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Infrastructure · हाईवे अधिग्रहण

Land Near a New Highway: What a 3A or 3D Notification Means Before You Buyनए हाईवे के पास ज़मीन: ख़रीदने से पहले 3A और 3D अधिसूचना का मतलब

Land for a national highway is acquired by notification under the National Highways Act, 1956. How the 3A and 3D notices work, where to find them, and why land inside one is not an ordinary purchase.

In short. Land for a national highway is acquired by notification under the National Highways Act, 1956: a notification of intention (section 3A), twenty-one days for objections (3C), a declaration (3D) — on whose publication the land vests in the Central Government free from all encumbrances — and compensation fixed by the competent authority (3G). Land inside a notification is not an ordinary purchase. Before you buy land near a new road, find out whether it is in one. AgriZameen is an independent private platform — not a government body; this is general information, not legal advice, and nothing here predicts a price or a return.

संक्षेप में: राष्ट्रीय राजमार्ग के लिए ज़मीन राष्ट्रीय राजमार्ग अधिनियम, 1956 के तहत अधिसूचना से ली जाती है — धारा 3A (इरादा), 3C (21 दिन में आपत्ति), 3D (घोषणा, जिसके बाद ज़मीन केंद्र सरकार की) और 3G (मुआवज़ा)। हाईवे के पास ज़मीन ख़रीदने से पहले देखें कि वह किसी अधिसूचना में तो नहीं है।

The steps, in order

  1. Section 3A — intention. The Central Government declares, by notification in the Official Gazette, its intention to acquire the land, with a brief description of it. The competent authority publishes the substance in two local newspapers, one in a vernacular language.
  2. Section 3C — objections. Any person interested in the land may object within 21 days of the notification. The competent authority hears the objections.
  3. Section 3D — declaration. When there is no objection, or it is disallowed, the Central Government declares by notification that the land should be acquired. On publication, the land vests absolutely in the Central Government, free from all encumbrances.
  4. Possession and compensation. The competent authority can then take possession (3E). The amount payable is determined by its order (3G); if either side does not accept it, an arbitrator appointed by the Central Government decides. The Land Acquisition Act, 1894 does not apply (3J).

Where the notifications appear

Why land inside a notification is different

After a 3D declaration the land belongs to the Central Government; no private sale can change that. Between 3A and 3D the land is on its way to being acquired. Buying inside a notification means buying into an acquisition — what you would hold is at most a claim in the compensation process, not land to use. Take an advocate’s view before you pay anything for land in a notification.

Compensation, in brief

For acquisitions under the National Highways Act, the 2013 Act’s provisions on compensation, rehabilitation and resettlement — its First, Second and Third Schedules — have applied since 1 January 2015, extended to the National Highways Act by a central government order of 28 August 2015 (the 2013 Act is the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013). For earlier acquisitions, the Supreme Court in Union of India v. Tarsem Singh (2019) held section 3J unconstitutional insofar as it denied solatium and interest. The amount for any parcel is decided by the competent authority; AgriZameen does not estimate it. More on acquisition rulings: land acquisition, lapse and compensation.

State projects: the 2013 Act’s bar on transactions

Land for other public purposes — state roads among them — is acquired under the 2013 Act. Once its preliminary notification under section 11 is published, no person may make any transaction of the notified land, or create any encumbrance on it, until the proceedings are completed (section 11(4)). The Collector may exempt an owner in special circumstances recorded in writing, and a loss from a wilful violation is not made up.

Near the road, not on it

Questions about a parcel near a new road: WhatsApp +91 92502 13833.

Questions · अक्सर पूछे सवाल

What is a 3A notification?

It is the Central Government’s notification, under Section 3A of the National Highways Act, 1956, that it intends to acquire the listed land for a national highway. Its substance is also published in two local newspapers, one of them in a vernacular language.

How long do landowners have to object?

Twenty-one days from the publication of the 3A notification, under Section 3C. Objections go to the competent authority, which hears them before a declaration is made.

What happens after a 3D declaration?

On its publication the land vests absolutely in the Central Government, free from all encumbrances. A private sale after that cannot pass the land to a buyer.

Can I buy land after a state’s preliminary notification under the 2013 Act?

Not without the Collector’s exemption. Section 11(4) of the 2013 Act bars any transaction of the notified land, or any encumbrance on it, from the notification until the proceedings are completed, and a loss from a wilful violation is not made up.

Does AgriZameen predict which land a road will take, or what it will be worth?

No. We point to published notifications and official alignments where we can find them; we do not predict acquisitions, compensation or prices. Check the Gazette and the competent authority’s office, and take an advocate’s view before you pay.

AgriZameen एक स्वतंत्र निजी प्लेटफ़ॉर्म है — सरकारी संस्था नहीं। यह सामान्य जानकारी है, क़ानूनी सलाह नहीं। पैसा देने से पहले सरकारी रिकॉर्ड ख़ुद देखें और वकील से सलाह लें।

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