1. Short title, extent and commencement.—(1) This Act may be called the Control of National
Highways (Land and Traffic) Act, 2002.
(2) It extends to the whole of India.
(3) It shall come into force on such date1
as the Central Government may, by notification in the
Official Gazette, appoint; and different dates may be appointed for different provisions of this Act.
2. Definitions.—In this Act, unless the context otherwise requires,—
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(b) “building” means any work of construction done in any manner by use of any material and
includes a farm building for agricultural purposes, plinth, doorstep, wall, drain, advertisement board
and other things fixed with such building;
(c) “construct”, with its grammatical variations, in relation to a building, means to construct,
reconstruct, erect, re-erect, extend or alter structurally a building;
(d) “cost of land” means the market value of the land as determined by the competent authority of
the State Government or the Government of the Union territory appointed for such determination, as
the case may be;
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[(da) “Court” means the principal Civil Court of original jurisdiction in a district, and includes
the High Court in exercise of its ordinary original civil jurisdiction;]
(e) “Highway” means a National Highway declared as such under section 2 of the National
Highways Act, 1956 (48 of 1956) and includes any Expressway or Express Highway vested in the
Central Government, whether surfaced or unsurfaced, and also includes—
(i) all lands appurtenant to the Highway, whether demarcated or not, acquired for the purpose
of the Highway or transferred for such purpose by the State Government to the Central
Government;
(ii) all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on
or across such Highway; and
(iii) all trees, railings, fences, posts, paths, signs, signals, kilometre stone and other Highway
accessories and materials on such Highways;
(f) “Highway Administration” means the Highway Administration established under section 3;
(g) “highway land” means the land of which the Central Government is, or is deemed to be, the
owner under sub-section (1) of section 23;
(h) “land” includes benefits arising out of land and things attached to the earth or permanently
fastened to anything attached to the earth;
1. 27th January, 2005, vide notification No. S.O. 96(E), dated 27th January, 2005, see Gazette of India, Extraordinary, Part II
sec. 3(ii).
2. Clause (a) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021).
3. Ins. by s. 24, ibid. (w.e.f. 4-4-2021).
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(i) “means of access” means any permanent means of access, whether private or public, for
vehicles of any kind;
(j) “premises” means any land or building or part of a building and includes—
(i) the garden, grounds and outhouses, if any, appertaining to such building or part of a
building; and
(ii) any fittings affixed to such building or part of a building for the more beneficial
enjoyment thereof;
(k) “prescribed” means prescribed by rules made under this Act;
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(m) “unauthorised occupation” means any occupation of the highway land, without permission
under this Act for such purpose, by a person who—
(i) is trespasser on the Highway; or
(ii) for the time being is paying or is liable to pay to other person rent or any portion of the
rent of the premises on a Highway; or
(iii) lives in or otherwise uses any premises on a Highway; or
(iv) is a rent-free tenant of any premises on a Highway; or
(v) is a licensee of any premises on a Highway for its possession; or
(vi) is liable to pay damages to the owner of any premises on a Highway for the use or
possession of such premises;
(n) “vehicle” means a barrow, sledge, plough, drag and any wheeled or tracked conveyance of
any description capable of being used on a Highway.