The KARNATAKA HIGHWAYS ACT, 1964

 
 THE KARNATAKA HIGHWAYS ACT, 1964  
ARRANGEMENT OF SECTIONS  
 
Statements of Objects and Reasons:  
Sections:  
CHAPTER I  
PRELIMINARY  
1. Short title, extent, application and commencement 
2. Definitions.  
CHAPTER II  
DECLARATION OF HIGHWAYS, HIGHWAY AUTHORITIES AND THEIR POWERS AND FUNCTIONS  
3. Declaration of roads, ways, or lands as highways.  
4. Appointment of Highway Authorities.  
5. Powers and duties of Highway Authorities.  
6. Officers and servants of Highway Authority.  
CHAPTER III  
RESTRICTION OF RIBBON DEVELOPMENT  
7. Power to fix boundary of building and control lines of highways.  
8. Map to be prepared and maintained.  
9. Restrictions on buildings between highway boundary and building line and between 
building and control lines.  
10. Appeal.  
11. Exemptions for works in progress, etc.  
12. Setting back of buildings to building line or control line.  
13. Regulation or diversion of right of access to highway.  
14. Powers of Highway Authority and office rs and servants appointed under section 6 in 
respect of surveys.  
15. Acquisition of land or right or interest in land.  
16. Land required to be marked and measured.  
17. Public notice and other notices of such requirements for acquisition.  
18. Persons required to make statements regarding other persons having interest.  
19. Taking possession of land.  
CHAPTER III-A  
POWER TO ENTER INTO AGREEMENT AND PENALTY FOR MISCHIEF  
19A. Power of the State Government to enter into agreement for development and 
maintenance of highways  
19B. Punishment for mischief by injury to highway  
CHAPTER IV  
PREVENTION OF UNAUTHORISED OCCUPATION OF AND ENCROACHMENT ON A HIGHWAY AND REMOVAL OF 
ENCROACHMENT  
20. Lands forming part of highway deemed to be Government property.  
21. Prevention of unauthorised occupation of highway.   
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22. Power to cancel permit.  
23. Prevention of encroachment.  
24. Appeal against notice served under sub-section (1) of Section 23.  
25. Recovery of cost of removal of encroachment.  
CHAPTER V  
COMPENSATION  
26. Doing minimum damage in certain cases and compensation.  
27. Determination of amount of compensation by agreement.  
28. Determination of amount of compensation in default of agreement.  
29. No compensation if similar restrictions in force under any other law or if compensation 
already received.  
30. Compensation for refusal of permission to build not to exceed 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 alternative access.  
32. Compensation for cutting of standing crops, trees, etc.  
33. No compensation for unauthorised erections.  
34. No compensation for removal of encroachments.  
35. Reference against the award of Highway Au thority or authorised officer under section 
28.  
36. Procedure and powers of the authorities empowered to decide references under 
sections 35 and 44.  
37. District Superintendent of Police to enforce surrender or remove any encroachment.  
38. Decisions of authorities under sections 35 and 44 to be enforced as decrees of Civil 
Court.  
39. Payment of compensation awarded.  
40. Payment by adjustment.  
CHAPTER VI  
LEVY OF BETTERMENT CHARGES  
41. Notice to owners and persons interested.  
42. Inquiry and order.  
43. Increase in value and betterment charges.  
44. Reference against order of authorised officer under section 42.  
45. Finality of order fixing betterment charges and of decision on reference.  
46. Betterment charges to be first charge on land next to land revenue.  
47. Payment of betterment charges.  
48. Relinquishment of or exchange of land in lieu of payment of betterment charges.  
CHAPTER VI-A  
LEVY OF TOLL  
48A. Levy of toll.  
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.  
50. Highway Authority to regulate traffic when highway declared unsafe. 
51. Prohibition of use of heavy vehicles on certain highways.  
52. Procedure to be followed when Highway Aut hority desires permanently to close any 
highway.  
53. Consent of Highway Authority required to do certain acts on highway.  
54. Prevention and rectification of damaged highway.  
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CHAPTER VIII  
PENALTIES  
55. Disobedience of orders, instructions and refusal to give information, etc.  
56. Contravention of restrictions relating to access or erecting any building, etc.  
57. Unauthorised occupation of highway.  
58. Causing damage to highways.  
58A. Entry to bridges etc., without paying toll  
59. General provision for punishment of offences.  
60. Power to compound offences.  
CHAPTER IX  
MISCELLANEOUS  
61. Revision.  
62. Powers and duties of police.  
63. Duties of village officials.  
64. Powers to utilise highway for other than road purposes.  
65. Summary eviction.  
66. Inquiries.  
67. Registration of map made under section 8 not required.  
68. Certain persons to be public servants.  
69. Bar of jurisdiction.  
70. Protection of persons acting in good faith and limitation of suit or prosecution.  
71. Service of notices and bills.  
72. Power to make rules.  
73. Savings.  
74. Provisions of this Act or rules to prevail over inconsistent provisions in other laws.  
75. Building and control lines along National Highways.  
76. Repeal.  
SCHEDULE  
 
* * * *  
STATEMENTS OF OBJECTS AND REASONS  
I  
Act 44 of 1964.—At present the Mysore Highways Act (IV of 1920) provides for the regulation 
of traffic and preservation of the surface of public roads and places in the Mysore Area. But this 
Act has yet been brought into force.  
The Bombay Highways Act, 1955 provides for the restriction of ri bbon development along the 
Highways, for the preservation of encroachment  thereon, for the construction and development 
etc., of Highways, and for the levy of betterment charges. This Act is in force in the Bombay Area. 
There are no enactments of the kind in the other parts of the State.  
With a view to have an uniform Act applicable in the whole of the State of Mysore providing for 
the restriction of ribbon developm ent along the Highways, for t he prevention of encroachment 
thereon, for the construction and development of  the Highways, for the levy of betterment 
charges and for certain other matters this Bill has been prepared.  
(Published in the Karnataka Gazette (Extraordinary), Part IV-2A dated 16th December, 1963 
as No. 165, at page. 45.  
II  
Amending Act 15 of 1983. —The Chief Minister had indicated in his speech while presenting 
the Budget Estimates for 1983–84 that substant ial funds have been invested by the State 
Government on construction of bridges across major rivers on State Highways. There is an 
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increasing demand for construction of additional br idges for facilitating communications with 
inaccessible areas and this would require additional  outlays. In respect of bridges on National 
Highways the Government of India has been collect ing toll charges on vehicles. On similar lines, 
it is proposed to introduce legislation to provide fo r the levy of fees in respect of motor vehicles 
and two wheelers using bridges on State Highways.  
Hence this Bill.  
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 30th March 1983 as 
No. 208 at page. 3.)  
III  
Amending Act 35 of 1998. —It is considered necessary to amend the Karnataka Highways 
Act, 1964, to enable the State Government to enter into agreement with any person for 
development and maintenance of St ate Highways and to empower such person to collect and 
retain fees at specified rate for service or benefits rendered by him and to regulate and control the 
traffic in accordance with the provisions of t he Motor Vehicles Act, 1988 and also to provide for 
penalty for committing mischief to the extend of five years imprisonment with a fine or with both.  
Hence the Bill.  
(Obtained from L A Bill No. 8 of 1997 File No. 42 of 1996.)  
IV  
Amending Act 22 of 2000.- Note: By this Act certain obsolete laws were repealed and some 
clerical minor amendments were made to some other Acts including Act 44 of 1964.  
 
IV 
  Amending Act 31 of 2010.- It is considered necessary to amend the Karnataka 
Highways Act, 1964, to provide for enabling provis ion to levy and collect from the users, the 
amount in form of fee for the service or benefit rendered by it to meet the expenditure involved in 
improvement of State highway / major district road constructed, developed and maintained under 
Public Private partnership on annuity basis. 
  Hence the  Bill. 
[L.A. Bill No. 23 of 2010, File No. DPAL 28 Shasana 2010] 
[Entry 13 and 59 of List II of the Seventh Schedule to the Constitution of India.] 
- - - - 
  
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1[KARNATAKA]1 ACT No. 44 OF 1964  
(First published in the 1[Karnataka]1 Gazette on the Third day of December, 1964.)  
THE 1[KARNATAKA]1 HIGHWAYS ACT, 1964  
(Received the assent of the President on the Fifth day of November, 1964.)  
(As Amended by Karnataka Acts 15 of 1983, 35 of 1998, 22 of 2000 and 31 of 2010)  
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 the 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;  
BE it enacted by the 1[Karnataka State]1 Legislature in the Fifteenth Year of the 
Republic of India as follows:—  
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.  
CHAPTER I  
PRELIMINARY  
1. Short title, extent, application and commencement. —(1) This Act may be 
called the 1[Karnataka]1 Highways Act, 1964.  
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.  
(2) It shall extend to the whole of the 1[State of Karnataka]1.  
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.  
(3) It applies to the highways of the State except the National Highways declared 
as such by the Central Government under the National Highways Act, 1956.  
(4) 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 shall come into force in such area and on such 1[date]1 as may be specified in the 
notification:  
1. The remaining provisions of this Ac t came into force w.e.f. 16.8.1969 by notification. Text of notification is at 
the end of the Act.  
Provided that the State Government 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. Definitions.—In this Act, unless the context otherwise requires,—  
(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, door-steps, walls (including compound walls and fences) advertisement 
boards and the like;  
(c) “building line” means a line on either side of any highway 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 (Central Act 2 of 1924);  
(e) “control line” means a line on either side of a highway or part of a highway 
beyond the building line fixed in respect of such highway or part by notification under 
sub-section (1) of section 7;  
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(f) “encroachment” means any unauthorised occupation of any highway or part 
thereof and includes an unauthorised,-  
(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, for stacking 
building materials or goods of any other description, for exhibiting articles for sale, for 
erecting poles, awnings, tents, pendals, hoardings and other similar erections or for 
parking vehicles or stabling animals or for any other purpose;  
(iii) excavations or dumps of any so rt 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” relating 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 granted 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, burrow-pits, foot-paths, pavements and side, catch and 
boundary drains attached to such a 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, half kilometre and kilometre stones and 
other highway accessories and materials and materials 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 highway 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 highway” means a point half-way between the highway 
boundaries;  
(n) “occupier” includes,—  
(i) 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;  
(ii) an owner living in or otherwise using the premises;  
(iii) rent-free tenant;  
(iv) licensee in occupation of any premises; and  
(v) 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;  
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(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 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 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.  
CHAPTER II  
DECLARATION OF HIGHWAYS, HIGHWAY AUTHORITIES AND THEIR POWERS AND FUNCTIONS  
3. Declaration of roads, ways or lands as highways. —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. Appointment of Highway Authorities. —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 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. Powers and duties of Highway Authorities. —Subject to such conditions as 
may be specified in the notification appointing 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 
encroachments and for all matters necessary and incidental to any or all of the above 
subjects. Subject to the approval of the State Government and to such general or 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. Officers and servants of Highway Authority. —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 appoint such 
officers or servants as it deems necessary to work under such Authority.  
CHAPTER III  
RESTRICTION OF RIBBON DEVELOPMENT  
7. Power to fix boundary of building and control lines of Highways. —(1) In 
any area in which the provisions of this Act have been brought into force; and  
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(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 Gazette, 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 the highway passes, it shall be lawful for 
the State Government,—  
(i) to fix different building or control lines, or  
(ii) not to fix building or control lines,  
- in respect of any highway or portion 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 
prescribed manner in the village and at the headquarters of the taluk in which the 
highway is situated, a notification stating that it proposes 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 case of 
new works, also lands benefiting by the cons truction 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 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 enquiry, if any, as 
it thinks necessary, forward to the State Government a copy of the record of its 
proceeding held by it together with a report setting forth its recommendations on the 
objections or suggestions.  
(4) If, before the expiry of the time allowed by sub-section (2) for filing or hearing 
of objections or suggestions, no objection or suggestion has been made the State 
Government shall proceed at once to issue the notification under sub-section (1). If any 
such objection or suggestion has been made, the State Government shall consider 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 modification, 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. Map to be prepared and maintained. —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 passes 
and shall cause to be marked thereon the highway boundaries, and building and control 
lines and any other particulars necessary for the purposes of this Act and within one 
month from the date 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. 
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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.  
9. Restrictions on buildings between highway boundary and building line 
and between building and control lines. —(1) Notwithstanding anything contained 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, 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, or  
(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 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 to 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 Authority, after making such 
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 under clause (a) of sub-section (1) to the making of any excavation 
or construction; formation or laying out of works in any land for the purpose of repairing, 
renewing, enlarging or maintaining any underground, sewer, drain, electrical line, pipe, 
duct or other apparatus shall not be withheld nor be made subject to any 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 manner and at such levels, that the construction, 
maintenance, development or improvement of  a road thereover will not be prevented or 
prejudicially affected 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 highway which conforms to the 
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requirements of public health and welfare, and of safety and convenience of traffic on 
the adjoining road shall neither be withheld nor made subject to 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 or alteration 
of a building which was in existence before the appointed day shall neither be withheld 
nor made subject to restrictions unless such re-erection or alteration involves any 
material alteration to the outside appearance of the building.  
(4) When the Highway Authority refuses permission, the reasons therefor shall 
be recorded and communicated to the applicant:  
Provided that nothing herein contained shall disentitle a person from making a 
fresh application after omitting therefrom the objectionable features communicated to 
him as aforesaid on account of which such permission was refused.  
(5) If at the expiry of a period of three months after an application for such 
permission specifying the name and address of the applicant has been made to the 
Highway Authority, or such further period not exceeding three months as may have been 
notified by the Highway Authority has elapsed and no decision has been notified in 
writing, posted or delivered to the applicant at that address, then (except as may 
otherwise be agreed in writing between the Highway Authority and the applicant) 
permission shall be deemed to have been given without the imposition by Highway 
Authority of any conditions.  
(6) The Highway Authority shall maintain 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 extract therefrom.  
Explanation.—For the purpose of this section the “appointed day” shall, with 
reference to any highway boundary, building line or control line, means,—  
(i) the day on which a notification is published in the official Gazette under sub-
section (2) of section 7 proposing to fix such highway boundary, building line or control 
line, and  
(ii) 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. Appeal.—(1) If any applicant is aggrieved by the decision of the Highway 
Authority under section 9 withholding permission, or imposing any condition, he may 
appeal to the prescribed authority within thirty days from the date on which such decision 
was communicated to him.  
(2) The prescribed authority may, after giving an opportunity to the applicant to 
be heard, make such order as it thinks fit upon the appeal and its decision shall be final.  
11. Exemptions for works in progress, etc. —No restriction in force under 
section 9 shall apply to erection or making of a building or excavation or to the 
construction, formation or laying out of any means of access or works begun before the 
appointed day referred to in section 9.  
(2) No restriction in force under section 9 except restriction as to the construction, 
formation or laying out of means of access, shall apply to any land forming part of a 
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burial or cremation ground or other place for disposal of dead, being the land which has, 
before the passing of this Act, been used for such purpose.  
(3) No restriction in force under section 9 shall apply to any excavation or 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 restriction came into force 
or with the consent of the Highway Authority on or after that date.  
12. Setting back of buildings to building line or control line. —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 or control line.  
13. Regulation or diversion of right of access to highway. —(1) The Highway 
Authority may, if it is considered essential in the interest of safety or convenience of 
traffic, regulate or divert any existing right  of access to a highway across the 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 Gazette, publish the 
date on which the existing right of access has been diverted and alternative access has 
been given.  
14. Powers of Highway Authority and officers and servants appointed 
under section 6 in respect of surveys. —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 sub-soil 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 adjoining such stones or marks shows the road boundary 
correctly;  
(d) where there are bends or kinks on the road boundary, locate the stone 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 m ade or measurements or levels taken or 
boundaries marked and lines laid out, cut down and clear away any standing crop, tree, 
fence, jungle or any part thereof;  
(h) do all other acts necessary in that behalf:  
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Provided that the Highway Authority shall not, except with the consent of the 
occupier thereof, enter or permit any of the officers or servants to enter any premises 
without previously giving such occupier at least twenty four hours’ notice in writing of its 
intention to do so.  
15. Acquisition of land or right or interest in land. —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 published shall be deemed to be the 
declaration that the land is needed or, as the case may be the right or interest is required 
to be extinguished for the purposes of the highway; and such declaration shall be 
conclusive that the land is so needed, or the right or interest is so required to be 
extinguished.  
16. Land required to be marked and measured. —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. Public notice and other notices of such requirements for acquisition. —
(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 
possession 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 interest 
in land to be extinguished may be made to such officer as the Highway Authority may 
designate.  
(2) Such notice shall state 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 measurements made under 
section 16. The Highway Authority may in any case, require such statements 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 such 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 71.  
18. Persons required to make statements regarding other persons having 
interest.—(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 requisition, a statement containing, as far as may be practicable, the 
name of every other person possessing any interest in the land or in any part thereof or, 
as the case may be, in any right or interest in the land to be extinguished as co-
proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such 
 13
interest, and of the rents and profits if any, received or receivable on account thereof in 
respect of 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. Taking possession of land. —At any time after the publication of the 
notification under section 15, the State Government may direct that the lands 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.  
1[CHAPTER III-A 
POWER TO ENTER INTO AGREEMENT AND PENALTY FOR MISCHIEF  
19A. Power of the State Government to enter into agreement for 
development and maintenance of Highways. — (1) Notwithstanding anything 
contained in this Act or any other Act for the time being in force, the State Government 
may enter into an agreement with any person in relation to the construction, 
development and maintenance of the whole or any part of the Highway.  
(2) To facilitate or secure such construction, development and maintenance, the 
agreement may, subject to such terms and conditions as may be prescribed, provide for 
the transfer of any land belonging to or to be acquired by the State Government under 
this Act or any other Act, for the time being in force, to such person or persons by way of 
lease or otherwise during the period of such agreement.  
(3) Notwithstanding anything contained in section 48A the person referred to in 
sub-section (1) is entitled to collect and retain fee at such rate or rates, for service or 
benefits rendered by him as the State Government may by notification in the official 
Gazette, specify having regard to the expenditure involved in cost of acquisition of land 
and construction, development and maintenance of highway.  
 
  1[(3A) Notwithstanding anything contained in section 48A, the Government may 
levy and collect, such rate of fee from the user of highways for service or benefits 
rendered by it, as may be notified by it in the official Gazette, different rates may be 
notified for different highways over different period of time, having regard to the 
expenditure involved in cost of acquisition of land and construction, development and 
maintenance of highway developed under public private partnership on   annuity basis or 
by raising any loan or otherwise.]1 
1. Inserted by Act 31 of 2010 w.e.f. 27.07.2010. 
(4) A person referred to in sub-section (1) 1[or State Government ]1 shall have 
powers to regulate and control the traffic in accordance with the provisions contained in 
Chapter VIII of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) on the highway 
forming subject matter of such agreement, for proper management thereof.  
1. Inserted by Act 31 of 2010 w.e.f. 27.07.2010. 
 
19B. Punishment for mischief by injury to highway.—Whoever commits 
mischief by doing any act which renders or which he knows to be likely to render any 
highway referred to 2[in sub-section(1) and sub-section (3A) of section 19A] 2 impassable 
or less safe for travelling or conveying pr operty shall be punished with imprisonment of 
either description for a term which may extend to one year or with fine or with both.  
 14
Explanation.—For the purpose of this section, the expression “mischief” shall 
not include any peaceful demonstration or agitation held by any person or group of 
persons on any highway urging fulfilment of any legitimate demand.]1  
1. Chapter IIIA Inserted by Act 35 of 1998 w.e.f. 23.12.98.  
2. Substituted by Act 31 of 2010  w.e.f. 27.07.2010.  
 
CHAPTER IV  
PREVENTION OF UNAUTHORISED OCCUPATION OF AND ENCROACHMENT ON A HIGHWAY AND 
REMOVAL OF ENCROACHMENT  
20. Lands forming part of Highway deemed to be Government property. —
All lands forming part of the 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. Prevention of unauthorised occupation of highway. —(1) No person shall 
occupy or encroach on any highway within the highway boundary without obtaining the 
previous permission in writing of the Highway Authority or an officer authorised in this 
behalf by the Highway Authority.  
(2) The Highway Authority or an officer authorised by the Highway Authority in 
this behalf may with due regard to the safety and convenience or 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, pendal 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 
article on any highway, or  
(iv) to make a temporary excavation for carrying out any repairs or improvements 
to the adjoining buildings:  
Provided that no such permission shall be deemed to be valid beyond the period 
of one year unless expressly renewed by the Highway Authority or the authorised officer.  
(3) The permission so granted shall clearly specify the date up to which the 
person is authorised to occupy the highway, the periods for which occupation is 
authorised and the exact portion of the highway permitted to be occupied, and shall also 
be accompanied by a plan or a 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 order empowered in that behalf and shall at the end of the 
period specified in the permit release the land occupied by him after restoring to it 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 such permission issued, and shall also cause a check-up to be made 
in every case at the expiry of the period up to which occupation has been authorised to 
ensure that the land has actually been vacated.  
22. Power to cancel permit. —(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;  
 15
(c) in the event of any breach by the hol der of such permission 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. Prevention of encroachment. —(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 authorised under sub-section (1) of section 
21 shall serve a notice on the person responsible for the encroachment or his 
representative requiring him to remove such encroachment and restore the land its 
original condition 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 non-compliance, the Highway Authority or the 
authorised officer referred to in sub-section (1) may prosecute such person for 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 for vending or other like purpose of a trivial nature, the 
Highway Authority or the authorised 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 encroachment, 
may give the person responsible the encroachment option of executing a lease in favour 
of the Highway Authority on payment of rent for the area encroached.  
(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 authorised officer referred to in 

Excerpt shown. Open the full act in Lexace.

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