Govt to Return Unused Highway Land to Owners, Speeding Up Acquisitions & Reducing Disputes

The government is making a significant move to address one of the most troubled aspects of infrastructure development: what to do with excess highway land. The acquisition of land for any expansion of the NHAI network is frequently contentious, but with the new proposal, the hope is that the process will be made considerably quicker, and reduce the number of legal disputes, by returning unused highway land to its original owners after five years of disuse. 

Land for highway projects has been complex to acquire for decades due to the inadequacy of compensation, lack of transparency, and insufficiency of rehabilitation82. As such, acquiring land has led to lengthy legal disputes and large-scale protests in the past, which have delayed many projects and led to public distrust in public project delivery processes. The government’s proposal to return unused highway land directly addresses the perennial concerns surrounding the taking of land by proposing a reasonable solution to landowners who feel neglected due to bureaucratic flipping.

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In a notable shift in policy, the government is exploring for amendments to the National Highways Act, 1956. This includes returning any land acquired for highway projects but lying unused for five years back to the original owner, their heirs, or into a Land Bank. This is consistent with Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement (RFCTLARR) Act, 2013. By inserting this provision into the NHAI, the government is seeking to facilitates land acquisition and reduce dispute over unused highway lands.

Benefits of Returning Unused Highway Land

Returning unused highway land to its rightful owners has several anticipated benefits:

• Reduced Disputes: By returning land that has not been used within a set timeframe, the government can mitigate conflicts between landowners and developers. This move is expected to ease the legal burden on both sides.
• Speedier Acquisitions: With a clear guideline in place, the land acquisition process can become more efficient, leading to faster implementation of highway projects. This ensures that infrastructure development does not stall due to prolonged disputes.
• Enhanced Trust: Recognizing land as a family’s most valuable asset helps build trust in the government’s processes. When landowners see that their interests are being safeguarded, opposition to future projects may decrease, leading to more cooperative engagements.
• Increased Fairness: By returning unused highway land, the policy ensures that the benefits of infrastructure development are shared more equitably, protecting the livelihoods and identities of affected communities.

The government's plan to reclaim unused highway land is a forward-thinking initiative designed to ensure equilibrium between the competing and urgent demands for rapid infrastructure development and private landowner rights. If formally adopted, this policy would streamline the acquisition process for these new highways faster and with the potential of decreasing dispute levels, making the highway project process in India more humane and efficient. As this proposed action is moving toward a Cabinet decision, this is a demonstration of a commitment to fairness and transparency and an improvement in public trust for a developing nation.

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