LexThe ARUNACHAL PRADESH STATE ROAD (REGULATION AND DEVELOPMENT)
Arunachal Pradesh · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF ARUNACHAL PRADESH
LAW, LEGISLATIVE AND JUSTICE DEPARTMENT
ARUNACHAL PRADESH CIVIL SECRETARIAT
ITANAGAR
_________
NOTIFICA TION
The 9th April, 2018
No. Law/Legn-12/2015.—The following Act of the Arunachal Pradesh Legislative Assem-
bly which was passed in the Thirteenth Session of the Sixth Legislative Assembly and received
the assent of the Governor of Arunachal Pradesh is hereby published for general information.
(Received the assent of the Governor on 01.05.2018)
THE ARUNACHAL PRADESH STA TE ROAD (REGULATION AND DEVELOPMENT)
ACT, 2015
(ACT NO. 7 OF 2018)
An
Act
to consolidate laws relating to Scientific planning and development of road network and
connectivity, systematic regulation of road development by giving impetus to safe custody and
maintenance of assets in the State for all round economic development and welfare of the
people and matters connected therewith and incidental thereto;
CHAPTER - I
PRELIMINARY
1.
Short title, extent and commencement :
(1)
This
Act may be called
Arunachal
Pradesh State Road (Regulation and Development) Act, 2015.
(2).
It shall extend to the whole of the S
t
ate of
Arunachal Pradesh.
(3).
It shall come into force on its date of publication in the Official Gazette.
2.
Definitions :
In this Act, unless the context otherwise requires : -
(1)
'Building'
includes any erection of whatever material and in whatever manner
constructed (including a farm building or house for agriculture horticulture purpose
and animal sheds) and also includes plinths, door steps, walls (including compound
wall and fences) advertisement board and alike ;
(2)
'Building line'
means a line on either side of any state road or part of a state road
as may be determined in respect of such state road or part by the state road
authority under section 13.
(3)
'Collector'
means such officer as so appointed collector to perform Section 29
only of “The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013” (and includes any other authority so
appointed by the Government by notification in the Official Gazette, to perform all
or any of the functions of the collector under this Act);
(4)
'
Competent authority'
means the Government of Arunachal Pradesh, or a local
authority , or any officer of the State Government or the local authority appointed to
be the competent authority for the purposes of this Act ;
The Arunachal Pradesh Gazette
EXTRAORDINAR
Y
PUBLISHED BY AUTHORITY
No. 179, Vol. XXV , Naharlagun, Wednesday , May 9, 2018, Vaisakha
19, 1940 (Saka)
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The Arunachal Pradesh Extraordinary Gazette, May 9, 2018
(5)
'Control line
' means a line on either side of a state road or part of a state road
beyond the building line as may be determined by the state road authority under
section 13.
(6)
'Driver'
means in the case of a vehicle the person in charge or control of the
vehicle for the time being, and in the case of animals any person driving, loading,
riding or otherwise managing or controlling the animal and the words drive, driving,
driven shall be construed accordingly ;
(7)
'Encroachment'
means occupation of any state road or part thereof, for the
purposes other than traffic and act which causes damage to the state road or any
part, thereof, and includes ;
(a)
Erection of a building or any other permanent or temporary structure, balconies,
porches, facades or projections on, over or overhanging the state road land ;
(b)
O
ccupation of State road land beyond the prescribed period, if any , for stacking
building materials or goods of any other description, dumping of earth, trees,
bamboos or any material as to reduce the road width, for exhibiting article for
sale, for erecting poles, tents, pandals, awnings, arches, platforms, rostrums,
hoardings, display boards, statues, monuments of all kinds, steps, ramps
and other similar erections or for parking vehicle or stabling domestic animals
and poultry and cultivation of any kind including horticulture or for any other
purposes ;
(c)
E
xcavation or embankment of any sort made or extended on any state road
land; and dumping of waste and filthy material which may cause hygienic and
environmental hazards, letting of waste and polluted water or other effluents
into the state road and using the state road for bathing, washing, watering
and defecation ;
(8)
'S
t
ate road'
means any road, way or land declared as a State road under section
3 and includes any lands acquired or demarcated for construction of a State road,
but does not include any national highway as defined or declared as such under
the National Highways Act, 1956 (Central Act 48 of 1956) ;
(9)
'S
t
ate road authority
' means the State road authority of Arunachal Pradesh
appointed under, Section 4 responsible for construction, maintenance, development
and repair of road and bridges and any other authority appointed for the purpose
by State Government on its behalf.
(10)
'S
t
ate road boundaries'
means the boundaries of the State road whether visibly
demarcated or not, within which the areas of land constituting the State road or
land reserved or acquired for widening the State road is contained ;
(1
1)
'Limited access S
t
ate road
' means a State road access to which is permitted
only at points specifically provided or agreed to for the purpose by the State road
authority ;
(12)
'Middle of a S
t
ate road
' means in relation to any State road for which plans have
been prepared for improvement by the State road authority , the middle of the state
road as proposed to be improved in accordance with the plans and where no such
plans have been prepared, the point half way between the boundaries of the state
road ;
(13)
'Official Gazette'
means the Arunachal Pradesh Gazette ;
(14)
'Place of worship'
means a building used as a place of religious congregation,
prayer or worship established and recognized, and shall include a church, temple
or mosque or any other Arunachal Pradesh indigenous site by whatever name
called.
(15)
'Prescribed'
means prescribed by rules made under this Act ;
(16)
'Public place'
means a road, street, way or other place, whether a thoroughfare
or not, to which the public have a right of access, and includes any place or stand
at which passengers are picked up or dropped by a public vehicle :
(17)
'S
t
andard wid
th of S
t
ate road'
means the width of a State road between its
boundaries as prescribed by the State road authority under section 13.
(18)
'S
t
ate Government' or 'Government'
means the Government of Arunachal
Pradesh ;
(19)
'Survey'
includes all operations incidental to the determination, measurement
and record of a boundary or boundaries or any part of a boundary and includes a
re-survey ;
(20)
'Survey mark
' means any mark or object erection made, employed or specified
by a survey officer to indicate or determine or assist in determining the position or
level of any point or points ;
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3
(
21)
'Survey officer
' means any person appointed to be a survey officer under this Act ;
(22)
'V
ehicle'
includes a barrow, sledge, plough, drag and a wheeled or tracked
conveyance of any description capable of being used on a state road.
(23)
‘
Ribbon development’
means Development/Construction of Agriculture,
Horticulture, Industrial, Residential and Commercial infrastructure along the right
of way of the State Road.
CHAPTER - II
DECLARATION OF STATE ROAD & STATE ROAD AUTHORITY,
ITS POWERS AND FUNCTIONS
3.
Declaration of S
t
ate road :
The State Government may , by notification in the Official
Gazette, declare any road, way or land appurtenant thereto to be a State road and
classify it as :
(a)
S
t
ate Highway (SH),
(b)
Major District Road (MDR),
(c)
Other District Road (ODR),
(d) Rural Roads (RR)
(e)
Village Road (VR).
(Classification) Explanation :
For the purpose of classification of State road under this
section, the following guidelines shall be adopted ;
State Highway :
Main trunk or arterial roads of a State connecting up with the National
Highways or State Highways of adjacent States or Arterial roads linking the district headquarters
and important cities of the State and ring road of cities and towns.
Major District Road :
Roads traversing each district serving the areas of production and
markets, connecting the district with each other, or with National Highway, or important
navigational route with high order of traffic and ring road of cities and towns.
Other District Road :
Roads traversing each district serving the areas of production and
markets connecting the district with each other or with National Highway or important navigational
route with low order of traffic.
Rural Roads :
Road connecting villages or cluster of villages with for Commercial, Agricultural
activities.
Village Road :
Road connecting the various road within a village or cluster of villages for
commercial and agricultural activities.
4.
Appointment of S
t
ate Road
Authority :
The State Government may , by notification
in the Official Gazette and subject to such conditions and limitations as authority
may specify therein, appoint
C
ommissioner / Secretary , PWD either by name or by
virtue of his office, to be the State
R
oad authority of State
R
oad category namely (1)
State Highway (2) Major District Road and (3) Other District Road in the State and
Commissioner/Secretary , RWD as State
R
oad authority of the State road Category
namely (1) Rural Road and (2) Village Roads in the State with full range of Powers and
Responsibilities under this Act, together with powers to be delegated selectively to
appropriate Chief Engineers, PWD and Chief Engineers, RWD respectively .
5.
Power and functions of State Road Authority :
Subject to the provisions of this Act, State road authority shall have the following powers
and functions :
(a)
to execute road development schemes;
(b)
to control ribbon development;
(c)
to prevent and remove encroachment;
(d)
to exercise such powers and functions as necessary and incidental to any or all of
the above matters, and
(e)
to exercise such other powers and functions as may be prescribed.
CHAPTER - III
DEVELOPMENT AND MAINTENANCE OF STATE ROAD
6.
Powers to enter for survey in connection with a State Road scheme :
(1)
The
State Road Authority or any officer not below the rank of Junior Engineer of the Public
Works Department/Rural Works Department or local board or group of persons
authorized by the State road authority on its behalf may undertake a survey in connection
with a State road scheme and may , for this purpose;
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(a)
enter upon any land along with his workmen and surveyors and take
measurements and levels on it ;
(b)
mark such levels, dig or bore into the sub-soil and do all other acts necessary
to ascertain whether the land is suitable or not ;
(c)
set-out the boundaries of the proposed S
t
ate road by placing marks and cutting
trenches ; and
(d)
cut down and clear any part of a standing crop, fence or jungle in cases where
survey cannot be completed, levels, taken or boundaries marked otherwise ;
Provided that no person shall enter into any building or any enclosed
court or garden attached to a dwelling house without prior consent of occupier.
7.
Prep
aration of Schemes for S
t
ate Road Development :
(1)
The S
t
ate Road
Authority may , on its own accord or if expressly requested by the competent
authority , shall, subject to the other provisions of this Act and such rules as may
be framed by the State Government for this purpose, prepare and submit to the
competent authority for, sanction, a detailed scheme for the construction of a new
State road or re-alignment or improvement of, or repairs to, an existing one or part
thereof.
(2)
Such a scheme may provide for :-
(a)
acquisition of any land and/or property which in the opinion of the
State road
authority , is considered necessary for its execution ;
(b)
laying out or relaying out of all or any of the lands so acquired ;
(c)
diversion or closure of any existing S
t
ate road or a p
art of such S
t
ate road;
(d)
construction or reconstruction of the roadway including its widening, levelling,
bridging, surfacing, sewering, draining, water supply and street-lighting
arrangements and planting of roadside trees ;
(e)
Preparation of a full Resettlement and Indigenous People Development Plan
and Mitigate measures for Environmental Impacts ;
(f)
laying out of foot-paths, cycle tracks and special traffic lanes for any kind or
class of vehicles, designing and setting of parking bays and service stations,
location of advertisement posts and bill boards, and underground ducts for
accommodating telecommunication cables, electric lines ;
(g)
the lay-out of access roads at suitable distances connecting the highway or
the proposed State road with the adjoining properties.
8.
Power to do certain acts for execution of State road Scheme :
When the
competent authority has sanctioned the State road schemes prepared in pursuance
of section 7 and provided the necessary fund for its execution, the
State road
authority shall proceed to carry out the work and may , for this purpose -
(a)
enter into and perform all such contracts on behalf of the competent authority as
may be considered necessary ;
(b)
make arrangements for the acquisition of the land required under the scheme by
outright gift or purchase by agreement with the owner or owners, or failing such
agreement, will transfer to State Government for decision on acquisition process.
(c)
turn, divert or close either temporarily or permanently any existing
State road or
portion thereof ; and
(d)
regulate subject to such rules as may be prescribed in this behalf, the kind, number
and speed of vehicles using any State road or portion thereof by means of barrier,
diversion roads or other means.
9.
Maintenance of S
t
ate road plans :
(1)
A
S
t
ate Road
Authority shall maint
ain
authoritative plans for the State roads under its control.
(2)
Such plans shall show clearly the boundaries of the S
t
ate road, the det
ailed
measurements of road widths, the distances between boundary marks and
sufficient measurements from fixed points to enable the re-fixation in position of
boundary marks in case they have been displaced or tempered with.
3)
The S
t
ate Road
Authority shall have all such authorit
ative plans prep
ared af
ter
having a survey made of the State road lands and their boundaries in the manner
prescribed in Chapter-VIII and in accordance with the record of that survey as
notified under section 50 and modified, as may be under section 51.
10.
Demarcation of S
t
ate Road Boundaries :
(1)
The S
t
ate Road
Authority shall
have the boundaries of the State roads in its charge demarcated with reference to
the authoritative plans maintained by it, by planting boundary stones or other
suitable marks of a durable nature, signage/geo-tagging at intervals all along the
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State road in such a manner that the imaginary line joining such stones or marks
shows road boundary correctly in a true horizontal plan without sloped or inclined
measurement. Photographic/videographic images containing GPS record of
promin
ent reference land marks of boundaries of state road shall be maintained
by State Road authority .
(2)
Where there are bends or links in the road boundary
, the stones or marks shall be
so located as to give the correct configuration of the boundary if they are joined by
straight or curve lines.
(3)
The boundary stones or marks, which may be given consecutive numbers, shall
be maintained on the ground as if they constitute part of the State road.
(4)
Where st
andard wid
ths have been prescribed for any S
t
ate road under section 12,
the distance between the State road boundaries so demarcated shall correspond
to that width.
11.
Annual check of S
t
ate road boundaries :
(1)
It shall be the duty of the S
t
ate
Road Authority to conduct an annual check of the boundaries of the State Road, in
its charge with a view to locating unauthorized encroachment, if any .
(2)
When the S
t
ate Road
Authority is satisfied that un- authorized encroachment has
been made on State road land, it shall take immediate steps as specified in
section 26 for the removal thereof.
CHAPTER - IV
RESTRICTION OF RIBBON DEVELOPMENT ALONG
STATE ROADS AND CONTROL OF ACCESS TO STATE ROADS
12.
S
t
andard wid
th of S
t
ate Roads :
(1)
The S
t
ate Road
Authority may
, with the
prior approval of the State Government, prescribe a standard width for any State
road under its charge or adopt the relevant standard prescribed for hill areas by
the Indian Roads Congress specifications.
(2)
The st
andard wid
th of S
t
ate road may be same throughout the length or dif
ferent in
reach wise according to local needs.
(3)
When a S
t
ate Road
Authority proposes to prescribe a st
andard wid
th in respect of
any State Road or a portion thereof, it shall issue notification and invite objections,
if any , to be submitted to it within 60 days of the date of issue of such notifications.
(4)
The notification shall also be published in local dialect in the locality where the
State road is situated, and in addition, copies of the notification shall be served to
all Gram Panchayat along the State road, for wide publicity .
(5)
All objections received within the prescribed period shall be taken into account
and considered on merit by the State Road Authority before finalizing its proposal
for submission to the State Government.
(6)
The S
t
ate Government may reject or sanction the proposal with or without
modification. The decision of the State Government regarding the objections or
suggestions mentioned above shall be final and conclusive.
(7)
When the S
t
ate Government's order sanctioning the proposal with or without
modification has been issued, the State Road Authority shall cause further publicity
to be given to the standard width, as finally approved, in the same manner as
prescribed in section 12(4), and the records so published shall thereupon be
conclusive proof that the standard width so determined and recorded therein has
been correctly determined and recorded.
(8)
In determining the st
andard wid
th, the S
t
ate Road
Authority and the S
t
ate
Government shall take into account the requirements of public health and welfare,
safety and convenience for all classes of traffic, including pedestrians and cyclists
likely to use the State road.
(9)
The st
andard wid
th so determined may
, at any time, be altered but the procedure
for such alterations shall be the same as prescribed for the determination of original
standard width.
13.
Fixation of building lines and control lines :
(1)
The
S
tate Road Authority
may , with the prior approval of the State Government, determine and fix building
lines and control lines in respect of any State road or part of a State road in its
charge along one or both sides of the State road.
(2)
Having regard to the situation or the requirement of a S
t
ate road or the condition of
the local area through which a State road passes, it shall be lawful for the State
Government:
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(a)
to fix a uniform width or with different in reach wise between boundary line
and building line or between building line and control line.
(3)
When S
t
ate road authority proposes to determine a building and a control line in
respect of the State road, the same procedure shall, as far as applicable, be
followed as prescribed under section 12(1) for the prescription of standard width.
(4)
The building and control lines as finally determine shall be demarcated on the
ground by distinctive stones or other suitable marks which may be painted with
different colours and serially numbered.
(5)
Within three months from the date of publication of the notification under
sub-section
(3) of section 13, above fixing the standard width or boundaries, building line and
control line with respect to any State road, the State Road Authority shall make a
map showing the alignment of the State road, the State road boundaries, building
and control lines and any other particulars necessary for the purpose of this Act
and within two months from the date of making any alternative or additions thereto,
cause the said map to be corrected and such map, with the date indicated thereon
of the last time it has been corrected shall be kept in the office of the State Road
Authority
S
uch map, which shall bear the seal of the State road authority , shall be
opened to inspection, and copies of such map shall also be kept for inspection at
such other places as may be prescribed by the State Road Authority .
14.
Restriction on land use between State road boundary and building line :
(1)
Notwithstanding anything contained in any other law for the time being in
force,
it shall be unlawful for any person except with prior permission from the
S
tate
Road Authority or any designated person working on behalf of State Road Authority :
(a)
to construct or layout any means of access to or from a S
t
ate road ;
(b)
to erect or re-erect or extend any building or any kind of structure ;
(c)
to make any excavation ; or
(d)
to construct, form or layout any works, upon land between the S
t
ate road
boundary and the building line determined in respect of the State road under
section 13 :
Provided, however
, that these restrictions shall not apply to any works necessary
for the repair, renewal, enlargement or maintenance of any sewer, drain, electric line,
pipes, ducts or any other apparatus, constructed in or upon the land before the date
of commencement of restriction or, with the consent of the State Road Authority , on or
after that date.
(2)
Should any building or any other structure or apparatus lie within the area between
the building line and in the middle of the State road before commencement of
restriction, the State Road Authority shall, whenever such structure has been
either entirely or in part taken down or burnt down or has fallen down, by notice,
require such structure or part, when rebuilt, to be set back to the building line.
(3)
Any temporary structure that has existed between building line and middle of the
State road before issue of notification on the matter shall not be converted into
permanent structure.
15.
Restriction on use of land between building line and control line :
(1)
Notwithstanding anything contained in any law for the time being in force, no
person shall erect or re-erect any building or structure or make or extend any excavation
or alter the level of land by lowering, raising, digging, or filling up, or construct, form
or layout any means of access to the State road upon land lying in between the
building and the control lines determined in respect of the State road, except with the
prior permission of the State road authority .
(2)
Any person desiring to obtain the permission referred to in
S
ection 15(1) shall
make an application in writing to the
State Road Authority in such form with and
together with such non-refundable fees as may be prescribed.
(3)
On receipt of such application, the S
t
ate Road
Authority af
ter making such further
enquiries as it may consider necessary , shall, by order in writing, either:
(a)
grant the permission, subject to such conditions if any
, as may be specified
in the order; or
(b)
refuse to grant such permission.
(4)
The
State Road
Authority shall not ordinarily refuse permission for :
(a)
the erection of a building or a structure which was in existence on the date on
which the restriction under
S
ection 15 (1) came into force, unless such re-
erection involves any material alteration to the outside appearance of the
building of structure.
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(b)
the re-erection of a building or structure or structure which was in existence
on the date on which the restriction under
S
ection 15 (1) came into force,
unless such re-erection involves any material alteration to the outside
appearance of the building or structure.
(5)
When the S
t
ate Road
Authority refuses the permission, the reason thereof shall
be recorded and communicated to the applicant;
Provided that nothing contained therein shall debar a person from making a
fresh application after rectifying the defect on account of which such permission
was refused, and the State Road Authority shall consider the application; afresh
and pass an order thereon.
(6)
In the event of not p
assing any order by the
Authority even on the expiry of six
months after an application has been made to the State road authority as required
under
S
ection 15(1) or provision to
S
ection 15(5), permission shall be deemed to
have been given without the imposition or any condition.
Provided that no such permission shall be presumed to have been granted if
the application is for construction, formation or laying out of any means of access.
(7)
The S
t
ate Road
Authority shall maint
ain a register with suf
ficient p
articulars of all
permissions granted or refused by it under this section and the register shall be
available for inspection free of charge, by all persons interested and such persons
shall be entitled to obtain extracts there from on payment of such fees as may be
prescribed.
16.
Appeal :
(1)
If any applicant is aggrieved by any decision of the S
t
ate Road
Authority
under
S
ection 15(3) or 15(5), may , within 30 days from the date of such order, prefer
an appeal to the Commissioner/Secretary , PWD/RWD, as the case may be.
(2)
The Commissioner/Secret
ary
, PWD/R
WD, may
, af
ter giving an opportunity to the
appellant to be heard, may make such order as deemed fit and proper and such
order in the matter shall be final.
17.
Declaration of limited access S
t
ate road :
(1)
The S
t
ate Road
Authority may
,
with the approval of the State Government, declare a State road or any portion of it
to be a limited access State road.
(2)
When a S
t
ate Road
Authority proposes to make any such declaration under
S
ection 17(1), the same procedure, as applicable, shall be followed as prescribed
under
S
ection 12(1) to 12 (9) for the prescription of standard widths.
(3)
It shall be unlawful for any person to layout a new means of access to a limited
access State road for vehicles or pedestrians except with the specific permission
of the State Road Authority .
(4)
The procedure for obt
aining the permission of the S
t
ate Road
Authority for this
purpose shall be the same as prescribed in Section 15, and in the event of refusal
of permission, the applicant shall have the right of making a fresh application to
the authority and the right of appeal to the Commissioner/ Secretary ,PWD/RWD
in the same manner as prescribed in
S
ection 16.
(5)
When any S
t
ate road or p
art of it has been declared to be a limited access S
t
ate
road, the State Road Authority shall, within six months of the final publication of
the declaration; prepare a plan of such State road or part showing the points of
access for in accordance with
S
ection 9(3).
(6)
A plan so prepared shall be available for inspection by the public in the office of
the State Road Authority free of charge at all reasonable times, and copies of it
shall be made available to any member of the public on application to the State
Road Authority and on payment of such reasonable cost as may be prescribed.
18.
Regulation or diversion of right of access to State road :
(1)
The S
t
ate Road
Authority may , if it considers diversion is essential in the interest of safety or convenience
of traffic, shall have the right to regulate or divert any existing right of access to State
road in the manner specified hereinafter :
Provided that any existing right of access shall not be diverted until alternative
access has been provided.
(2)
Where any existing right of access is diverted, the point at which alternative
access is given to the State road shall not be unreasonably distant from the
existing point of access.
(3)
The S
t
ate Road
Authority shall, by notification in the Of
ficial Gazette publish date
on which the existing right of access has been diverted and alternative access
that has been given.
19.
Compensation :
(1)
Notwithstanding anything contained in any other law for the time being in force no
person shall be entitled to claim any compensation for any injury , damage or loss
caused or alleged to have been caused as a result
of :
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(a)
loss of Land or Rent of it in occup
ation prior declaration of the S
t
ate Road and
falling within the road land width of the category of State Road notified by
Government of Arunachal Pradesh under Section (3).
(
b
)
the restriction imposed against the erection or re-erection of a building or
the making or extending of any excavation or tile laying out of any means
of
access
on
or across land lying in between the control line and the middle
of a State road under
Section
14
or
S
ection 15.
(c)
the regulation or diversion of the existing rights of access under section 18
across lands lying with the Control line and the State road boundary; and
(d)
the refusal of permission for the laying out of new means of access to a
limited access State road under
S
ection 17(3).
(2)
Compensation shall be payable by the state road authority if the appeal of the
Claimant is approved by State Government for the following ;
(a)
any existing permanent types structure of dwelling/commercial, wherein
compliance with the notice served by the state road authority under
S
ection
14(2), building or part thereof has been set back to the building line of any
State road.
(b)
any standing crops, horticulture fruit bearing trees, commercial plants grown
by farmers needed to be removed due to new road construction or extension
of existing road land boundaries due to up-gradation, re-alignment for geometric
improvement/safety measures of state road.
(3)
Where compensation is payable under the provisions of
S
ection 19(2), the claimant
may , within three months of the date of notice issued by the State roa
d
authority
under
S
ection 14(2) as the case may be, prefers his claims for compensation
direct to the office of the officer exercising the power of the Collector under Section
29 of “The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013” or any relevant Act in force at the
time of acquisition of land for the purpose as amended from time to time.
(4)
Nothing in this
S
ection shall be deemed to preclude the settlement of a claim by
mutual agreement in public interest.
20.
Determination of compensation :
(1)
When a claim is transferred for disposal under
S
ection 20(2) to an officer exercising
the powers of a Collector under
S
ection 29 “The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”
or any relevant Act for the time being in force at that time, such officer shall
make an award determining the amount of compensation payable to the claimant.
(2)
No compensation shall be awarded under
S
ection 19(2)(a) and
S
ection 19(2)(b)
unless ;
(a)
the Claimant Satisfies the of
ficer making the award that the S
tructure set
backed/demolished were Constructed prior to declaration State Road assets
under Section 14(2).
(
b)
the Claimant Satisfies the officer making the award that the fruit bearing trees/
horticulture gardens were developed prior to the declaration
S
tate Road assets
under
S
ection 3.
(c)
the Claimant Satisfies that no suf
ficient time for harvesting of S
t
anding
agricultural Crops were provided by State road authority by making loss of
Crops to the owner of agricultural land.
21.
Rights and interest when to be extinguished :
(1)
Whenever an order of determination is made by the Collector under section 20(1),
the Collector shall tender payment of compensation determined by him to the
person entitled thereto according to the said determination.
(2)
Whenever the amount of compensation is tendered, paid or deposited in the
Court, the right or interest in the Private assets stands extinguished free from all
encumbrances and the State Government or the State Road
Authority shall be
free to enforce the provisions of this Act over such assets.
22.
Notice for extinguishment of right of interest in property :
(1)
The notice to be given under section 21(1) shall state the particulars of the right or
interest in the property to be extinguished and shall require all persons having
such right or interest to appear personally or by an agent before the Collector on
a day within fifteen days after the publication of such notice. Nature of the rights
or interest in the property to be extinguished, the amount and particulars of claims
of compensation and the objection, if any , may be required to be stated in writing
.
The Arunachal Pradesh Extraordinary Gazette, May 9, 2018
9
CHAPTER - V
PREVENTION OF UNAUTHORIZED OCCUPA TION OF STATE ROAD
LAND AND REMOVAL OF ENCROACHMENTS
23.
S
t
ate Road deemed to be S
t
ate Government property :
All land forming part of
a State road which has not already vested in the State Government shall, for the
purpose of this Act, be deemed to be the State Government property .
24.
Prevention of unauthorized occupation of State road :
(1)
No person shall
occupy any State road or part of a State road for purpose other than traffic or do any
act which involves any of the activities mentioned in Section 2(7).
(2)
The S
t
ate Road
Authority may
, with due regard to the safety and convenience of
traffic and subject to such conditions as may be imposed and rules as may be
prescribed by the State Government and on payment of such rent or other charges
as may be prescribed under such rules, permit any person :-
(a)
to place a movable encroachment on any S
t
ate road in front of any building
owned by him or make a movable structure overhanging the State road;
(b)
to put up a temporary owning or tent, pandal or other similar erections or a
temporary stall or scaffolding on any State road ; or
(c)
to deposit or cause to be deposited building materials, goods for sale or other
articles to on any State road , or
(d)
to make temporary excavation, for carrying out any repairs or improvements
to adjoining buildings:
Provided that no such permission shall be deemed to be valid beyond a
period of one year at a time unless expressly renewed by the State Road Authority .
(3)
The permission so granted shall clearly specify the date up to which the person
is authorized to occupy the State road land, the purpose for which occupation is
authorized and the exact portion of the State road permitted to be occupied, and
shall also be accompanied by a plan or sketch of that portion of the State road, if
necessary .
(4)
The person in whose favour
, such a permission has been given shall produce the
permit for inspection whenever called upon to do so by any State road official and
shall at the end of the period prescribed in the permit release the land occupied
by him after restoring it to the same state as before occupation by him.
(5)
The S
t
ate Road
Authority shall maint
ain a complete record of all such permissions
issued, and shall also cause a check-up to be made in every case on the expiration
of the period up to which occupation has been authorized to ensure that the land
has actually been vacated.
25.
Power to cancel permission :
(1)
The S
t
ate Road
Authority may cancel any
permission granted under section 24 :-
(a)
if any rent or charge is not duly paid;
(b)
if the purpose for which the permission was given has ceased to exist ;
(c)
in the event of any breach of any terms and conditions of such permission;
(
d)
if the land on which such encroachment has been made is required for any public
purpose or such encroachment is causing impediment or danger to traffic.
(2)
Where the permission has been cancelled under
S
ection 25 (b) or Section 25 (d),
any rent or charge paid in advance shall be refunded to the holders of such
permission less the amount, if any , due to the State Government.
26.
Removal of encroachment :
(1)
When, as a result of the annual check of S
t
ate
road boundaries made under section 11 or otherwise, the State Road Authority is
satisfied that an encroachment has taken place on the State road under its
jurisdiction, it shall serve a notice on the person responsible for the encroachment
or his representative requiring him to remove such encroachment and restore the
land to its original conditions prior to encroachment within such time as may be
specified in the notice, and if the person fails to comply with the notice, the State
Road Authority shall cause the encroachment to be removed, with assistance of
Police, if required.
(2)
Whenever an encroachment is made for the purpose of exposing articles for sale
or for opening temporary booth for vending or publicity or for other like purposes,
the State Road Authority shall with the help of Police, if necessary , have such
encroachment summarily removed.
27.
Recovery of cost of removal of encroachment :
Whenever a State Road Authority
removes any encroachment under this Act, the actual expenditure involved in removal
of road encroachment plus fifteen percent for overhead charges shall be recovered
from the person responsible for the encroachment in the manner as may be prescribed.
10
The Arunachal Pradesh Extraordinary Gazette, May 9, 2018
28.
Compensation not admissible for unauthorized action :
(1)
If any person has
erected, re-erected, added or altered any building on any land which is required for the
purpose of State road without prior authorization then any appreciation in the utility of
the land from such erection, re-erection, addition or alteration shall not be taken into
account in determining the amount of compensation under section 20.
(2)
No compensation shall be payable for the removal of any encroachment.
CHAPTER - VI
SUPPLEMENTAL PROVISIONS TO SECURE SAFETY OF TRAFFIC AND
PREVENTION OF DAMAGE TO STATE ROADS
29.
Prevention of obstruction line of sight of persons using State road :
(1)
Whenever
the State Road Authority is of the opinion that it is necessary for the prevention of
danger arising from obstructions of the view or distraction of the attention of persons
using any State road, specially at any bend or corner of the State road, it may serve a
notice upon the owner or occupier of the land alongside or at the bend or corner of
such State road to alter or remove altogether, within such time and in such a manner
as may be specified in the notice, the height or character of any existing wall (not
being a wall forming part of a permanent structure), fence, hedge, tree, advertisement
post, bill board or any other object thereon, so as to eliminate or minimize the
apprehended danger.
(2)
If any person upon whom a notice has been served under
S
ection 29(1), object to
comply with any requirement of such notice, he may , within 14 days of its receipt,
send to the State Road Authority , his objection in writing stating the reasons
thereof.
(3)
The S
t
ate Road
Authority shall, within 14 days of the receipt of the objection
consider the grounds advanced and shall, by order in writing either withdraw the
notice or amend or confirm it.
(4)
If a person is aggrieved by an order issued by a S
t
ate Road
Authority under
S
ection 29(3), he may prefer an appeal within 7 days from the date of such order
to the Collector of the district, whose decision in the matter shall be final.
(5)
If any person fails to comply with the notice served on him under
S
ection 29(1)
as amended or confirmed, as the case may be under Sections 29(3) or 29(4), the
State Road Authority may take action to alter or remove the object causing
obstruction or distraction of view at its own expense and such expenditure together
with 15% departmental charges, shall be recovered from such person in accordance
with the provisions of section 27 without prejudice to any other action which may
be taken against her/him.
30.
State Road Authority to regulate traffic when State road is deemed unsafe
prescribing axle load limit or category of vehicles :
If at any time, it appears to a
State Road Authority that any State road in its charge or any portion thereof is or has
been rendered unsafe for vehicular or pedestrian traffic by reason of damage or otherwise,
it may , subject to such rules as may be prescribed in this behalf, either close the
State road or any regulate the class, number and speed of vehicles using the State
road.
31.
Prohibition of use of heavy-vehicles on cert
ain S
t
ate Road :
Where the State
Road Authority is satisfied that the surface of any State road or a portion thereof or any
bridge, culvert or causeway built on or across any State road is not designed to carry
vehicles of which the laden weight exceeds a certain limit it may , subject to such rules
as may be prescribed in this behalf, prohibit or restrict the plying of such vehicles on
or over such State road or such part of the State road or such bridge, culvert or causeway .
32.
Restriction of traffic where State road is temporarily closed :
Where, in pursuance
of Section 8(c) and 8(d) or in exercise of the powers under
S
ection 30 or
S
ection 31,
the State Road Authority desires to temporarily close any State road or part of it to
traffic or to restrict or regulate traffic thereon in any manner, it shall request the authority
authorized to control traffic under any law in force, to enforce the restrictions in the
said manner.
3
3.
Procedure to be followed when State road authority wishes to close any State
road permanently :
(1) Where, in pursuance of Section 8(c) or in exercise of
S
ection 30
State Road Authority desires to permanently close down any State road or part thereof, it
shall give notice of its intention so to do in the Official Gazette, and shall cause further
publicity to be given to the notice in the manner prescribed under
S
ection 12(4).
(2)
The notice shall indicate the alternative route, if any
, which is proposed to be
provided or which may already be in existence, and shall also invite objections if
any , to the proposal to be submitted within such time as may be specified.
The Arunachal Pradesh Extraordinary Gazette, May 9, 2018
11
(
3)
The S
t
ate Road
Authority shall finalize it
s proposal to close down any S
t
ate road
or part of it after considering the objections, if any , received within the specified
time, and shall submit the final proposal to the State Government for approval
together with such objections, as may have been received against the proposal.
(4)
The S
t
ate Government may either approve the proposal, with or without
modifications, or reject it.
(5)
When the S
t
ate Government has approved the proposal, it shall publish it
s orders
in the Official Gazette.
(6)
When the orders of the S
t
ate Government have been published in the Of
ficial
Gazette, the State Road Authority shall arrange for further publicity to be given to
the orders in the manner prescribed under
S
ection 12(4) and the State road or
part thereof shall then be closed.
34.
Consent of State Road Authority required to do certain act on State road :
(1)
Notwithstanding anything contained in any other law for the time being in force,
no person other than a State Road Authority shall construct or carry any cable,
wire, pipe, drain, sewer or channel of any kind through, across, under or over any
State road, except with the specific consent of the State Road Authority .
(2)
In giving it
s consent, the S
t
ate Road
Authority may impose such conditions as it
may be necessary and may also impose a rent or other charge for any land
forming part of the State road occupied by or applied for the proposed work.
(3)
If any person constructs or carries out any work in contravention of
S
ection 34
(1), the State Road Authority may arrange for the removal of such work and
restoration of the State road to itExcerpt shown. Open the full act in Lexace.