The Madhya Pradesh Rajmarg Adhiniyam, 2004.

12. Power to fix highway boundaries, building line and comrol line of highway. 
13. Map to be prepared and mnlmnlned, 
14. Resrncrion on buildings between hig hway boundar y and building line. and between building hne and 
comrol line. 
CIIAPTER--J V 
REGULATION OF rus USE OF LAND APPURTENENT TO HIGHWAY 
11. Annual check of road boundaries. 
6. Power to enter land for reco nnaissance and preliminary survey in connect ion with highway schemes, 
7. Preparation of scheme s for highway deve lopment. 
8. Power to do certa in acts for execution of highway schemes. 
9. Maintenance of highway plans. 
10. Demarcation of road boundaries. 
CHAPTER- ID 
DEVELOP MENT AND MAINTENANCE OF HIGHWAYS 
3. Decla ration of roads, ways of lands as highways. 
4. Appointment of Highway Authorities. 
5. Powers and duties of H ighway Authorities. 
OECl,ARATJON OF lll GHWAYS, HIGHWAY AUTHORITIES AND 
THEIR POWERS AND FUNCTIONS 
CHAPTER-- n 
I. Shon title, extent and commencement. 
2. Definitions, 
CHAPTER- I 
PRP.LlMJNARY 
Set-lions : 
TABLE OF CONTENTS 
THE MADHYA PRAOF.SH RAJMARG ADHINJYAM, 2QO;l. 
No. 11 OF 2005 
MADHYA PRADES H ACT 
(,34 (26) 

CHAPTER- Vil 
PAYMENT OF BETTERMENT CHARGES 
42. Notice to owners and persons interested. 
CHAPTER- V 
PREVENTIO N OF UNAUTHORISED OCCUPATION AND ENCROACH.\1ENT ON A 
HICHW AY AND R EMOVAL OF ENCROACHMENT 
32. Land forming part of highway deemed to be Government property. 
:n. Prevention of unauthorised occupation of highway. 
34. Removal of encroachment. 
35. Appeal against notice served under section 39. 
36. Recovery of cost of removal of encroachment. 
CHAPTER- VI 
SUPPLEM ENTAL PRO\IISION RELATING TO COMPENSATION 
37. Determination of amount of compensation by agreement. 
38. Compensation for cutting of standing crops, trees. 
39. No compensation for unauthorised erections. 
40. No compensation for removal of encroachment. 
41. Payment of adjustment. 
15. Appeal. 
16. Exemption for works in progress. 
17. Selling back of building to building line or control line. 
IS. Regulation or diversion of right of access to highway. 
19. -Aoquisition of land. 
20. Claim for along by affected person. 
21. Mutter; 10 be considered in determining compensation. 
22. Detennination of the amount of compensation and declaration of award. 
23. Payment of compensation. 
24. Reference to court. 
25. Collector's statement to ooun. 
26. Service of notice. 
27. Restriction of scope. 
28. Proceedings to be in open court. 
29. Fonn of award. 
30. Costs. 
31. Interest on enhanced compensation. 
634 (27) 

67. Repeal. 
66. Provisions of this Act or rules to prevail over inconsistent provisions in ocher laws. 
64. Protection of persons acting in good faith and limitation suit or prosecution. 
65. Power to make roles. 
59. Po wers and duties of police. 
60. Duties of village officials. 
61. Eviction. 
62. Cenain persons to be public servants. 
63. Bar of jurisdi<:rion. 
HAPTER- X 
MISCELL ANEOUS 
S4. Disobedience of orders, instructions and refusal to give "'t'Onnation. 
SS. Conuavention of restructions relating to access or erecting any building. 
56. Unauthorised occupation of highway. 
51. General provision i c: punishment of offences. 
SS. Power 10 compound offences. 
HAPTER- IX 
P£ NALTIES 
CHAPTER- VIII 
SUl'Pl.EMENTAL PROVISIONS TO SECURE SAFETY OF TRAFFIC 
AND PREVENTION or DAMAGE TO lll Gll' .VAYS 
48. Prevention of obsuuctlons of veiw of person using any h ighway. 
49. Highway authorit f 10 regulate rrafflc when highwuy declared unsafe. 
SO. Prohibition of u: •f heavy v ehicles on certain h ighway. 
51. Procedure to bt owed when Highway Authority desires to CIO$C any highway pt:mlllnently. 
52. Consent of highw~y authority required to do certain acts on highway. 
53. Prevention and rectification of damage to highway. 
Inquiry and order. 
Increase in value and I- ..• erment charges. 
Finality of order fixinv betterment charges 
Remedy to person aggneved. 
Beuerrncnt charges be recoverable as orders of land revenue. 
4 3. 
44. 
45. 
46. 
47. 
634 (28) 

Sll•r1 titl~, ea­ 
te.ad .. _nd rom­ 
-1. 
{g) "excavarir-i" in retauon 10 any piece of land meat.s piercing 1h~ • ,rr acc of that 
piece of land and includes digging of wens and t:ln~s; 
(f) "co mpeiem authorily" means the Staie Government or a local author ity or any 
office r of the State G overnm ent or local authority notifie d by the Stale 
Government competent to sanction the co nstruction of or repair to a highway; 
(e) "co ntro l line" means a line on e ither side of any highway or pan o f a hig hW3y 
beyond the buildin g line. fixed in respect of such highway or pan thereof, by 
notificmion issued under sub-section !1' ·)f <;~ tion I:>· 
(d) "court" means a principal civil co un of original jurisdiction and includes any 
specia l j udicial officer appointed by the State Governme nt for a ny specified local 
limits to perform the functions of the co urt unde r this Act; 
2. In this Ac1 unless the context otherwise requires,- 
(a) "building" includes any erecti on of whatsoever material and in w barsoever manner 
constructed (including a farm-building for agricultural purposes ) and also includes 
plinths, door steps , walls (includin g co mpound walls and fCllCCS) advertisement 
boards and the like; 
(b) "building line" means a line on either sid e of any highway or pw1 of a highwa y, 
fixed, in respec; of such highway or pMt thereof, by " notification issued under 
sub-sectio n (1) of Section 12; 
(c) "C ollector" means the Collector of a District and includes any officer specially 
appointed by the State Government to perform the functions of a Co llector under 
this Act; 
(3) It shall come into force on such date as the State Government may, by notification in 
the Official Gau lle. appoint. 
(2) It extends to the whole of the State of Madhya Pradesh. 
I. (I) This Act may be called the "Madhya Pr adesh Rajma rg Adhiniyam. 2004. 
P RELIM INARY 
CHAPTER-I 
IRttthrd lhe as5<UI ~ U>< rrc.idtJJt 011 tl1e l0t b JuM, 2005; ~n t " "" publish«! In tbe "MJildllT<l l'ra<k<b Cautt• 
(Extr2 ·ordlna r1)" dat<d tbc 2nd Jul1, 2005.) 
An Act to provide for the declaration of eertal n roads to he the hig)lways and to provid e 
for reg ulat io n of tL'IC of land appur tenant lo highways, for the constru ction, maintenance 
and deve lopm ent of highways, for the prevention and removal of en<:roacbm eot thereon, 
for levy or betterm ent char ges and for certain other matters and to provide for the 
publi c such tOodllJon s as will ensure , roa d safe ty and maxlmum efficiency of all means 
of roa d trun;port on higbwuys in the State of Madhya Pradesh. 
Be it enacted by the Madhya Pradesh Legislature in the Fifty.fifth Y ear of rbe Republic 
of India, as follows:- 
MADHYA PRADESH ACT 
No. II or; 2005. 
THE MADHY A PRAD F-SH RAJM ARG ADION IYAM, 2004. 
634 (29) 

(ii) an agent, manager or trustee who receives 1he rc111 of, or is erurusred "'ilh. 
or concerned with any premises devoted co religious Of cna.rit.able purposes: 
(iii ) recci vcr, sequestrator or manager appointed by any court of competent 
jur isdictio n; and 
(iv) a monagagee in possession: 
(i) an agent, manager or trustee by whatever aame he is called who has a 
control over the premises or w ho receives rent on account to !he owner: 
(a) when used with reference to any premises. the person who receives the rent 
of the said premises or who would be entitled 10 receive lhe ren1 thereof if 
the premises were lei, and includes- 
(v) any person who is liable to pay to the owner damages for the use and 
occupation of any premises; 
(n) "owner" means:- 
(iv) a licensee in occupation of any premises; and 
(iii) a rent free tenant; 
(ii) an owner living in or otherwise using his premises; 
(i) any person w ho for the lime being is paying or is liable 10 pay to che owner 
rent or any portio n of the rent of the premises in r espect of which such rent 
is paid or is payable: 
(m) "occupier" includes:- 
(k) "highway boundaries" means the boundaries of a highway fixed, in respect of 
such highway. by notification issued under sub-section (I) of Section 12; 
(I) ibe expression "land" and "person interest ed" used in this Act shall llave the same 
meanings as the said expressions have in the Land Acquisition Act, 1894 
(I of 1894): 
0) "Highway Au thority" means the Auchority appointed as the Highway Auchoricy 
under section 4 of or if no such appointment has been made, the State 
Government; 
(i) "highway" means any thoroughfare or land declared to be a highway under 
section 3 of this Acc: 
(iii) excavations or embankments of any kind made or extended on any highway 
land: 
(i) the erection of a building or any other structure, balconies, thresholds porches. 
projections on. over or overhanging che highway land: 
(ii) occupation of highway beyond the prescribed period, if any, for stacking 
building materials or goods of any ocher description for exhibiring articles 
for sale or erecting poles, awnings. cents, pandals and ocher similar 
erection or for parking vehicles or stabling domestic animals or for any ocher 
purposes: and 
(h) "encroachment" means occupation of any highway or pan thereof and includes.-« 
634 (30) ~ ~. ~ 2 T~ zoos 

App oi nt mo t 
ot ll i&hw-ay 
Aull lOritlr<. 
Dttl aratioa or 
roads, ways or 
l1ods :H 
tngb ..... , . 
4. The Stare Government may. by notification in the official Gazette, appoint for the purpose 
of this Act or any of its provisions. any perso n or any authority to be a li i&hway Authority foe 
oil the highways in the stare or in part of the Mate or for any particular highway or htgh"a ys in 
the state. 
{i) an express highway, 
(ii) a state highway, 
(iii) a major district road, 
(iv) other district road, 
(v) a village road. 
3. The State Government may. by notification in the official Gazette, declare any thoroughfare 
or land to be a highway and classify it as- 
CHAPTER-H 
DECLARATION OF HIGHWAYS, HIGHW AY AUTHORITI ES AND THEIR 
POWERS AND FUNCTIONS 
(v) "vehicle" means motor vehicle and includes a barrow, plough. drag and a wheeled 
or tracked conveyance of any description capable of being used on a highway. 
{iii) the trees, fences, posts and other highway accessories and materials and 
material stacks on the thoroughfare or on laud attached to the thoroughfare; 
{ii) all bridges, culverts, causeways, carriage ways or other road structures, built 
on or across s uch thoroughfare; and 
(i) the slope, berm. borrow-pits. footpaths, pavements and side drains of any such 
thoroughfare; 
(u) "thoroughfare" means a road. street, lane, bridle path or a foot-track. whelhcr 
surfaced or unsurfaced, whether on land owned by the State Oovcmment or a 
local authority or on land belonging to a private person over which the public 
have or have acquired. a right of way by usage and includes - 
(r) "survey" includes all operations incidental to the determination, measurement and 
record of a boundary or boundaries or any pan of a boundary and includes a resurvey; 
(s) "survey mark" means any mark or object erected. made. employed oc specified 
by a survey officer to indicate or determine or assist in determining the position 
or level of any point or points; 
{t) "survey officer" means any person appointed to be a survey officer under this 
Act; 
(o) "public place" means a road, street, way or other place whether a thoroughfare 
or not. to which the public have a right of access, and includes any place or 
stand at w hich passengers arc picked up or set down by a public vehicle; 
(p) "public vehicle" means any vehicle used or adapted to be used for the carriage 
of passengers or goods for hire or reward; 
(q) "ro adway" means the width of highway measured between outer edges of 
shoulders at any point along the highways; 
(b) when used w ith reference to an lnstirution or a body corporate. the manager 
of such institution or body corporate; 
634 (31) 

(a) the acquisitioo of any land. which in the opinion of the Higltway Authoriiy is 
co nsidered oecess ary for its exec ution; 
(2) Such a sche me may provide for,- 
7. (I) The Highway Authority on its own accord or if expressly reques ted by the competent 
authority shall, subjecl 10 the other provisions of this Act a.nd subject to such rules as may be 
framed by the State Government for this purpose , prepare and submit 10 the competent authority 
for sanction, a detailed ,,..neme for the construction of a new highwa y or the iroprovemenl of or 
repairi to an exis ting one. 
(2) The Highw ay Authority or the authorized official shall, at the time of such encry pay or 
tender payment for all necessa ry damages to be done as aforesa id and in case of disp ute as 10 
the sufficiency of the amount so p.lid or tendered, shall within a period of se ven da~. refer the 
dispute and depos it off ered amount if not accepted, for the decision to the Collector of the district 
and his decis ion shall be final. 
Povided that no person shall enter into any building or any enclosed co urt or garden 
attached to a dwelling house or cul down and clear any part of standing crops, 
fence etc. without the consent of the occu pier thereof or ... ~thout giving such 
occupier at least 48 hours notice in writing of his intention .o do so. 
(e) do all other acts necessary in this beha lf: 
(d) cut down and clear any pan of a slanding crop, fence etc, 'A here otherwise surve y 
cannot be com pleted and the levels take n and the boundaries marked, and 
(c) SCt·OUl the boundaries of the proposed highway by placin;; marks and cuttin g 
trenches; 
(b) mark such levels. dig or bore into the sub soil and do all other wodcs necessary 
10 ascertain whe ther !he land is suitable or not; 
(a) enter upon any land along with his workmen and survey and take measuremenis 
and levels on it; 
6. (I) The Highway Authority or any officer not below the rank of a sub engineer of Publ ic 
Works Departmen t or local body or any person aulhorir..ed by the Highways Authorit y in this behalf , 
may for the purpose of carryi ng out any of the provisions of this Act- 
CHAPTER·llf 
OEVF.LOPMENT AND MAINTENANCF. OF HIGHWAYS 
(2) Subject to the approval of the Stale Government and to such genenil, or specia l orders 
which the Slate Government mny make in this behalf. it shall be lawful for a Highway Authority 
to undertake or cause to be undertaken the consw ction, maintenarce, de velopment or improve111CJ1l 
of highways. 
·5. (1) Subjec t to such condinons as may be specified in !he llOlilication appointing a Highway 
Author iry and subject to the general or special orders of the Slate Govern ment. a Highway 
Authori ty shall exercise power s and discharge duties in accor dance with the prov isions of this 
Act, for the restricuon or regulation of use of land appurtenant 10 highway.., f or prevention and 
re moval of encroachment and for all matters necessa ry and incidental 10 any or all of the above 
subjects. 
Prc.paratto. •f 
K bto:lllH r. r 
blgh•• r devc .. 
lopmeot. 
Po• t:f' 10 eeter 
land f or 
rtt:ooo aiu ance 
lDd prtliminary 
wr'\'Cf iD 
oottD«llon 
wUb .biabw ay 
-....... 
Powt:rs and 
dull .. or Ui&h· 
way A\l lborities. 
~ ~. ft:'lr"' 2 ~ zoos 63<1 ( 32) 
. -- - ·---- - · - - - - - ---- - 

(2) Whcr~ there arc bends or kinks in the road boundary. the stones or marks shall be so 
located as to i;.-e the CQIT~'Ct confiauration of the boundary if they an: J()incd by sualJ ht lines. 
10 The dighw'1y Authority shall have the boundaries of the h1ghwa1• in its charge 0.-marn llon or 
demarcated w1lh reference 10 the auihoritmive plans mainlllincd by 11, by planting stooes or ocher "" """ndaricl. 
suitable marts of a duroble nature at intervals all alonll the highway tn >t.eb a manner lh.lt •he 
1m.ag11wy hnc Mining such stones or mart.s shows the road boundary correctly. 
(3) The H ::,hway Authority shall have all such authoritative pl3ns prepated after having a 
WI'\ C) made of the highway and their boundaries in the manner prescribed. 
(2) SU<'h plans shall sho w clearly the bou ndaries of' the bigh"ay. lhc detailed me:isurcmm b 
of road "idths . the distances between boundarv m.irl s and sufficieru measurcmcnt5 from fil!Cd 
points 10 enable tl-e refixaticn of the postlton of ·boundary marks, 111 case they have been displaced 
or tempered "11h. 
9. (I ) The Highway Authority shall maintain authoritative ptans for the htf hWllys in tb \ \amtenanc. of 
charge. IJJJ;:b""Y pl..m. 
(d) regulate. subject to such rules as may be prescribed in t!:tis behalf, the kmd. 
number and speed of vehicles using any highway or portion thereof by means 
of barrier. diversion roads or Other means. 
(c) tum, divert or close either temporarily or permanently any e~tsting higb"a y or 
portion thereof: and 
(b ) make arrangements for the acquisition of the lands required under the ~ 
by ouuight gifl or purchase by agreement. with the owner or O"Mr $, or faihnll 
such agreement. by resort 10 the provision of the Land Acqu1s1t1on Act, 189-1 
(I of 1894) as amended from time to time: 
(a) enter mto and perform all such contracts on be.half of the competent authonty 
as may be considered necessary; 
Pew-u •• dt 
rtt1aln 11c:U for 
u ccutloo of 
hiall••rldl<lmo. 
8. When the competent authorny has sancnoncd the h11lhway schemes prepared in pursuance 
of Sccuon 7 and arranged the necessary finances for its execuuon, the Highway Authority shall 
proceed to carry out the work and may, for this purpose 
(() the layout of access ronds u1 suitable distance co11ooc1ing the h1ghw:ty or the 
proposed h11lh" ay with the adjoining properties. 
(c) the laying our of footpaths, cycle trncks and special traffic lane.> for any kmd or 
class of vehicles, the designing and seumg of parkm bays and petrol. filltnt and 
service stations and Other rood side amenities, the location of ad•crt1\emcnt l)O)U 
and btllboards; and 
(d) the oonstruction or reconstruction of the roodway including us "'dcrung . lc•elltn11- 
$urfacin1. bridging. severing. dra1n1ng. water supply and street ligh11n1 
1mmgements and planung of roodstdc trees; 
:c) the diversion or closure of any exisung highway or a section of sueb highwa); 
(b) the demarcation and for preparation of layouts of all or any of thc lands so 
acquired for different purposes; 
634 (33) 

(a) abandon !lie proposal 10 issue a n0tification under ' ul"o ,. non (I). or 
(·I) If, after the expiry of the time allowed by sub-section (2). for he filing or heanni: of 
objecrion» or suggestions. no objection or sugge, 11on h as been m:tdc. the ~tale Government shall 
proceed nt once 10 issue the no1ificurion under sub-section (I). If an} •11< h lb.JCC1ion or su2gcs1ion 
has been made. the State Governmcm shall. consider the record and rn,· r 1Xlft referred 10 on <ub­ 
section 13) and may eitbcr, 
(3) The Highway Authority shall, after all such objections or -uggesuons have bee n 
considered or heard. as the case may be and after such f urther enquiry. 1f any, as it may 1h1nk 
necessary. within a period of six months, forward to the State Govern mc-u a copy of the record 
of rhe proceedings held by it together with a report setting forlh 11s rccommeodarior« on the 
objections and suggestions. 
(2) Not less than sixty days before issuing a notification under sub-section (I). the S1.11e 
Government shall cause to be published in the official Gazelle and in the prescribed manner in 
the village and at the head quarters of the tehsil and the dis trict in which the highway is situated. 
a notification st:1ting that it proposs to issue a notification in terms of sub-section (I J and specifying 
therein all the land situated between th,. l>'ghway boundary and the building line and helwcen the 
building line and the control l ine proposed 10 be fixed under such notifica tion together with a 
notice requiring all persons affected by such notification. who may wish to make any objection 
or suggestion with respect to the issue of such notification, 10 submit their <"•bjections or suggestions 
in writing to the Highway A uthority or appear before such authority wnhin one mo nth of the 
publication of the notification in the official Gazette or within fifteen da~s from the dale of the 
publication of the notification in the village, whichever period expires later. 
(i) to fix different building lines or control lines. or 
(ii) nor 10 fix building lines or control lines in respect of any highway or portions 
thereof. 
Provided that having regard to rhc situation or the requirement of a highway or lhc local 
circumstances, it shall be lawful for the State Govemmeni.- 
(o) where any roadway or land has been declared 10 be a highway under !his Acl. or 
(b) where she construction or development of a highway is under ta ken; 
the State Government may, by notlfication. in the official gazette fix or modify with 
respect 10 such h ighway, the highway boundaries, the building hne and the control line 
with a view 10 demarcate the area appurtenant to a highway in older to regulate IM use 
of such area : 
12. (I) In any area in w hich the provisions of this Act have been brought into force. and 
CHAPTER- JV 
RSCUL..ATION OF rue USE Qt ' LAND APPURTENANT TO lll CHWAY 
(2) When an unauthorised encroaehmeru bas been made on highw:iy, the Highway Authority 
shall lake immediate steps as specified in section 34 for the removal thereof. 
11. (I) II shall be the duty of the Highway Authority to ensure th;11nopanof 1he highway 
is encroached upon and for this purpose shall conduct regular cbeck of 1he boundaries of the 
highway in its charge with a veiw ro locating unauthorised encroachments rf any. 
Powtr to fix 
btCb"• Y 
bouHdarte.s. 
buildioi llne 
and conttol l int 
of l14hway. 
Cbcck or rood 
bool>dari<:!:. 
(3) The boundary stones or marks, which may be given consecutive numbers. shall be 
maintained on the ground as if they constitute pan of the hii;hway. 
- ·~ . ·- -- - --- - -- - -- --- -- 
1)34 (34) 

Rttlrltlfoo ou 
buildlng­ 
higt:.w•J' boun­ 
dar y and build· 
in~ Jin" •Dd 
b<h•' ttn bW!dlng 
""4 <oolrol tin<. 
Mop to bt 
pr#partd aod 
maln11ll><d. 
(v) construct form or layout any work. 
(iv) make or extend any excavation; or 
(1i1J materially altc> any existing building: or 
(ii) creel any building: or 
(i) construct, form or layout any mems <'f access to or from a highway; or 
(b) upon nny land lying between the building line and the control line proposed to 
be fixed under sub-section (2) or fixed under sub-section {J) of Section 12. as 
the case may be,- 
(iv) con struct, form or layout any work, however, construction of any building shall 
not be permitted upon such land. 
(iii) make or extend any excavations; or 
(ii) materially arter any exisung buildi ng; or 
(i) constru ct, form or layout any means of access to or from highway: or 
(a) upon any land lying between the highway boundary and the building line, 
proposed to be food under sub-section (2) or fixed under sub-section (I) of 
Section l 2, as the case may be,- 
(2) Notwithstanding anything contained in any law, custom. agreement or instrument for the 
time being m force, on nr after the appointed day, the following restrictions shall, subject 10 the 
provisions of this A ct. be in force. that is 10 say no person shall, without the previous permission 
in writting of the Highway Authoruy-« 
14. OJ No permission for diversion of agricultural land for non-agricultural purposes )hall 
be given in the area of land l)•ing between the highway boundary and control lines without lhe 
prior sancuon of the Collector of the district and subject to - any general or special directions of 
the S1ate Government. 
13. Wilhin t"t' months from the date of publication of notification under sub-secuon (I) of 
Section 12 fhi ng highway boundary. building line and conrrol line with respect to nny highway. 
1he Highway Authorit} shall cause a map to be made showing rhe alignment of 1he highway. the 
highway boundaries, building and conrrol lines and any other particulars necc:Mary for !he purpose 
of this Act and such map shall be kept in the office of the lliithway Authotiry. such map whoch 
shall bear the seal of the Highway Authority. shnll be open to inspection. Copies of such map 
shall alw be ~cp l for inspection 31 such other places as may be prescribed. Extr.1ct or copies of 
such map ~hall be n ade available 10 any person on payment of prescribed fees. 
(5) In considenng the objections or suggestions. the decision of the State Government on 
the question of issuing the notification under sub-section (I) shall be final and conclusive. 
Provided 1hot if no· notification is issued under sub-sec non (I). within a period of six 
months from the appointed day the prop wal sh311 be deemed 10 have been 
abandoned. 
(b) issue the notification under sub-section (I) with such modifications, if any, as it 
may think fit : 
634 (35) 

J 
(6) Whenever an application for oermtsslon under the proviso to sub-section (5) has been 
made to the Highway Author ity, it shall be obligatory for the Highway Authority to drspose of 
..he •amc witilin u penod of mrve month•. 
Provided that nothing therein contained shall debar a person from making a fresh applica ion 
after omiuing therefrom the objectionnbte features communicated lO him as afOfeSaid on llCC< uni 
of which such permission was ref used. 
(5) When 1he Highway Authority refuses permission, the reasons thereof shall be, recorded 
and communicated to the applicant: 
(a) agriculture, 
(b) borucunure. 
(c) pisciculture, 
( d) pasture. 
(e) poultry farming. 
(f) dairy farming. 
(g) construction of wells, tube wells and bore wells. 
(iii) the permission for following works shall nOt be required - 
(ii) the permission under clause (c) of sub-section (I) to the erection, re-erection or 
alteration of a building or the making or extending of any excavauon which 
confirm 10 the requirements of szfety and convenience of traffic on the adjoining 
road. shall be ne ither withheld nor made subject lO unreasonable conditions; 
(i) the permission under clause (a) of sub-section (I) 10 the maling of any exuva lion 
or construction, formation or laying out of works in land for the purpose of 
repairing, renewing. enlarglng or maimaining any underground sewer. drain, 
electric line. pipe, duel or other apparatus, shall ll()( be withheld nor be made 
subject 10 any conditions as may be necessary for securing that such sewer, 
drain. clcctnc line, pipe, duct or other apparatus shall be laid in such manner and 
ni such levels that the consrructi. • development or majnienance of a road there 
over will not be prevented or pr Jdicially affected thereby; 
Provided that - 
(b) refuse to grant such permission : 
(a) granl the permlsslon subject 10 such condhions, if any. as may be specified in 
the order; or 
(4) On receipt ot the application, the Highway Au1hori1y. after making such funhcr enquiry 
ns 11 may consider necessary. shall, by order in wriung, either,- 
{3} Every person desiring 10 obtain permission under sub-section (2) shall mate an application 
in wrili11g to the I lighwny Authority in such fonn and containing such infonnalion as may be 
prescribed in respect of 1hc building. alteration, excavation, worl.s or means of access. as the case 
may be, to which rhe application relates. 
alter the use of any building already erected, it> a manner. which will, infringe 
any of the provisions of this Act or imerfere wit~ lhe use of a highway sdjoining 
the laud on which such building is erected. 
(c) 
·~~ .~ 4:"2~ 2005 634 (36) 

Atquisiuoo of 
land. 
Regulat ioo or 
dh-.rsioo "'riglll 
or sceess to 
lligjlway. 
Sdt lnt batll of 
builcfjng to build ­ 
ing liDt orooolrOI 
lint. 
Exemption for­ 
\farks fn 
p .......... 
12) In case of urgency, whenever it npJ~ lll to 1hc Stare Governme nt th:u the land rs required 
for temporary occupation by the l Iighwny Authority. it may direct 1 .. e C1>' .e toe to procure rhe 
19. (I ) II ar any time , on the application of the Highway Authority, rne State Governmen t 
is satisfied that any land required for the purpose of a highway ;hou ld be co mpulsorily acquired, 
it sh311 be acquired under and in acoordnnce with the provisions of the Land A cquisition Act, 
1894 (I of 1894), as amended from time to time. 
(3) The Highway Authority shall, by notification in the official Gazelle, publish the date on 
which the existing right of access has been diverted and alternative access h3S been given. 
(2} Where any existing right of access is diverted, the point at which altern ative access is 
given to the highway shall not be unreasonable distant from the existing point of access , 
Provided that any e xisting right of access shall nor be diverted until alternative access has 
bee n given. 
18. (I) The Highway Authority may, if 11 i: considered esse ntial in the interest of safety or 
co nve nience of traffic, regulate or divert any existing right of access 10 highway across the land 
lying between the contro l line and the highway boundary : 
17. If any building or any part thereof, erected before the appointed day, referred to in section 
14. lines betwee n the building line and the middle of a highwa y, the Highway Authority may. 
whenever any such building or part thereof has, either entirely or in greater part, been taken down , 
bumt down or fallen down by notice, require such building Of pan thereof, to be set back to the 
building line or control line. 
l6. No -esrricrions under section 14 shall apply to any excava tion or works ncccssary for 
the repair; renewal enlargement or maintenance of any sewer. drain, electric line, pipe, duct oc­ 
othe r apparatus co nstructed in or upon the land before the date on w hich the restr ictions C3l1lC 
into force or w;th the consent of the Highway Authority on or after that date. 
(2) The Authority hea ring the appea l may, after giving an opportu nity to the appellanr to be 
heard. make such order, as it may think fit w ithin 30 days from the date of filing appeal and the 
decision of srcb Authority shall be final. 
IS. (I ) If any applicam is aggrieved by any decision of the Highway Authority under sectio n App<aL 
14, withholding permission or imposing any condition, he may appea l to the State Gove rnmen t 
or any A uthority to be notified by the State Government within thirty days from the dAte on "' hich 
such decision was communi cated to him. 
(Ii) if any modification is made in proposed highway boundary. building line Of 
control line: the day on which the notification is published under sub-sectio n 
\I) of Section 12 fixing such highway boundary, building line or control line. 
(i) the day on which the notification is published in offic ial Gazet te under sub­ 
section (2) of Section 12 propos ing to fix such highway boundary. building 
line or control line; and 
Explanation :-Fo r the purpose of this section, "the appointed day" shall, with referenc e 
to any highway boundary, building line or corurol line. mean- ' 
(7) The Highway Authority shall maintain a register with sufficient particul ars o f all permissions 
given or refused by it under this section and such register shall be available for inspect ion free of 
charge by all persons interested and such persons shall be entitled to take extracts therefrom . 
634 (37) 
- - - - - ---- - . ----~ - 

lo 24. (I) Any person interested who has not accepted the mdff awarding 1.'0mpcnsation may, 
·•.thin a period of 45 days from the date of order by wr111en apphca11011 to the Collttl or. require 
Provided also. that nothing herein conui ncd sh; ll affo .• the: liab<1ity of an)' pm.on who may 
receive the whole or any part of compensa11011 dctcrrnoncJ und.."1' thi> " "' IC' pay the same "' lltc 
person lawfully entitled thereto. 
Provided further that no person who hllll received the amount 01herw1>c than u.1der J!fOl~ t 
shall be enutled to m:i~e •ny apph.:a1ion .. nder-seciion 24 
Provided that may person admitted to interested may reeeive su...--11 payment undt2 p<C>te;t as 
10 1he ~ufficienc:y of the amount : 
(2) If the person entitled to receive the compensation s!WI noc con.= 'O receive 11 or if 
there be any dispute as 10 the title 10 receive the compensation or ~ to the apponi<":uncm of ii, 
the Collector shall deposit the amount of compensation on the court to whidl a reference under 
section 24 would be submiued: 
23. (I) Whenever an order of dererminauon is made by the Colledor under sub-seciion (I) 
of section n, the Coll«t or shah 1crder pavmem of compensation determined liy him to the 'verson~ 
entitled thereto, according 10 the said dererminarion unless prevented by the continscnc:y mentioned 
in sub-section (2) of section 24. 
(2) The Collector ~hall make an award of derermmation of compensauon under sub-section 
(I) within a period of six months from the date of apphcauon and lhc li<t of persons geuing 
award of compensation shall also be published in two newspapers, one of v.hich ~a ll be in Hindi 
Language. · 
Provided funher that the Collector may make an order of the detmn1n:it1011 of compciuauon 
withou1 such approval in such class of cases as the Sta1e Go\'ernment may sp«1fy in this bdlalf. 
Pro\i ded that 11(> such d •1erm1nallon of •ompens;,1t0n Piall be made by th.: Collector uwlcr 
this sub-secuon without the previous approval of the Stale Government or such other officet" as 
the Stale Government may authorize in this behalf: 
22 (I) 011 the d~y Ml fixed. or on any other day to "'hoch the enquiry h1S been adJOllrned, 
the Collector shall g l\C claunanr or cla1mJn1' an opportunity of lxmi: he;irJ in person « by any 
person authori7ed by him in this bchalr or by a pleader and sNJI. aflcr hcanng all the daoms 
and af\er making bUCh further enquiry, of any. as he thrn~s necessary. detenrune the amount of 
compensation in respect of the damage and the derertrunarion so made: by the Collector 1n the 
prescribed manner shall be final: 
(a) the scurng Nck of any bu1ld1ng or pan thereof undet SCl;tion 17, 
(b) the entry, survey, measurement and <!01n11 any other acl$ m or on any land under 
section o. 
21. In determining the amount of compensation, the Collector .Mii t•kc into consodcn tion 
1hc damaa:e su~ll!ined by any interested person owing to - 
20 Whenever for the purpose of a h11hway a ny dam:igc 10 :tny consuucuon or a fiuu rc or 
crops or any land is likely to be caused, then the person affoct.ed ~Y submit a etaim 10 compcn>:IC 
for such damage to the Collector. 
Rcftttu e:t 
""111. 
Dtt..,,..,... llM"' 
.....,.,. , ol com· 
pc"'u lu •nd 
dtt larallon or 
•~111'd. 
~lall<rl 10 be 
t •ci.t:ldt rtd iu 
d~ 
- ·- 
Cbi m for di m· 
•g• br arrttt cd 
....-. 
occupation and use of the same for the I lighwny Authoruy as per provisions contained on section 
35, 36 a nd 37 of the Land Acquisition Act. 1894 (I of 1894). 
__ _ J 
634 (38) 

or 
Form ol aWllnl. 
Proceedings to 
be io open 
coon. 
RKtriuJon of 
-· 
Coll<CtOC''s st•t.,. 
mentt lo cou.n. 
Pmvided th,n, "hen the a ward of thi· Collector is not upheld. the cost shall ordinarily be 
paid by the Collector unless the court is of the opinion thnt the claim of the upplicant was so 
cx1ravag.1n1 or h~ wa' negligent in puuing hb case before the Collector $0 that some deduction 
from his costs shoutd be made or thar he ,11ould pay a pan of Collector's costs. 
30. The coun shall, while deciding every reference. also state the amount of costs incurred 
in the proceedings before ii any by what persons and proportions they ore to be paid: 
29. Every award of compensation by the c ourt under this section shall be in writing signed 
by the judge and shall specify the amount awarded together with the reasons of award, Every 
such award shall be deemed 10 be a decree and the statement of grounds of every such award, a 
judgement w ithin the meaning of clnusc (2} and clause (9) of section 2 respectively of the Code 
of Civil procedure, 1908 (5 of 1908). 
28. Every proceeding shall take place in the open court and all persons entitled 10 practice 
in any civil court in the state shall be entitled to appear, plead and act (as the case ma y be) in 
such proceeding. 
27. The scope of the enquiry in every such proceeding shall be restricted 10 the consideration 
of the interests of persons affected by the objection. 
(c) the State through Collector, if the objection is in regard to the a mount of 
compensation. 
(b) all persons interested in the objection except such (if any) of them as have 
consented without protest to receive payment of the compensation determined; 
and 
(a) the applicant. 
26. On receipt of reference the court shall cause a nonce, 10 be served on the following 
persons, specifying the day on which the court shall proceed to determine the objection and 
directing their appearance before the co un on the specified day, namely :- 
(c) if the objection be to the amount of compensation. the grounds on wh ich the 
amount of Compensation was determined. 
(d) the amount paid or deposited under section 23. and 
(c) the amount of compensation determined under section 22. 
(b) the names of persons w hom he has reason to believe arc interested in the claim, 
(a) the situation and extent of claim, with p articulars of any building structure etc. 
25. The Collector shall. in making the reference state for the information of the coun in 
writing under his hand- 
(2) The application shnll slate 1hat grounds on which objection to the determination of 
compensation is taken, 
that the matter be referred by the Collector for the determination of the coun, whether his objection 
be 10 1he measurement, the amount of compensation, the persons 10 whorn it i$ payable or lhc 
apponioment of the compensation among the persons interested. 
634 (39) 
- - - -- - ~ 
1:1uimi ~ . f~ 2 ~ 2005 

(i) have such protective work as may be feasible al a reasonable cost carried out 
so as to minimise the danger 10 traffic on 1he highway. or 
(ii) have the encroachment removed with the help of the police. 1r necessary. 
35. Where Ute person on whom on whom nodee 10 remove an cnct()a(;hrnent has been served 
urder sub-sectioo (l) of section ' 4 loys claim that 1hr. land in respect of which cn=h mcnt has 
(4) Where the encroachment is o f such a nature that its immedia ~ remove! i:. considered 
essential in the interest of safety of traffic on the highway or the •~fe,y of any srrueture forming 
part of the highway and n o notice can be served immediatel y on the p.rson re sponsible for the 
encroachment or his re presentative under sub-section (I) owmg to his rbseoee or for any orher 
reason. the Highway Authority or the autborized official may, in >tC:diu••n to prosecution o f 1he 
person under sub S" hOn (3). cirh~r' - • 
(3) If the encroachment is not removed within the per iod specif ~ ~ in the notice and no 
valid cause is shown for non compliance. the Highway Authority or the •• ~'!or:red officer referred 
to in sub-section (I) may request in writing to the Co llector to re.nov the eecrocchrnem and 
thereupon the Collector shall take action for summary evicti on as :f ti: · marter falls within the 
scope of section 61. 
. (2) The notice shall specify the land encroached upon and the t:_nir within which such 
encroachment is to be removed and shall also state that the failure 10 l Y:nply within the period 
specified therein will render the person liable to prosecution and also io "":nmary evicuon, 
,\p p .. t •saln11 
""'""' ......... 
Removal or 34. (I ) When as a result of checking of the highway boundar ies o; Olherwise it is foond 
f'DCl'OOduncnL thal an encroachment has taken place on a highway. the Highway ft,1thori1y or an) officer 
authorized in this behalf shall serve a notice on the person responsil>le '·' ' the encroachment or 
on his representative requiring him to remove such encroachment and t "5l0' <; the land to its original 
condition as it existed before the said encroachment wirhin the perKx: >!JC ·.fi,;d in the ll()(ice . 
(2) No right shall accrue tQ any person over any part o( any higil\\ay by way of adverse 
possession. 
33. (I) No person shall occupy or cncroacn upon any highway with in the highway boundaries. 
32. All lands forming part of a highway which even do not already vest in the State 
Government shall for the purpo se or this chapter be deemed 10 be the property of the State 
Government. The land shall vest in the State when compensation has been paid or provi ded. 
CHAPTER-V 
PREVE NTION OF lJNAlJTl! ORISED OCCUPATION AND £ NCROACILM£ NT 
0 A lll Cll WAY ANO REMOVAL OF ENCROACllMENT 
Provided that the award of the court may also d irect that where such excess or pan lhcrcor 
is paid into the court after the d ale or expiry o f one year from the date on which the damage 
was caused, interest at •he rate or fifteen percent per annum shall be payable from the date or 
expiry o f the said period ol one year on the amount ol such l>XCC>S or pan thereof which has net 
been paid into the court before the date of such expiry. 
31. If the sum. which in the opi nion of the court. the Collector ou&ht ·O have awarded as 
compensation. is in excess of the sum which the Collector did award as ~om;>ensation. the aM1rd 
of the coun may d irect that the Collector shall pay interest on such excess at the rate of nine 
perce nt per annum from the dare on which the damage was caused to the date of payment of 
such excess into the court: 
P·nn .nUon ar 
unautho rised 
OC.C.\lpation or 
hi.tb"-ay. 
Li nd rorrnins 
pan of highway 
deemed to be 
Co v e r n m e u l 
propmy. 
Int er est on 
- <Omp<>IS&lion. 
·- - - - --- --J 
634 (40) 

No con•pmsatio• 
( ot rtftJ O\l l Of 
-t - 
No «HUptttC d.iou 
for unaucboriscd 
...... ioo.. 
Compenu •ion 
for rullio g or 
"h 1111din ~ C'rops, 
trtt\. 
Octmni ll2ti011 Gt 
amcunr of 
oorn.,.,.satioa bi 
a;rnmm 1. 
Rtto•-.r) o( '°"' 
or rtmo' al or 
tS'IC'fWrbmftlt. 
40. No compensation shall be payable for the removal of any encroac hment. 
39. If any person has unauthorised erected, re-e rected, added or altered any buildin g on any 
land, which is required for the purpose of a highway. then nny apprecia tion in the uttlity of the 
l3nd from such ercc11011, re-erect ion, addiuon or alternation shall not be taken into account in 
determini ng the amount of compensation under section 22. 
38. Al the time of any entry, survey or measurement or doing of any of the things under 
section 6, the officer making the entry. survey or measurement or doing anything, shall prep are a 
dcr\\ilcd repon of the damage done as a result of such entry, survey. measur ement .:;; execution of 
work including the culling of standing crops, trees 6r removal of tempor ary structures. if any, on 
rh- l•nt.l "'IJl'l forward ii to the Collecror 10 1 co nsiderat ion at the stage of det er mination ot 
co m1~ ~t '"" under secuon 2:. 
Provided that no such agreement shall be concluded by the Collector under this sectio n 
without the previ ous app roval of the State Gove rnment or such other offic er •> the Stale 
Government may authorize in this behalf. 
37. After the issuance of notice under section 19 mid before the determinanon of cmoum of 
compense uon under section 22. the Collector may enter into an agreement. for setting the amount 
of com pensation inclading apportionment of such amount among persons interested. with any 
person interestec.l and as and when such an agreement is concluded. the Collect or sh~1H intimate 
.ro tht Highw ay Aughorit!' the fact cf conclu n or, of the agreement witl • certified COf->' thereof 
and therea fter the Collector shall stop further proceedings wiih regard to determination of the 
amo unt of compens ation under section 22 and shall make payment to the person or persons 
interest ed in accordance with the said av ce ment: 
CHAP'T'.ER - VI 
SUJ>Pl.£1\-lENTAl. PROVISION REALATJNG TO COMPENSATION 
(3) The stateme nt shall be accompanied by a certificate from the Highway Authority or the 
authorized officer referred to in sub-sec ilon'{ I) to the effect that the amount of expenditure 
indicated in the stetement represents the charges incurred and such a certificate shall be conclusive 
proof of the fact that !he charges have actually been incurred . 
(4) The material, if any. recovered as a result of the removal of any encroachment shall be 
handed over lo the pers on responsible for the encroachment on payme nt of the amount within the 
spec ified period and if such pay ment is not made, the material may be aucti oned and after 
deducting the amount due from the proceeds, the balance, if 1ny. shal' be made over to such person. 
(5) If !he proceeds of the auction sale do not cover the total amount due for. the excess 
over the amou nt realised by the sale of material or if there is no material to dis pose of and due 
amount h3S not bun paid by the perso n responsible for the cncroa chn-enr within the specified 
period. the entire amount due shall be recove red from such pc rsou as an arrear of the revenue. 
(2) A statement of

Excerpt shown. Open the full act in Lexace.

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