possession, tenancy, licensing or use of premises on a Highway.
Key provisions
The Control of National Highways (Land and Traffic) Act, 2002 provides for:
- Preventing occupation of highway land and removing unauthorised occupation.
- Recovering removal costs and any fine imposed.
- Granting leases or licences for temporary use of highway land.
- Requiring permission for access to a Highway and allowing access to be regulated or diverted.
- Regulating traffic where a Highway is unsafe, restricting heavy vehicles and temporarily or permanently closing a Highway.
- Preventing and repairing highway damage and dealing with vehicles or animals left in dangerous positions.
- Regulating construction on highway land for public utilities, drains and related purposes.
Appeals
The Control of National Highways (Land and Traffic) Act, 2002 allows appeals to the principal Civil Court of original jurisdiction in a district, including a High Court exercising ordinary original civil jurisdiction. Appeals cover specified orders or actions concerning removal, cost recovery, access, damage, dangerous positioning and construction, but not the issuance or service of notices. An appeal must ordinarily be filed within sixty days, although delay may be accepted for sufficient cause.
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Common questions
Does this law apply to land beside a National Highway in Tamil Nadu?
Yes, if the land forms part of the Highway or is associated highway land covered by the Act. The Act extends throughout India and can also affect owners seeking vehicle access from adjoining property.
Can I occupy or use National Highway land with permission?
The Highway Administration may grant a lease or licence for temporary use of highway land. Occupation without permission can be treated as unauthorised occupation and removed.
Can I appeal against action taken by the Highway Administration?
An appeal may be made to the Court against specified orders or actions involving removal, recovery, access, highway damage, dangerous positioning or construction. Issuing or serving a notice is excluded from this appeal provision.
How long do I have to file an appeal?
An appeal must ordinarily be filed within sixty days from the date of the order. The Court may admit a later appeal if sufficient cause for the delay is shown.
