The Himachal Pradesh Roadside Land Control Act, 1968

THE HIMACHAL PRADESH ROADSIDE LAND CONTROL ACT, 
1968 
ARRANGEMENT OF SECTIONS 
Sections: 
1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Declaration of scheduled road and controlled area. 
4.  Plans of scheduled roads to be deposited at certain offices. 
5.  Restrictions on buildings etc., in a controlled area. 
6.  Application for permission to build etc., and grant or refusal 
of such permission. 
7.  Right of appeal. 
8.  Compensation. 
9.  Amount of compensation how determined. 
10.  Saving for other enactments. 
11.  Prohibition of use of any land as a brick-field etc., without 
licence.  
12.  Offences and penalties. 
13.  Offences by companies. 
14.  Composition of offences. 
15.  Trial of offences and special provision regarding fine. 
16.  Bar to legal proceedings. 
17.  Savings. 
18.  Power to make rules. 
19.  Bar of jurisdiction of civil courts. 
20.  Repeal and savings. 
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2   THE HIMACHAL PRADESH ROADSIDE LAND CONTROL ACT, 1968 
THE HIMACHAL PRADESH ROADS1DE LAND CONTROL ACT, 
1968 
(ACT NO. 21 OF 1969)1 
(Received the assent of the Governor on the 13th June, 1969, and was 
published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 3rd 
September, 1969,  pp. 767-775 read with corrigendum published in the 
Rajpatra, Himachal Pradesh, dated the 6th  June, 1970, p. 397.) 
An Act to prevent haphazard and sub-standard development along 
scheduled roads and in controlled areas in Himachal Pradesh. 
Amended, repealed or otherwise affected by,- 
(i) The Himachal Pradesh Adoption of Laws (State and Concurrent 
Subjects) Order, 1973, published in the Rajpatra, Himachal 
Pradesh (Extra-ordinary), dated the 20th January, 1973, pp. 91-
112, effective from 25th January, 1971. 
(ii) H.P. Act No. 21 of 19782 assented to by the Governor on the 28th 
April, 1978 and published in the Rajpatra, Himachal Pradesh 
(Extra-ordinary), dated 3rd May, 1978, pp. 411-412. 
BE it enacted by the Legislative Assembly of Himachal Pradesh in the 
Nineteenth Year of the Republic of India as follows:- 
1. Short title, extent and commencement.-  (1) This Act may be 
called the Himachal Pradesh Roadside Land Control Act, 1968. 
(2) It shall extend to the whole of Himachal Pradesh. 
(3) It shall come into force at once. 
2. Definitions.- In this Act, unless there is anything repugnant in the 
subject or 3[context],- 
(1)  "agriculture" includes horticulture, dairy farming, poultry 
farming and the planting and upkeep of an orchard; 
(2)  "building" means a house, hut, shed or other roofed structure 
for whatever purpose or of whatsoever material constructed, 
and every part thereof, and includes a wall or masonry 
platform or masonry ditch or drain but does not include a tent 
or a fence for agricultural purposes; 
(3)  "Collector" includes any authority appointed by the 
Government, by notification in the Official Gazette, to 
                                                 
1.  For Statement of Object and Reasons see the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 23rd July, 1968, p. 692. 
2.  For Statement of Object and Reasons see Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 22nd April, 1978, p. 392. 
3. The word “context” read for the word “cantext” vide Notification No. 6-75/68-
LR, dated 22nd April, 1970, published in the Rajpatra, Himachal Pradesh vide 
dated 6th June, 1970, p. 397. 
 THE HIMACHAL PRADESH ROADSIDE LAND CONAROL ACT, 1968  3 
perform all or any of the functions of the Collector under this 
Act; 
(4)  "place of worship" includes a temple, church, mosque, 
imambara, tanquia, idgah, samadhi, math, sati; 
(5)  "prescribed" means prescribed by rules made under this Act; 
(6)  "road" means a road maintained by the Government or any 
local authority or a route demarcated by the Government or a 
local authority with a view to constructing along it a road; 
(7)  "controlled area" means an area declared as such under 
section 3; (8) "Financial Commissioner" means Financial 
Commissioner of Himachal Pradesh and includes any person 
for the time being appointed by the Government by 
notification, to exercise and perform all or any of the powers 
and functions of the Financial Commissioner under this Act 
and the rules made thereunder ; 
(9)  "Government" or "State Government" means the Government 
of Himachal Pradesh; 
(10)  "scheduled road" means a road declared as such by the 
Government under- section 3; and 
(11) "Official Gazette" means the Rajpatra, Himachal Pradesh. 
3. Declaration of scheduled road and controlled area.- (1) The 
Government may, by notification, in the Official Gazette declare any length or 
the whole of any road to be a "schedule road" and the area upto a horizontal 
distance of five meters as prescribed from the edge of the road-land on either 
of such scheduled road to be a "controlled area". 
(2) Not less than three months before making a declaration under sub-
section (1), the Government shall cause to be published in the Official Gazette 
and in at least two newspapers printed in a language other than English, a 
notification stating that it proposes to make such a declaration and specifying 
broadly the boundaries of the land in respect of which the declaration is 
proposed to be made and copies of every such notification or of the substance 
thereof shall be published by the Collector in such manner as he thinks fit at 
his office and at such other places as he considers necessary within the said 
boundaries. 
(3) Any person interested in any land included within the boundaries 
mentioned in sub-section (1), may, at any time before the expiration of 60 
days from the last date on which a copy of such notification is published by 
the Collector, object to the making of the declaration or to the inclusion of his 
land or any part of it within the said boundaries. 
(4) Every objection under sub-section (3) shall be made to the 
Collector in writing, and Collector shall give to every person so objecting an 
opportunity of being heard either ill person or through a legal practitioner, and 
shall, after all such objections have been heard and after such further enquiry, 
4   THE HIMACHAL PRADESH ROADSIDE LAND CONTROL ACT, 1968 
if any, as he thinks necessary, forward to the Government the record of the 
proceedings held by him together with a report setting forth his 
recommendations on the objections. 
(5) If, before the expiration of the time allowed by sub-section (3) for 
the filing of objections, no objection, has been made, the Government may 
proceed at once to the making of a declaration under sub-section (1). If any 
Such objection have been made, the Government shall consider the record and 
the report referred to in sub-section (4) and may either,- 
(a)  abandon the proposal to make a declaration under sub-section 
(1),or 
(b)  make such a declaration in respect of either the whole or part 
of the land included within the boundaries specified in the 
notification under sub-section (2). 
(6) For the purposes of sub-section (3), a person shall be ,deemed to 
be interested in land if he is a "person interested" as defined in clause (b) of 
section 3 of the Land Acquisition Act, 1894, (1 of 1984), for the purposes of 
that Act or where the land is occupied by or for the purposes of a place of 
worship, tomb, cenotaph, graveyard, grave or marghat if he is a member of the 
faith to which such building pertains. 
(7) A declaration made under sub-section (1) shall, unless and until it 
is withdrawn, be conclusive evidence of the fact that the road to which it 
relates is a scheduled road and the area to which it relates is a controlled area. 
4. Plank of scheduled roads to be deposited at certain offices.- (1) 
The Collector shall deposit at his office and at such other places as he 
considers necessary, plans showing the alignment of roads declared to be 
scheduled for the purposes of this Act, and setting forth the nature of the 
restrictions, applicable to the land within five metres on their either side. 
(2) The plans so deposited shall be available to the public for 
inspection free .of charge at all reasonable times. 
(3) Provision may be made by rules made in this behalf with respect 
to the form and contents of the plans and with respect to the procedure to be 
followed and any other matter in connection with the objections thereto. 
(4) The Collector may authorise any person to enter into or upon .any 
land and building with or without assistants or workmen for .the purpose of 
making an enquiry, inspection, measurement or survey or taking levels: 
Provided that no entry shall be made except between the hours of 
sunrise and sunset and without giving twenty four hours' notice to the 
occupier or owner of such land or building. 
 
 THE HIMACHAL PRADESH ROADSIDE LAND CONAROL ACT, 1968  5 
5. 1[Restrictions] on buildings etc. in a controlled area.-  
Notwithstanding anything contained in any other law for the time being in 
force, no person shall erect or re-erect any building or make or extend any 
excavation or layout means of access to a road in a controlled area: 
Provided that nothing in this section shall apply to- 
(a)  the repair to a building which was in existence immediately 
before the commencement of this Act or any erection or re-
erection of such a building which does not involve any 
structural alteration or addition therein, or 
(b)  the erection or re-erection of a building which was in 
existence immediately before- the commencement of this Act 
and which involves any structural alteration or addition with 
the permission of the Collector, or 
(c)  the laying out of any means of access to a road with the 
permission of the Collector, or 
(d)  the erection or re-erection of a motor-fuel-filling station or a 
bus queue shelter with the permission of the Collector, or 
2[(e)  any other construction as may be prescribed, with the 
permission of the Collector.] 
6. Application for permission to build etc. and grant or refusal of 
such permission.- (1) Every person desiring to obtain the permission referred 
to in section 5 shall make an application in writing to the Collector in such 
form and containing such information in respect of the building, excavation, 
means of access, motor-fuel-filling station or a bus-queue shelter to which the 
application relates, as may be prescribed. 
(2) On receipt of such application, the Collector, after making such 
enquiry as he considers 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. 
(3) When the Collector grants permission subject to conditions under 
clause (a) of sub-section (2) or refuses to grant permission under clause (b) of 
sub-section (2), the conditions imposed or the grounds of refusal shall be such 
as are reasonable having regard to the circumstances of each case. 
(4) The Collector shall maintain a register with sufficient particulars 
(If all permissions given by him under this section and the register shall be 
                                                 
1.  In the Heading of section 5, the word “Restrictions” read for the word 
“Restrictio” corrected vide Notification No. 6-75/68-LR, dated 22nd  April, 1970, 
published in the Rajpatra, Himachal Pradesh vide dated 6th  June, 1970, p. 397. 
2.  Substituted vide Act No. 21 of 1978. 
6   THE HIMACHAL PRADESH ROADSIDE LAND CONTROL ACT, 1968 
1[available] for inspection without charge by all persons interested and such 
persons shall be entitled to take extracts therefrom. 
7. Right of appea1.- (1) Any person aggrieved by all order of the 
Collector under sub-section (2) of section 6 granting permission subject to 
conditions or refusing permission may, within thirty days from the date of 
such order, prefer an appeal to the Financial Commissioner. 
(2) The order of the Financial Commissioner on appeal shall be final. 
8. Compensation.- (1) No person shall be entitled to claim 
compensation under this or any other Act for any injury, damage or loss 
caused or alleged to have been caused by an order). 
(a)  refusing permission to make or extend an excavation, or 
granting such permission but imposing conditions on the 
grant) or 
(b)  refusing permission to layout a means of access to a road) or 
granting such permission but imposing conditions on the 
grant, or 
(c)  granting permission to erect or re-erect a building but 
imposing conditions on the grant) or 
(d)  granting any other permission for the controlled area but 
imposing conditions on the grant. 
(2) When an order has been made refusing permission to erect or re-
erect building, any person, who has exercised the right of appeal given by sub-
section (1) of section 7 may, within three months of the date of the order of 
Financial Commissioner, make to the Financial Commissioner a claim for 
compensation on the ground that his interest in the land concerned is 
injuriously affected by the said order. 
(3) On receipt of a claim under sub-section (2), the Financial 
Commissioner shall either proceed to acquire the land concerned under the 
Land Acquisition Act, 1894, (1 of 1894) or transfer the claim for disposal to 
an officer exercising the powers of Collector under the said Act: 
Provided that in case the Financial Commissioner decides to acquire 
the land, 
(i)  it shall not be necessary for land occupied by a place of 
worship, tomb, cenotaph, graveyard, grave or marghat to be  
included, and 
(ii)  the claimant shall be entitled to be repaid by the acquiring 
authority the amount of expenses which he may have properly 
incurred in connection with the preparation and submission of 
                                                 
1. In section 6(4), the word “available” read for the word “avible” corrected vide 
Notification No. 6-75/68-LR, dated 22nd April, 1970, published in the Rajpatra, 
Himachal Pradesh vide dated 6th  June, 1970, p. 397. 
 THE HIMACHAL PRADESH ROADSIDE LAND CONAROL ACT, 1968  7 
his claim for compensation under this section, and in default 
of agreement, such an amount shall be determined by the 
authority deciding the value of land in the proceedings under 
the Land Acquisition Act, 1894.(1 of 1894). 
(4) Nothing in this section shall be deemed to preclude the settlement 
of a claim by mutual agreement. 
9. Amount of compensation how determined.- (1) When a claim is 
transferred for disposal under section 8 to an officer exercising the powers of 
a Collector under the Land Acquisition Act, 1894, such officer shall make an 
award determining the amount of compensation, if any, payable to the 
claimant. 
(2) The amount of compensation awarded under sub-section (1) shall, 
in no case exceed the difference between the market value of the land in the 
existing conditions having regard to the restrictions actually imposed upon its 
use and development by the order refusing permission to erect or re-erect a 
building thereon and market value immediately before the publication under 
sub-section (2) of section 3 of the notification in pursuance of which the area 
in which it is situated was declared to be a controlled area, and. no 
compensation shall be awarded under sub-section (1),- 
(i)  unless the claimant satisfies the officer. making the award that 
proposals for the development of the land which, at the date 
of the application under sub-section (1) of section 6, are 
immediately practicable, or would have been so, if this Act 
had not been passed, or prevented or injuriously affected by 
the restrictions imposed under this Act, or 
(ii) if and in so far as the land is subject to substantially similar 
restrictions in force under some other enactment which were 
80 in force at the date when the restrictions were imposed 
under this Act, or 
(iii) if compensation in respect of the same restrictions in force 
under this Act or of substantially similar restrictions in force 
under some other enactment has already been paid in respect 
of the land to the  claimant or to any predecessor in interest of 
the claimant. 
(3) The provisions of Parts III, IV, V and VIII of the Land Acquisition 
Act, 1894 (1 of 1894) shall, so far as may be, apply to an award made under 
sub-section (1) as though it were an award made under that Act. 
10. Saving for other enactments.- Nothing in this Act shall affect the 
power of the Government or any other authority to acquire land or to impose 
restrictions upon the use and development of land comprised in the controlled 
area under any other enactment for the time being in force, or to permit the 
settlement of a claim arising out of the exercise of powers under this Act by 
mutual agreement. 
 
8   THE HIMACHAL PRADESH ROADSIDE LAND CONTROL ACT, 1968 
11. Prohibition of use of any land as a brickfield etc. without 
licence.-  (1) Notwithstanding anything contained in any other law for the 
time being in force, no land within a controlled area shall be used for the 
purposes of a cllar-coal-kiln, pottery-kiln or lime-kiln, stone quarry or slate-
quarry and no land within a controlled area shall be used for the purposes of a 
brickfield or brick-kiln except under, and in accordance with the conditions 
of, a licence from the Collector which shall be renewable annually. 
(2) The Government may charge such fees for the grant and renewal 
of such licence and may impose such conditions in respect thereof as may be 
prescribed. 
(3) No person shall be entitled to claim compensation under this or 
any other Act for any injury, damage or loss caused or alleged to have been 
caused by the refusal of a licence under sub-section (1). 
12. Offences and penalties.- (1) Any person who,- 
(a)  erects or re-erects any building or makes or extends any exca-
vation or lays out any means of access to a road in 
contravention of the provisions of section 5 or in 
contravention of any conditions imposed by an order under 
section 6 or section 7; 
(b)  uses any land in contravention of the provisions of sub-
section (1) of section 11, 
shall be punishable with fine which may extend to five hundred, rupees, and, 
in the case of a continuing contravention, with a further fine which may 
extend to fifty rupees for every day after the date of the first conviction during 
which he is proved to have persisted in the contravention. 
(2) Without prejudice to the provisions of sub-section (1), the 
Collector may order any person who has committed a breach of the provisions 
referred  to in the said sub-section to restore to its original state or to bring 
into conformity with the conditions which have been violated, as the case may 
be, any building or land in respect of which a contravention, such as is 
described in the said sub-section., has been committed and if such person fails 
to do so within three months of the order, may himself take such measures as 
may appear to him to be necessary to give effect to the order and the cost of 
such measures shall, if not paid on demand being made to him be recoverable 
from such person as an arrear of land revenue. 
13. Offences by companies.- (1) Where an offence under this Act has 
been committed by a company, the company as well as every person in-
Charge of, and responsible to, the company for the conduct of its business at 
the time of the commission of the offence shall be deemed to be guilty of the 
offence and shall be liable to be proceeded against and punished accordingly: 
Provided that nothing contained in this sub-section shall render any 
such person liable to any punishment if he proves that the offence was 
committed without his knowledge or that he exercised all due diligence to 
prevent the commission of such offence. 
 THE HIMACHAL PRADESH ROADSIDE LAND CONAROL ACT, 1968  9 
(2) Notwithstanding anything contained in sub-section (I), where au 
offence under this Act has been committed by a company and it is proved that 
the offence has been committed with the consent or connivance of, or that the 
commission of the offence is attributable to any neglect on the part of any 
director, manager, secretary or other officer of the company, such director, 
manager, secretary or other officer shall also be deemed to be guilty of that 
offence and shall be liable to be proceeded against and punished accordingly. 
Explanation.- For the purposes of this section- 
(a)  "company" means anybody corporate and includes a firm or 
other association of individuals, and 
(b)  "director" in relation to a firm  means a partner in the firm. 
14. Composition of offences.- (1) The Collector or any person 
authorised by the Collector, by general or special order, in this behalf, may, 
either before or after the institution of the proceedings, compound any offence 
made punishable by or under this Act. 
(2) Where an offence has been compounded, the offender, if ill 
custody shall be discharged and no further proceedings shall be taken against 
him in respect of the offence compounded. 
15. Trial of offences and special provision regarding fine.- (1) No 
court inferior to that of a Magistrate of the first class shall be competent to try 
any offence punishable under this Act. 
(2) Notwithstanding anything contained in section 32 of 1[the] Code 
of Criminal Procedure, 1898 (5 of 1 898) , it shall be lawful for any 
Magistrate of the first class to pass a sentence of fine exceeding the pecuniary 
limit specified in that section as in force in any part of Himachal Pradesh on 
any person convicted of an offence punishable under this Act. 
16. Bar to legal proceedings.- (l) No suit, prosecution or other legal 
proceedings shall lie against any person in respect of anything which is in 
good faith done or intended to be done in pursuance of this Act or the rules 
made thereunder. 
(2) No suit or other legal proceedings shall lie against the Government 
for any damage caused by anything which is in good faith done or intended to 
be done in pursuance of this Act or the rules made, thereunder. 
17. Savings.- Nothing in this Act shall apply to,- 
(a)  the erection or re-erection of building upon land included in 
the inhabited site of any village as entered and demarcated in 
the revenue records or upon sites in a municipal, notified or 
town area that are already built up on the date of the issue of 
the notification under sub-section (2) of section 3 of this Act; 
                                                 
1. In section 15(2), the word “the” inserted vide Notification No. 6-75/68-LR, dated 
22nd April, 1970, published in the Rajpatra, Himachal Pradesh vide dated 6th  
June, 1970, p. 397. 
10   THE HIMACHAL PRADESH ROADSIDE LAND CONTROL ACT, 1968 
(b)  the erection or re-erection of a place of worship or a tomb, 
cenotaph, grave, graveyard or marghat or of a wall enclosing 
a place of worship, tomb, cenotaph, grave, graveyard or 
marghat or land which is, at the time a notification under sub-
section (2) of section 3 is published by the Government, 
occupied by or for the purposes of such place of worship, 
tomb, cenotaph, grave,  graveyard or marghat; 
(c) excavations (including wells) made in the ordinary course of 
agricultural operations, soil conservation and hill 
stabilisation; 
(d)  the construction of an unmetalled road in, ended to give 
access to land solely for agricultural purposes. 
18. Power to make rules.- (l) The Government may make rules to 
carry out the purposes of this Act. 
(2) In particular and without prejudice to the generality of the 
foregoing power, such rules may provide or all or any of the following 
matters, namely:- 
(a) the form in which applications and plans under sub-section 
(1) of section 6 shall be made and the information to be 
furnished in such applications; 
(b)  principles according to which applications under sub-section 
(1) of section 6 shall normally be allowed or disallowed by 
the Collector;  
(c)  the regulation of the laying out of means of access to roads;  
(d)  the fees to be charged or the grant and renewal of  licences 
under section 11 and the conditions governing such licences; 
(e)  the principles and conditions under which applications or 
permission or licence under this Act may be granted or 
refused; 
(f)  the form and manner in which the register referred to in sub-
section (4) of section 6 shall be maintained ; 
(g) the procedure to be followed in hearing appeals under section 
7,the fees to be paid in respect of, and the documents which 
shall accompany, such appeals; 
(h)  the horizontal distance for the purpose of section 3, for any 
specified roads; and 
(i)  any other matter which may be prescribed. 
(3) All rules made under this section shall be subject to the condition 
of previous publication. 
(4) All rules made under this section shall be laid before the 
Legislative Assembly as soon as may be after they are made. 
 THE HIMACHAL PRADESH ROADSIDE LAND CONAROL ACT, 1968  11 
19. Bar of jurisdiction of civil courts.- No civil court shall have any 
jurisdiction to entertain or decide any question relating to matters falling 
under this Act or the rules made thereunder. 
20. Repeal and savings.- The United Provinces Roadside Land 
Control Act, 1945, (10 of 1945) as applicable to the areas comprised in 
Himachal Pradesh immediately before 1st  November, 1966, and the Punjab 
Scheduled Roads and Controlled Areas Restriction of Unregulated 
Development Act, 1963, (41 of 1963) as in force in the areas added to 
Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966, 
(31 of 1966), are hereby repealed: 
Provided that anything done or any action taken or any proceedings 
commenced or continued under the said Acts shall be deemed to have been 
done, taken or continued under the corresponding provision of this Act. 
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