LexThe Gujarat Highways Act. 1955
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
BOMBAY ACT NO. LV OF 1955
THE GUJARAT HIGHWAYS ACT,1955.
(As modified upto the 31st August, 2012)
THE GUJARAT HIGHWAYS ACT, 1955.
....................................
CONTENTS
PREAMBLE PAGE NO.
SECTIONS.
CHAPTER I.
PRELIMINARY.
1. Short title, extent and commencement. 1
2. Definitions. 1
CHAPTER II.
DECLARATION OF HIGHWAYS, HIGHWAY
AUTHORITIES AND THEIR POWERS AND FUNCTIONS.
3. Declaration of roads, ways or lands as highways. 3
4. Appointment of Highway Authorities. 3
5. Powers and duties of Highway Authorities. 4
6. Officers and servants of Highway Authority. 4
CHAPTER III.
RESTRICTION OF RIBBON DEVELOPMENT.
7. Power to fix boundary, building and control lins of Highways. 4
8. Map to be prepared and maintained. 5
9. Restrictions on buildings between highway boundary and buildings 5
line and between building and control lines.
10. Appeal. 7
11. Exemptions for works in progress, etc. 7
12. Setting back of buildings to building line or control line. 7
13. Regulation or diversion of right of access to highway. 7
14. Powers of Highways Authority and officers and servants appointed 8
under section 6 in respect of surveys.
15. Acquisition of land or right or interest in land. 8
16. Land required to be marked and measured. 8
17. Public notice and other notices of such requirement for acquisition. 8
18. Persons required to make statements regarding other persons 9
having interest.
19. Taking possession of land. 9
CHAPTER IV.
PREVENTION OF UNAUTHORIZED OCCUPATION
OF, AND ENCROACHMENT ON A HIGHWAY AND
REMOVAL OF ENCROACHMENT.
20. Lands forming part of highway deemed to be Government property. 20
21. Prevention of unauthorized occupation of highway. 10
22. Power to cancel permit. 10
23. Prevention of encroachment. 11
24. Appeal against notice served under sub-section (1) of section 23. 11
25. Recovery of cost of removal of encroachment. 12
PREAMBLE PAGE NO.
SECTIONS.
CHAPTER V.
COMPENSATION.
26. Doing minimum damage in certain cases and compensation. 12
27. Determination of amount of compensation by agreement. 12
28. Determination of amount of compensation in default of agreement. 13
29. No compensation if similar restrictions in force under any 13
other law or if compensation already received.
30. Compensation for refusal of permission to build not to exceed 13
difference between its value when it was refused and when it
would have been granted.
31. Compensation for diversion of access not to exceed cost of 13
alternative access.
32. Compensation for cutting of standing crops, trees, etc. 13
33. No compensation for unauthorized erections. 14
34. No compensation for removal of encroachment. 14
35. Reference against award of Highway Authority or authorized 14
officer under section 28.
36. Procedure and powers of the authorities empowered to decide 14
references under sections 35 and 44.
37. Commissioner of Police or District Superintendent of Police to 14
enforce surrender or remove any encroachment.
38. Decisions of authorities under sections 35 and 44 to be enforced 15
as decrees of civil court.
39. Payment of compensation awarded. 15
40. Payment by adjustment. 15
CHAPTER VI.
LEVY OF BETTERMENT CHARGES.
41. Notice to owners and persons interested. 15
42. Inquiry and order. 15
43. Increase in value and betterment charges. 16
44. Reference against order of authorized officer under section 42. 16
45. Finality of order fixing betterment charges and of decision on 16
reference.
46. Betterment charges to be first charge on land next to land revenue. 16
47. Payment of betterment charges. 16
48. Relinquishment of or exchange of land in lieu of payment 17
betterment charges.
CHAPTER VII.
SUPPLEMENTAL PROVISIONS TO SECURE SAFETY OF
TRAFFIC AND PREVENTION OF DAMAGE TO HIGHWAYS.
49. Prevention of obstruction of view of persons using any highway. 17
50. Highway Authority to regulate traffic when highway declared unsafe. 17
51. Prohibition of use of heavy vehicles on certain highways. 17
52. Procedure to be followed when Highway Authority desires 18
permanently to close any highway.
53. Consent of Highway Authority required to do certain acts on highway. 18
54. Prevention and rectification of damaged highway. 19
PREAMBLE PAGE NO.
SECTIONS.
CHAPTER VIII.
PENALTIES.
55. Disobedience of orders, instructions and refusal to give 19
information etc.
56. Contravention of restrictions relating to access or erecting any 19
building etc.
57. Unauthorized occupation of highway. 19
58. Causing damage to highways. 19
59. General provision for punishment of offences. 20
60. Power to compound offences. 20
CHAPTER IX.
MISCELLANEOUS.
61. Powers and duties of police. 20
62. Duties of village officials. 20
63. Power to utilise highway for other than road purposes. 20
64. Summary eviction. 20
65. Inquiries to be held summarily. 20
66. Registration of map made under section 8 not required. 21
67. Certain persons to be public servants. 21
68. Bar of jurisdiction. 21
69. Protection of persons acting in good faith and limitation of suite 21
or prosecution.
70. Service of notices and bills. 21
71. Power to make rules. 22
72. Savings. 22
73. Provisions of this Act or rules to prevail over inconsistent 23
provisions in other laws.
74. Building and control lines along national highways. 23
SCHEDULE.
BOMBAY ACT No. LV OF 1955.1
[THE GUJARAT HIGHWAYS ACT, 1955.]
[22nd December 1955]
An Act to provide for the restriction of ribbon development along highways, for the
prevention and removal of encroachment thereon, for the construction maintenance and
development of highways, for the levy of betterment charges and for certain other
matters.
WHEREAS it is expedient to provide for the restriction of ribbon development
along highways. for the prevention and removal of encroachment thereon, for the
construction, maintenance and develop ment of highways, for the levy of betterment
charges and for certain other matters; It is hereby enacted in the Sixth Year of the
Republic of India as follows :-
CHAPTER I.
Preliminary.
1. (1) This Act may be called the 2[Gujarat] Highways Act. 1955.
(2) It shall extend to the whole of the State of Bombay.
(3) This section shall come into force at once. The State Government may,
by notification in the Official Gazette , direct that all or any of the
remaining provisions of this Act shal1 come into force in such area and
on such date as may be specified in the notification:
Provided that the State Governme nt may, by notification issued in like manner,
exclude any road or way or class of roads or ways situate in such area from the operation
of all or any of the provisions of this Act.
2. In this Act, unless there is anything repugnant in the subject or context,-
(a) “animal” means any domestic or captive animal;
(b) “building” includes any erection of whatsoever material and in
whatsoever manner constructed (including a farm building for
agricultural purposes) and also includes plinths, doorsteps, walls
(including compound walls and fences) and the like;
(c) “ building line ” means a line on either side of any hig hway or part of a
highway fixed in respect of such highway or part by a notification under
sub-section (1) of section 7;
(d) “cantonment” means a cantonment established under the Cantonments
Act, 1924;
(e) “ control line “ means a lire on either side of a highway or part of a
highway beyond the building line fixed in respect of such highway or
part by a notification under sub-section (2) of section 7;
(f) “encroachment” means any unauthorised occupation of any highway or
part thereof, and includes an unauthorised-
Short title extent
and
commencement.
Definitions.
(i) erection of a building or any other structure, balconies, porches,
projections, on or over or overhanging the highway;
(ii) occupation of a highway beyond the prescribed period, if any, f or
stacking building materials or goods of any other description, for
exhibiting articles for sale,, for erecting poles, awnings, tents,
pandals, hoardings and other similar erections or for parking
vehicles or stabling animals or for any other purpose, and
(iii) excavations or dumps of any sort made or extended on any
highway or underneath such highway;
(g) “to erect “ with its grammatical variations in relation to a building means
to construct, reconstruct, extend or alter structurally a building;
(h) “ excavation “ in relation to any piece of land does not include any
workings which do not pierce the surface of that piece of land ; but
includes wells and tanks;
(i) “highway” means any road or way over which the public have a right of
way or are grant ed access and which is declared to be a highway under
section 3. The expression includes,-
(i) any land acquired or demarcated with a view to construct a
highway along it;
(ii) the slopes, berms, borrow -pits, foot -paths, pavements and side,
catch and boundary drains attached to such road or way;
(iii) all bridges, culverts, causeways, carriageways and other
structures, built on or across such road or way; and
(iv) the trees, fences, posts, boundary, furlong and mile stones, and
other highway access ories and materials and material stacked on
the road or way;
(j) “Highway Authority” means the authority appointed as such or to which
the functions of such authority are entrusted under section 4;
(k) “highway boundaries” means the boundaries of a hig hway fixed in
respect of such highway by a notification under sub-section (1) of section
7;
(l) “means of access” includes any means of access, whether private or
public, for vehicles or for foot passengers and includes any street;
(m) “middle of highwa y” means the point half -way between the highway
boundaries;
(n) “Occupier“ includes,-
(a) any person who for the time being is paying or is liable to pay to
the owner rent or any portion of the rent of the premises in respect
of which such rent is paid or is payable;
(b) an owner living in or otherwise using his premises;
(c) a rent-free tenant;
(d) a licensee in occupation of any premises; and
(e) any person who is liable to pay to the owner damages for the use
and occupation of any premises;
(o) “owner” means,-
(a) when used with reference to any premises, the person who
receives the rent of the said premises or who would be entitled to
receive the rent thereof if the premises were let and includes,-
(i) an agent or trustee who receives such rent on account of
the owner;
(ii) an agent or trustee who receives the rent of, or is entrusted
with, or concerned for, any premises devoted to religious
or charitable purposes;
(iii) a receiver, sequestrator or manager appointed by any court
of competent jurisdiction; and
(iv) a mortgagee-in-possession;
(b) when used with reference to an institution or a body corporate, the
manager of such institution or body corporate ;
(p) “prescribed” means prescribed by rules made under this Act ;
(q) “railway administration” has the same meaning as in the Indian 1
Railways Act, 1890 ;
(r) “vehicle” includes a barrow, sledge, plough, drag and a wheeled
conveyance of any description capable of being used on a highway ;
(s) the expressions “land”, “persons interested” and “persons entitled to act ”
used in this Act shall have the same meaning as the said expressions
have in the Land Acquisition Act, 1894.
II of 1890.
II of 1894.
CHAPTER II.
Declaration of Highway Authorities and their powers and functions.
3. The State Government may, by notification in the Official Gazette, declare any
road, way or land to be a highway and classify it as-
(i) a State highway (special),
(ii) a State highway,
(iii) a major district road,
(iv) other district road, or
(v) a village road.
4. The State Government may, by notification in the Official Gazette, appoint for
the purpose of this Act or any of its provisions any person or any authority to be
a Highway Authority for all the highways in the State or, in parts of the State, or
for any particular highway or highways in the State, specified in the notification;
5. Subject to such. conditions as may be specified, in the notification app ointing a
Highway Authority and subject to the general or special orders of the State
Government, a Highway Authority shall exercise powers and. discharge duties in
accordance with the provisions of this Act for the restriction of ribbon
development along highways, for the prevention and removal of en croachments
and for all matters necessary and incidental to any or all of the above subjects.
Also subject to the approval of the State Government and to such general o r
special orders., which the State Government may make in this behalf, it shall be
lawful to a Highway Authority to undertake the construction, maintenance,
development or improvement of highways.
6. For the purpose of enabling a Highway Authority to exercise the powers
conferred and to discharge the duties imposed upon it by or under the provisions
of this Act, the State Government may appo int such officers and servants as it
deems necessary to work under such Authority.
CHAPTER III.
Restriction of Ribbon Development.
7. (1) In any area in which the provisions of this Act have been brought into
force, and,
(i) where any road, way or land has been declared to be a highway
under section 3, or
(ii) where the construction or development of a highway is
undertaken, , the State Government may, by notification in the
Official Gaze tte, fix, as respects such highway, the highway
boundary, the building line and the control line:
Provided that having regard to the situation or the requirements of a highway or the
condition of the local area through which a high way passes, it shall be l awful for the
State Government-
(1) to fix different building or control lines, or
(2) not to fix building or control lines, in respect of any
Declaration of roads,
ways or lands as
highways.
Appointment of
Highway
Authorities.
Powers and duties of
Highway
Authorities.
Officers and servants
of Highway
Authority.
Power to fix
boundary, building
and control lines of
highways.
highway or portions thereof.
(2) Not less than sixty days before issuing a notification under sub -section
(1) the State Government shall cause to be published in the Official
Gazette and in the proscribed manner in the village and at the
headquarters of the taluka or mahal of the district in which the highway
is situate a notification stating that it propose s to issue a notification in
terms of sub -section (1), and specifying therein all the lands situated
between the highway boundary and the control line proposed to be fixed
under such notification and in the case of new works, also lands
benefiting by the construction or development of the highway, as the
case may be, together with a notice requiring all persons affected by
such notification, who wish to make any objections or suggestions with
respect to the issue of such a notification, to submit their objections or,
suggestions in writing to the Highway Authority or appear before such
authority, within two months of the publication of the notification in the
Official Gazette or within one month from the date of the publication of
the notification in the village, whichever period expires later.
(3) The Highway Authority shall, after all such objections or suggestions
have been considered or heard, as the case may be, and after such further
inquiry, if any, as it thinks necessary, forward t o the State Government a
copy of the record of its proceedings held by it together with a report
setting forth its recommendations on the objections or suggestions.
(4) If, before the expiration of the time allowed by sub -section (2) for the
filing or hearing of objections or suggestions, no objections or suggestion
has been made, the State Government shall proceeded at once to issue
the notification under sub -section ( 1) If any such objection or
suggestions has been made, the State Government shall consid er the
record and the report referred to in sub-section (3) and may either-
(a) abandon the proposal to issue the notification under sub -section
(1), or
(b) issue the notification under sub -section (1) with such
modifications, if any, as it thinks fit,
(5) In considering the objections or suggestions, the decision of the State
Government on the question, of issuing the notification under sub-section
(1) shall be final and conclusive.
8. Within two months from the date of publication of the notification under sub -
section (1) of section 7 fixing the highway boundary, building line and control
line with respect to any highway, the Highway Authority shall cause a map to be
made of the area through which such highway pa sses and shall cause to be
marked thereon the highway boundaries and building and control lines and any
other particulars necessary fo r the purposes of this Act and within one month
from the (late of making any alteration or addition thereto cause the said map to
be corrected and such map with the date indicated thereon of the last time when
the same shall have been so corrected shall be kept in the office of the Highway
Authority. Such map, which shall bear the seal of the Highway Authority, shall
be open to inspection. Copies of such map shall also be kept for inspection at
such other places as may be prescribed.
Map to be prepared
and maintained.
9. (1) Notwithstanding anything cont ained, in any law, custom, agreement or
instrument for the time „being in force, on or after the appointed day the
following restrictions shall, subject to the provisions of this Act, be in
force, hi that is to say,-
no person shall, without the previous permission in writing of the
Highway Authority,–
(a) upon any land lying between the highway boundary and the
building line proposed to be fixed under sub -section (2), or fixed
under sub-section (1), of section 7, as the case may be,
(i) construct, form or lay out any means of access to, or from,
a highway, or
(ii) erect any building, or
(iii) materially alter any existing building, or
(iv) make or extend any excavation, or
(v) construct, form or lay out any works; or
(b) upon any land lying between the building line and the control line
proposed to be fixed under sub -section (2), or fixed under sub -
section (1), of section 7, as the case may be,
(i) construct, form or lay out any means of access to, or from,
a highway,
(ii) erect any building, or
(iii) materially alter any existing building;
(c) use any building or alter the use of any building already erected in
a manner which in the opinion of the Highway Authority will, in
any manner whatsoever, infringe any of the provisions of this Act
or interfere with the use of a highway adjoining the land on which
such building is erected.
(2) Every person desiring to obtain such permission under sub -section (1)
shall make an application in writing t o the Highway Authority in such
form and containing such information as may be prescribed, in respect of
the building, alteration, excavation, works or means of access, as the case
may be, to which the application relates.
(3) On receipt of such application, the Highway Authorit y, after ma king
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:
Provided that-
(i) permission un der clause (a) of sub -section (1) to the
making of any excavation or construction, formation or
laying out of works in land for the purpose of repairing,
renewing, enlarging or maintaining any underground
sewer, drain, electric line, pipe, duct or other ap paratus
shall not be withheld nor be made subject to any
Restrictions on
buildings between
highway boundary and
building line and
between building and
control lines.
conditions save such as may be necessary for securing that
the sewer, drain, electric line, pipe, duct or other apparatus
shall be laid in such a manner and at such levels that the
construction, main tenance, development or improvement
of a road there over will not be prevented or prejudicially
affects thereby;
(ii) permission under clause (b) of sub -section (1 ) to the
erection or alteration of a building or laying out any means
of access to a highw ay which conform to the requirements
of public health, and welfare, and of safety and
convenience of frame on the adjoining road shall neither
be withheld nor made subject unreasonable conditions :
Provided that in the case of means, of access required for agricultural purposes such
permission shall neither be withheld nor be made subject to any conditions save such as
may be necessary for securing that the means of access shall be used for agricultural
purposes only;
(iii) permission under clause (b) of sub-section (1) to the re -
erection alteration of a building which was in, existence
before the appointed day neither be withheld nor made
subject to restrictions unless such re -erection alteration
involves any material alteration to the outside appearance
of the building.
(4) When the Highway Authority refuses permission, the reasons there for
shall be recorded and communicated to the applicant :
Provided that nothing herein contained shall debar a person from making a fresh
application after omitting the refrom the objectionable features communicated to him as
aforesaid on account of which such permission was refused.
(5) If at the expiration of a period of three months after an application for
such permission specifying the name and address of the applic ant has
been made to the Highway Authority, or such further period not
exceeding three months as may have b een notified by the Highway
Authority has elapsed and no decision has been notified in writing,
posted or delivered to the applicant at the address, then (except as may
otherwise be agreed in writing between the Highway Authority and the
applicant) permission shall be deemed to have b een given without the
imposition by the Highway Authority of any conditions.
(6) The High -way Authority shall maintain a register with sufficient
particulars of all permissions given 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 take extracts
therefrom.
Explanation.- For the purpose of this section, the “ appointed day ” shall, -with
reference to any highway boundary, building line or control line, mean-
(1) the day on which a notification is published in the Official Gazette
under sub-section (2) of s ection 7 proposing to fix such highway
boundary, building line or control line, and
(2) if any modification is made in such highway boundary, building
line or control line, the day on which, the notification is published
under sub-section (1) of section 7 fixing such highway boundary,
building line or control line.
10. (1) If any applicant is aggrieved by any decision of the Highway Authority
under section 9, withholding permission, or imposing any condition, he
may appeal to the State Government within 30 days from the date on
which such decision was communicated to him.
(2) The State Government may, after giving an opportunity to the applicant
to be heard, make such order as it thinks fit upon the appeal and the
decision of the State Government shall be final.
11. (1) No restrictions in force under section 9 shall apply to the erection or
making of a building or excavation or to the const ruction, formation or
laying out, of any means of access or works begun before the appointed
day referred to in section 9.
(2) No restrictions in force under section 9, except restrictions as to the
construction, formation or laying out, or m eans of access, shall apply to
any land forming part of a burial or cremation ground or other place for
the disposal of the dead being land which has, before the passing of this
Act, been used for such purpose.
(3) No restrictions in force under section 9 shall apply to any excavation of
works necessary in connection with any drains, ditches, or other drainage
works for agricultural purposes or to any works necessary for the repair,
renewal enlargement or maintenance of any sewer, drain, electric line,
pipe, duct, or other apparatus, constructed in or upon the land before the
date on which the restrictions came into force or with the consent of the
Highway Authority on or after that date.
12. Whenever any building or any part thereof erected before the appointed day
referred to in section 9 lies between the building line and the middle of the
highway, the Highway Authority may, whenever any such building or part has
either entirely or in greater part been taken down, burnt down or fallen down by
notice require such building or part when re -erected to be set; back to the
building line control line.
13. (1) The Highway Authority may, if it is considered essential in the interests
of safety or convenience of traffic,, regulate or divert any existing right
of access to a highway across land lying between the control line and the
highway boundary :
Provided that the existing right of access shall not be diverted until
alternative access has been given.
(2) Where the existing right of access is diverted, the point at which
alternative access is given to the highway shall not be unreasonably
distant from the existing point of access.
(3) The-Highway Authority shall, by notification in the Official. Gazelle ,
publish the date on which the existing right of access has been dive rted
and alternative access has been given.
Appeal.
Exemptions for
words in progress,
etc.
Setting back of
buildings to building
line or control line.
14. For the purpose of carrying out any of the provisions of this Act, the Highway
Authority and the officers and servants appointed under section 6 may-
(a) enter upon, survey and take measurements and levels of any land ;
(b) mark such levels, dig or bore into the subsoil of any land;
(c) demarcate the boundaries of the highway by planting stones or other
suitable marks in different colours of a durable nature at intervals all
along the highway in such a manner that the imaginary line joining such
stones or marks shows the road boundary correctly ;
(d) where there are bends or kinks on the road boundary, locate the stones or
marks in different colours so as to give the correct configuration of the
boundary if they are joined by straight lines ;
(e) give consecutive numbers to such boundary stones or marks and
maintain them on the ground as if they constituted part of the highway ;
(f) lay out the building and control lines by placing marks in different
colours and cutting trenches ;
(g) if the survey cannot otherwise be made, or measurements or levels taken
or boundaries marked and lines laid out, cut down and clear a way any
standing crop, tree, fence or jungle or any part thereof;
(h) do all other acts necessary in that behalf:
Provided that the Highway Authority shall not, except with the consent of the
occupier thereof, enter or permit any of the officers or servan ts to enter any premises
without previously giving such occupier at least forty -eight hours‟ notice in writing of its
intention to do so.
15. If at any time on the application of the Highway Authority, the State Government
is satisfied that any land required for the purposes of a highway or any right or
interest of any person in any land required for the said purposes should be
compulsorily acquired or extinguished, as the case may be, it shall be lawful for
the State Government to publish a notification to that effect in the Official
Gazette. Such notification shall also be published in such other manner as may be
prescribed. A notification so p ublished shall be deemed to be a declaration that
the land is needed, or as the case may be, the right or interest is required to be
extinguished for the purpose of the highway ; and such declaration shall be
conclusive that the land is so needed, or the r ight or interest is so required to be
extinguished.
16. The Highway Authority or any officer or servant authorised by the Highway
Authority shall thereupon cause the land to be marked out. It shall also cause it to
be measured and if no plan is made thereof, a plan to be made of the same.
17. (1) The Highway Authority shall then cause a public notice to be given at
convenient places on or near such land stating that the State Government
intends to take permission of the land, or as the case may be, to
extinguish any right or interest in the land and that claims to
compensation for all interest in such land, or any right or interests in land
to be ex tinguished may be made to such officer as the Highway
Authority may designate.
Powers of Highways
Authority and
servants appointed
under section 6 in
respect of surveys;
Acquisition of land or
right or interest in
land.
Land required to be
marked and
measured.
Public notice and
other notices of such
requirement for
acquisition.
(2) Such notice shall state the particulars of the land so needed or right or
interest in land to be extinguished and shall require all persons interested
in the land or in the right or interest to be extinguished to appear
personally or by agent before such officer as may be designated, at the
time therein mentioned (such time not being earlier than fifteen days
after the date of the publication of the notice) and to state the nature of
their respective right or interest in the land, or as the case may be, in the
right or interest to be extinguished and the amount and the particulars of
their claims to compensation for such right or interest or both and their
objections, if any, to the measu rements made under section 16. The
Highway Authority may, in any case, require such statement to be made
in writing and signed by the party or his agent.
(3) The Highway Authority shall also serve notice to the same effect on the
occupier of s uch land and on all such persons known or believed to be
interested therein or to be entitled to act for persons so interested, as
reside or have agents authorised to receive service on their behalf, within
the district in which the land is situate.
(4) In case any person so interested resides elsewhere, a notice shall be
served in the manner provided in section 70.
18. (1) The Highway Authority or the officer authorised by it may also require
any such person to make or deliver to it or him at a time not being earlier
than fifteen days after the date of the requisition a statement containing,
as far as may be practicable, the name of every other person possessing
any interest in th e land or in any part thereof, or as the case may be, in
any right or interest in land to be extinguished as co -proprietor, sub -
proprietor, mortgagee, tenant or otherwise, and of the nature of such
interest, and of the rents and profits, if any, received o r receivable on
account thereof in respect of the three years next preceding the date of
such statement.
(2) Every person required to make or deliver a statement under this section
or under section 17 shall be deemed to be legally bound to do so within
the meaning of sections 175 and 176 of the Indian Penal Code.
19. At any t ime after the publication of a noti fication under section 15, the State
Government may direct that the land specified in the notification shall be taken
possession of, or as the case may be, the right or interest specified therein shall
be extinguished from such date as may be specified in the direction. From such
date the said land shall vest absolutely in the State Government free from all
encumbrances, or as the case may be, such right or interest therein shall be
extinguished.
Persons required to
make statements
regarding other
persons having
interest.
XLV of 1860.
Taking possession
of land.
CHAPTER IV.
Prevention of unauthorized occupation of, and encroachment on, a highway and
removal of encroachment.
20. All lands forming part of a highway which do not already vest in the State
Government shall, for the purpose of this Chapter, be deemed to be the property
of the State Government.
21. (1) No person shall occupy or encroach on any highway within the highway
boundaries without obtaining the previous permission in writing of the
Highway Authority or an officer authorized in this behalf by the
Highway Authority.
(2) The Highway Authority or an of ficer authorized by the Highway
Authority in this behalf may, with due regard to the safety and
convenience of traffic and subject to such conditions as may be imposed
and such 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,-
(i) to place a temporary encroachment on any highway in front of
any building owned by him or make a temporary structure
overhanging the highway, or
(ii) to put up a temporary awning or tent, pandal or other similar
erection or a temporary stall or scaffolding on any highway, or
(iii) to deposit or cause to be deposited building materials, goods for
sale or other articles on any highway, or
(iv) to make a temporary excavati on for carrying out any repairs or
improvements to adjoining building :
Provided that no such permission shall be deemed to be valid beyond a period of one
year unless expressly renewed by the Highway Authority or the authorized officer.
(3) The permission so granted shall clearly specify the date up to which the
person is authorized to occupy the highway, the purposes for which
occupation is authorized and the exact portion of the highway permitted
to be occupied, and shall also be accompanied by a plan o r sketch of that
portion of the highway, 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 the
Highway Authority or any officer by a general or special or der
empowered in that behalf and shall at the end of the period specified in
the permit release the land occupied by him after restoring it to the same
state as before the occupation by him.
(5) The Highway Authority or the officer issuing the permission shall
maintain a complete record of all such permissions issued, and shall also
cause a check-up to be made in every case at the expiration of the period
up to which occupation has been authorized to ensure that the land has
actually been vacated.
Lands forming part
of highway deemed
to be Government
property
Prevention of
unauthorized
occupation of
highway.
22. (1) The Highway Authority may cancel any permission granted under
section 21-
(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 by the holder of such permission or of
any terms or 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 clause ( b) or (d) of sub -
section (1), any rent or charge paid in advance shall be refunded to the
holder of such permission less the amount, if any, due to the State
Government.
23. (1) When as a result of check of highway boundaries made or otherwise, it
transpires that an encroachment has taken place on a highway the
Highway Authority or the officer authorized under sub -section (1) of
section 21 shall serve a notice on the person respon sible for the
encroachment or his representative requiring him to remove such
encroachment and restore the land to its original conditions before the
encroachment within the period specified in the notice.
(2) The notice shall specify the land encroached upon and the time -limit
within which such encroachment shall be removed and shall also state
that failure to comply within the specified period shall render the person
liable to prosecution and also to summary eviction.
(3) If the encroachment is not removed within the time-limit specified in the
notice and no valid cause is shown for nun -compliance, the Highway
Authority or the authorized officer referred to in sub -section (1) may
prosecute such person before the appropriate Magistrate f or his having
made or caused the encroachment and for his failure to remove it within
the specified time.
(4) Where the encroachment is made for the purpose of exposing articles for
sale, opening temporary booths f or vending or other like purpose of a
trivial nature the Highway Authority or the authorized officer referred to
in sub -section (1) may, with the help of the police, if necessary, have
such encroachment summarily removed without issuing a notice as
required by sub -section (1), or in lieu of removal of the encroach ment,
may gi ve the person responsible for the encroachment option of
executing a lease in favour of the Highway Authority on payment of rent
for the area encroached upon.
(5) When the encroachment is of a temporary nature and can easily be
removed but is not such as can be described as trivial within the meaning
of sub -section (4), the Highway Authority or the authorized officer
Power to cancel
permit
Prevention of
encroachment.
referred to in sub-section (1) may in addition to or in lieu of prosecuting
the person responsible for the encroachment under sub -section (3) have
the encroachment summarily removed with the assistance of the police,
if necessary.
(6) Where the encroachment is of such a nature that its immediate removal is
considered essential in the interests of safety of traffic on the highway or
the safety of any structure forming part of the Highway, the Highway
Authority or the authorized officer referred to in sub -section (1) may, in
addition to prosecution of the person under sub-section (3), either-
(i) have such protective work , as may b e feasible at a reasonable
cost, carried out so as to minimise the danger to traffic on the
highway, or
(ii) have the encroachment removed with the help of the police, if
necessary.
24. Where the person on whom notice to remove an encroachment has been served
under sub-section (1) of section 23 lays claim that the land in respect of which
encroachment has been alleged is his property or that he has acquired a right over
it by virtue of ad verse possession or otherwise he shall within the time -limit
prescribed in the notice for the removal of the encroachment, file an appeal
before the Collector under intimation to the Highway Authority or the officer
authorized under sub-section (1) of section 21, as the case may be. The Collector
shall after due enquiry record his decision in writing and communicate the same
to the appellant and the Highway Authority or such officer. The Highway
Authority or such officer shall till then desist from taking f urther action in the
matter.
25. (1) Whenever the Highway Authority or the officer, authorized under sub -
section (2) of section 21 has under the provisions of section 23 removed
any encroachment or carried out any protective work in respect of any
encroachment; the expenditure involved shall be recovered from the
person responsible for the encroachment in the manner hereinafter
provided.
(2) A bill, representing the expenditure incurred shall be served by the
Highway Authority or the authorized officer referred to in sub-section (1)
on the person responsible for the encroachment or his representative with
a direction to pay up the amount within a specified period to the
authority mentioned in the bill.
(3) The bill shall be accompanied by a certificate from the Highway
Authority or the authorized officer referred to in sub -section (1) to the
effect that the amount of expenditure indicated in the bill represents the
charges incurred and such a certificate shall b e conclusive proof that the
charges had actually been incurred.
(4) The materials, if any, recovered as a result of the removal of any
encroachment shall be handed over to the person responsible for the
Appeal against
notice served under
sub-section (1) of
section 23.
Recovery of cost of
removal of
encroachment
encroachment on payment of the amount of the bill by him but in the
event of his failure to pay up the amount within the specified period, the
materials may be auctioned and after deducting the amount of the bill
from the proceeds, the balance, if any, shall be made over to such person.
(5) If the proceeds of the auction sale do not cover the total amount billed
for, the excess over the amount realised by the sale of materials, or if
there are no materials to dispose of and the billed amount has not been
paid by the person responsible for the encroachment w ithin the specified
period, the entire amount of the bill shall be recovered from such person
as an arrear of land revenue.
CHAPTER V.
Compensation.
26. In the exercise of the powers under the followi ng provisions by the Highway
Authority or any officer or servant appointed under section 6 or any other person
authorised by or under this Act by the State Government, as little damage as can
be shall be done and compensation in the manner prescribed by or under this Act
shall be paid to any person who sustains damage in consequence of the exercise
of such powers, namely :-
(a) the imposition of restrictions under section 9 ;
(b) the setting back of any building or part thereof under section 12 ;
(c) the regulation or diversion of any right of access to a highway under
section 13;
(d) the entry, survey, measurement and doing of any of the acts on any land
under section 14 ;
(e) the acquisition of any land or the extinguishment of any right or interest
in the land under section 15 ;
(f) the closure of any highway or part thereof under section 52.
27. The amount of compensation payable under section 26, the persons to whom it is
to be paid and the appo rtionment of such amount among the persons interested
therein shall be determined by agreement between the Highway Authority or any
officer authorised by the State Government and the persons or persons claiming
interest therein.
28. (1) In default of any agreement under section 27, the Highway Authority or
the officer authorised by the State Government shall, subject to the
provisions of this Act, after holding an enquiry, make an award
determining-
(a) the true area of the land, if any, acquired,
(b) the amount of compensation to be paid under section 26,
Doing minimum
damage in certain
cases and
compensation.
Determination of
amount of
compensation by
agreement.
Determination of
amount of
compensation in
default of agreement.
(c) the apportionment, if any, of such compensation among all
persons known or believed to be entitled thereto.
(2) In determining the amount of compensation the matters specified, in
sections 23 and 24 of the Land Acquisition Act, 1894, as amended by the
Schedule to this Act shall be taken into consideration.
29. No compensation shall be awarded-
(i) if and in so far as the land is subject to substantially similar restrictions in
force under some other law which was in force on the date on which the
restrictions were imposed by this Act ;
(ii) if compensation in respect of the same restrictions imposed, under this
Act or substantially similar restrictions in force under any other law has
already been paid in respect of the land to the claimant, or to any
predecessor in interest of the claimant.
30. When permission to erect any building has been refused, under section 9 or 1 0,
the amount of compensation shall not exceed the difference between the value of
the land as determined by section 23 or 24 of the Land Acquisition Act, 1894, as
amende by the Schedule to this Act and the value which it would have had if the
permission hadExcerpt shown. Open the full act in Lexace.