LexThe Maharashtra Highways Act
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1955 : LV] 1
THE MAHARASHTRA HIGHWAYS ACT
[Text as on 30th January 2025]
——————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent 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, 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 Highways Authority and officers and servants appointed under section 6 in
respect of surveys.
15. Power to acquire land, etc.
16. Power to enter or survey, etc.
17. Hearing of objections.
2 The Maharashtra Highways Act [1955 : LV
18. Declaration of acquisition.
19. Powers to take possession.
19A. Right to enter into land where land vested in State Government.
19B. Determination of amount payable as compensation.
19C. Deposit and payment of amount.
19D. Land Acquisition Officer to have certain powers of civil court.
19E. [Deleted].
CHAPTER IIIA
LAND POOLING SCHEME
19F. Identification of area for Scheme.
19G. Declaration of intention and issue of final notification of Scheme.
19H. Verification of title of land and extent of consent.
19I. Disputed ownership.
19J. Acquisition of land of land owners not participating in Scheme.
19K. Publication of draft and final layout.
19L. Vesting of land with Highway Authority.
19M. Allotment of developed non-agricultural plot or land.
19N. Land Pooling Ownership Certificate.
19O. Exemption from payment of registration fee, stamp duty, etc.
19P. Power to take possession of land.
19Q. Incorporation of land in development plan.
19R. Responsibilities of owner of developed non-agricultural plot or land.
19S. Implementation of Scheme.
19T. Completion of Scheme.
19U. Infrastructure maintenance.
19V. Delegation of powers.
19W. Restrictions on development of land in Scheme area.
1955 : LV] The Maharashtra Highways Act 3
CHAPTER IV
PREVENTION OF UNAUTHORIZED OCCUPATION OF, AND ENCROACHMENT
ON, A HIGHWAY AND REMOVAL OF ENCROACHMENT
20. Lands forming part of highway deemed to be Government property.
21. Prevention of unauthorized occupation of highway.
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 unauthorized erections.
34. No compensation for removal of encroachment.
35. Reference against award of Highway Authority or authorized officer under section 28.
36. Procedure and powers of the authorities empowered to decide references under sections 35
and 44.
37. Commissioner of Police or 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.
4 The Maharashtra Highways Act [1955 : LV
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 VII
SUPPLEMENTAL PROVISIONS TO SECURE SAFETY OF TRAFFIC AND PREVENTION OF
DAMAGE TO HIGHWAYS
49. Prevention of danger arising from obstruction of view, etc. of persons using any highway.
50. Highway Authority to regulate traffic when highway declared unsafe.
51. Prohibition of use of heavy vehicle on certain highways.
52. Procedure to be followed when Highway Authority 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.
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. Unauthorized occupation of highway.
58. Causing damage to highways.
59. General provision for punishment of offences.
60. Power to compound offences.
1955 : LV] The Maharashtra Highways Act 5
CHAPTER IX
MISCELLANEOUS
61. Powers and duties of police.
62. Duties of village officials.
63. Power to utilise highway for other than road purposes.
63A. Power of Highway Authority to dispose land.
64. Summary eviction.
65. Inquiries to be held summarily.
66. Registration of map made under section 8 not required.
67. Certain persons to be public servants.
68. Bar of jurisdiction.
69. Protection of persons acting in good faith and limitation of suit or prosecution.
70. Service of notices and bills.
71. Power to make rules.
72. Savings.
73. Provisions of this Act or rules to prevail over inconsistent provisions in other laws.
74. Building and control lines along national highways and levy of betterment charges.
75. Repeal and saving.
(SCHEDULE) Deleted
6 The Maharashtra Highways Act [1955 : LV
1955 : LV] The Maharashtra Highways Act 7
LIST OF AMENDMENT ACTS
1. Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)
Order, 1956.
2. Adapted and modified by the Maharashtra Adaptatio n of Laws (State and Concurrent
Subjects) Order, 1960.
3. Amended by Mah. 42 of 1965
4. Amended by Mah. 24 of 1967
5. Amended by Mah. 37 of 1999 (1-1-2000)
6. Amended by Mah. 24 of 2012 (22-8-2012)
7. Amended by Mah. 28 of 2016 (1-9-2016)1
8. Amended by Mah. 45 of 2018 (29-05-2018)
1 vide G.N., P.W.D. No. PPP. 2016/C.R. 251 LB-4/Roads-8, dated the 31st August 2016.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
8 The Maharashtra Highways Act [1955 : LV
1955 : LV] The Maharashtra Highways Act 9
ACT No. LV OF 19551
[THE MAHARASHTRA HIGHWAY ACT.]2
[This Act received the assent of the President on the 13th December 1955;
assent was first published in the Bombay Government Gazette, in Part IV, Extraordinary,
on the 22nd December 1955.]
An Act to provide for the restriction of ribbon development along highways, for the prevention
and removal of encroachment thereon, for the construction, maintenance and development of
highways, for the levy of betterment charges and for certain other matters.
WHEREAS it is expedient to provide for the restriction of ribbon development along highways,
for the prevention and removal of encroachment thereon, for the construction, maintenance and
development of highways, for the levy of betterment charges and for c ertain other matters; It is hereby
enacted in the Sixth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called 3[the Maharashtra
Highways Act].
4[(2) It extends to the whole of the State of Maharashtra.]
(3) 5[This section shall be in force in the whole State.] 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 date6 as may be specified in the notification:
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 a ll or any of the provisions of
this Act.
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
(a) “animal” means any domestic or captive animal;
(b) “building” includes any erection of whatsoever material and in whatsoever manner
constructed (including a farm building for agricultural purposes) and also includes plinths,
doorsteps, walls (including compound walls and fences) and the like;
(c) “building line” means a line on either side of any 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 c antonment established under the Cantonments Act, 1924 (II of
1924);
1 For Statement of Objects and Reasons of the L. A. Bill No. LXIII of 1954, see Bombay Government Gazette , 1954,
Extraordinary No. 310, Part V, dated the 13th August 1954, page 330.
2 The Bombay Highways Act, 1955, and the rules made thereunder as in force in the B ombay area of the State of
Maharashtra, are hereby extended to the rest of that State (See section 2 of Mah. 42 of 1965).
3 The short title was amended for “the Bombay Highways Act, 1955” by Mah. 24 of 2012, Schedule, entry 58, w.e.f.
1-5-1960.
4 Sub-section (2) was substituted for the original by Mah. 42 of 1965, s. 3(a).
5 These words were substituted for the words “This section shall come into force at once” by Mah. 42 of 1965, s. 3(b).
6 8th July 1960, sections 2 to 74 (both inclusive) and the Schedule for the Bombay Suburban District and the Thana District
vide G. N., B. & C. D. No. BHA. 3760-C(1), dated the 7th July 1960.
11th May 1962, sections 2 to 74 (both inclusive) and the Schedule for the City of Bombay, vide G. N., B. & C. D., No.
BHA. 3761/534-C-(II), dated the 3rd May 1962.
3rd September 1964, sections 2 to 74 (both inclusive) and the Schedule for the Kolaba District, vide G. N., B. & C. D., No.
BHA. 3763/52902-C(3) dated the 28th August 1964.
28th April 1967, vide G. N., B. & C. D., No. BHA. 3765/1163 48-C-(1), dated the 19th April 1967.
10 The Maharashtra Highways Act [1955 : LV
1[(d-1) “Competent Authority” means the Collector of the r evenue district, and includes any
officer not below the rank of Deputy Collector appointed by the Government, for the purpose of
the Land Pooling Scheme;]
(e) “control line” means a line on either side of highway or part of a highway beyond the
building line fixed in respect of such highway or part by a notification under sub -section (1) of
section 7;
(f) “encroachment” means any unauthorised occupation of any highway on 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,
ownings, tents, pandals, hoardings and other similar erections of for parking vehicles or
stabling animals or for any other purpose; and
(iii) excavations or dumps of any sort made or extended on any highway or underneath
such highway;
(g) “to erect” with its grammatical variations in relation to a building means to construct,
reconstruct, extend or alter structurally a building;
(h) “excavation” in relation to any piece of land does not include any workings which do not
piece the surface of that piece of land; but includes wells and tanks;
(i) “highway” means any 2[road, way or land] which is declared to be a highway under section
3. The expression includes,—
(i) any land acquired or demarcated with a view to construct a highway along it;
(ii) the slopes, berms, borrow-pits, foot-paths, pavements and side, catch and boundary
drains attached to such road or way;
(iii) all bridges, culverts, causeways, carriageways and other structures built on or across
such road or way; and
(iv) the tr ees, fences, posts, boundary, furlong and milestones, and other highway
accessories and materials and material stacked on the road or way;
(j) “Highway Authority” means the authority appointed as such or to which the functions of
such authority are entrusted under section 4;
(k) “highway boundaries” means the boundaries of a highway fixed in respect of such
highway by a notification under sub-section (1) of section 7;
3[(k-1) “Land Pooling Scheme” or Scheme” means voluntary assembly of land under different
ownership falling within the highway boundary and the site of New Town, for the purposes of
making such land available for the construction of highway and development of New Town, in lieu
of entitlement of developed non-agricultural plot of land of a size determined as per the Land of a
size determined as per the Land Pooling Scheme, declared by the Government, from time to time;]
(l) “means of access” includes any means of access, whether private or public, for vehicles or
for foot passengers and includes any street;
1 Clause (d-1) was inserted by Mah. 28 of 2016, s. 2 (a).
2 These words were substituted for the words “road or way over which the public have a right of way or are granted access
and” by Mah. 42 of 1965, s. 4.
3 Clause (k-1) was inserted by Mah. 28 of 2016, s. 2(b).
1955 : LV] The Maharashtra Highways Act 11
(m) “middle of highway” means the point half-way between the highway boundaries;
1[(m-1) “New Town” means the area declared or to be declared as New Town by notification
in the Official Gazette, under section 113 of the Maharashtra Regional and Town Planning Act,
1966 (Mah. XXXVII of 1966);]
(n) “occupier” includes,—
(a) any person who for the time being is paying or is liable to pay to the owner rent or
any portion of the rent of the premises in respect of which such rent is paid or is payable ;
(b) an owner living in or otherwise using his premises ;
(c) a rent-free tenant ;
(d) a licensee in occupation of any premises ; and
(e) any person who is liable to pay to the owner damages for the use and occupation of
any premises ;
(o) “owner” means,—
(a) when used with reference to any premises, the perso n who receives the rent of the
said premises or who would be entitled to receive the rent thereof if the premises were let and
includes,—
(i) an agent or trustee who receives such rent on account of the owner ;
(ii) an agent or trustee who receives the rent of, or is entrusted with, or concerned
for, any premises devoted to religious or charitable purposes ;
(iii) a receiver, sequestrator or manager appointed by any court of competent
jurisdiction ; and
(iv) a mortgagee-in-possession ;
(b) when used with reference to an institution or a body corporate, the manager of such
institution or body corporate ;
2[(o-1) “person entitled” means the person who is entitled to receive the amount of
compensation as the per the applicable law;]
(p) “prescribed” means prescribed by rules made under this Act ;
(q) “railway administration” has the same meaning as in the Indian Railway Act, 1890 (IX of
1890);
(r) “vehicle” includes a barrow, sledge, plough, drag and a wheeled conveyance of any
description capable of being used on a highway ;
3[(s) the expressions “affected family” and “persons interested” used in this Act shall have the
same meaning as the said expressions have in the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).]
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,
1 Clause (m-1) was inserted by Mah. 28 of 2016, s. 2(c).
2 This clause was inserted by Mah. 45 of 2018, s. 2(1).
3 This clause was substituted by Mah. 45 of 2018, s. 2(2).
12 The Maharashtra Highways Act [1955 : LV
(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 the highways 1[in the State] or, in parts 2[thereof] or for any particular
highway or highways 3[therein], specified in the notification:
4[Provided that, in case in any highways or highways notified under section 3, to be developed by
or transferred, assigned, handed over for construction, maintenance, development or improvement to the
Maharashtra State Road Development Corporation Limited, in that case, the Maharashtra State Road
Development Corporation Limited shall be the Highway Authority, for that highway or highways.]
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. Also 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 5[and development
of New Town].
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 and servants as it deem necessary
to work under such Authority.
CHAPTER III
RESTRICTION OF RIBBON DEVELOPMENT
7. Power to fix boundary, building and control lines of highways.— 6[(1) In any area in which
the provisions of this Act have been brought into force, and,
(i) where either any road, way or land has been declared to be a highway under section 3 or
the construction or development of a highway is undertaken or proposed to be undertaken, and
(ii) the State Government considers it necessary to fix, as respects such highway, the highway
boundary, the building line or control line,
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 a highway passes, it shall be lawful for the State Government to fix different
building or control lines in respect of any highway, or portions thereof.]
(2) Not less than sixty days before issuing a notification under sub-section (1) the State Government
shall cause to be published in the Official Gazette and in the prescribed manner in the village and at the
headquarters of the 7[taluka, tahsil or mahal] of the district in which the highway is situate a notification
stating that it propose 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
1 These words were substituted for the words “in the Bombay area of the State of Maharashtra” by Mah. 42 of 1965, s. 5.
2 This word was substituted for the words “of the State” by the Bombay Adaptation of Laws (State and Concurrent Subjects)
Order, 1956.
3 This word was substituted for the words “in the Bombay area of the State of Maharashtra” by Mah. 42 of 1965, s. 5.
4 This proviso was inserted by Mah. 28 of 2016, s. 3.
5 These words were inserted by Mah. 28 of 2016, s. 4.
6 Sub-section (1) was substituted for the original by Mah. 42 of 1965, s. 6(1).
7 These words were substituted for the words “taluka or mahal” by Mah. 42 of 1965, s. 6(2).
1955 : LV] The Maharashtra Highways Act 13
notification and in the case of new works, also lands benefiting by the construction or development of
the highway, as the case may be, together with a notice requiring all persons affected by such notification,
who wish to make any objections or suggestions with respect to the issue of such a notification to submit
their objections or suggestions in writing to the Highway Authority or appear before such authority,
within two months of the publication of the notification in the Official Gazette or within one month from
the date of the publication of the notification in the village, whichever period expires later.
(3) The Highway Authority shall, after all such objections or suggestions have been considered or
heard, as the case may be, an d after such further inquiry, if any as it thinks necessary, forward to the
State Government a copy of the record of its proceedings held by it together with a report setting forth
its recommendations on the objections or suggestions.
(4) If, before the expiration of the time allowed by sub -section ( 2) for the filing or hearing of
objections or suggestions, no objections or suggestion has been made, the State Government shall
proceed at once to issue the notification under sub-section (1). If any such objection or suggestions 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 publicatio n 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. 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 b etween
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 manner which in the
opinion of the Highway Authority will, in any manner whatsoever, infringe any of the provisions
14 The Maharashtra Highways Act [1955 : LV
of this Act, or interfere with the use of a highway adjoining the lan d 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, 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 land for the purpose of repairing, renewing,
enlarging or maintaining any underground sewer, drain, electric line, pipe, duct or other apparatus
shall not be withheld nor be made subject to any conditions s ave 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 improvement of a road
thereover will not be prevented or prejudicially affect 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 conform to the 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 purpose such permission shall
neither be withheld nor be mad e 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 permiss ion, the reasons therefor shall be recorded and
communicated to the applicant :
Provided that nothing herein contained shall debar a person from making a fresh application after
omitting therefrom the objectionable features communicated to him as aforesai d on account of which
such permission was refused.
(5) If at the expiration of a period of three months after an application for such permission
specifying the name and address of the 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
lapsed and no decision has been notified in writing, posted or delivered to the applicant at the address,
then (except as may otherwise be agreed in writing between the Hig hway Authority and the applicant)
permission shall be deemed to have been given without the imposition by the Highway Authority of any
conditions.
(6) The Highway Authority shall maintain a register with sufficient particulars of all permissions
given or refused by it under this section and the register shall be available for inspection free of charge
by all persons interested and such persons shall be entitled to take extracts therefrom.
Explanation.— For the purpose of this section, the “appointed day” shall, with reference to any
highway boundary, building line or control line, mean—
(1) the day on which a notification is published in the Official Gazette, under sub -section (2) of
section 7 proposing to fix such highway boundary, building line or control line, and
1955 : LV] The Maharashtra Highways Act 15
(2) if any modification is made in such highway boundary, building line or control line, the day on
which the notification is published under sub -section (1) of section 7 fixing such highwa y boundary,
building line or control line.
10. Appeal.— (1) If any applicant is aggrieved by any decision of the Highway Authority under
section 9, withholding permission, or imposing any condition, he may appeal to the State Government
within 30 days from the date on which such decision was communicated to him.
(2) The State Government may, after giving an opportunity to the applicant to be heard, make such
order as it thinks fit upon the appeal and the decision of the State Government shall be final.
11. Exemptions for works in progress, etc. — (1) No restrictions in force under section 9 shall
apply to the erection or making of a building or excavation or to the construction, formation of laying
out, of any means of access or works begun before the appointed day referred to in section 9.
(2) No restrictions in force under section 9, except restrictions as to the construction, formation or
laying out, or means of access, shall apply to any land forming part of a burial or cremation ground or
other place for the disposal of the dead being land which has, before the passing of this Act, been used
for such purpose.
(3) No restrictions in force under section 9 shall apply to any excavation 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 restric tions 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 interests of safety or convenience of traffic, regulate or divert any
existing right of access to a highway across land lying between the contro l 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 Highways 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, t he Highway
Authority and the officers and servants appointed under section 6 may—
(a) enter upon, survey and take measurements and levels of any land ;
(b) mark such levels, dig or bore into the 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 joining such stones or marks shows the road boundary correctly ;
(d) where there are bends or kinks on the road boundary, locate the stones or marks in different
colours so as to give the correct configuration of the boundary if they are joined by straight lines ;
(e) give consecutive numbers to such boundary stones or marks and maintain t hem on the
ground as if they constituted part of the highway ;
(f) lay out the building and control lines by placing marks in differe nt colours and cutting
trenches;
16 The Maharashtra Highways Act [1955 : LV
(g) if the survey cannot otherwise be made, or measurements or levels taken or boundarie s
marked and lines laid out, cut down and clear away any standing crop, tree, fence or jungle or any
part thereof ;
1[(g-1) demarcate the boundaries of New Town and demarcation of roads and plots in the final
layout of the land covered under the Land Pooling Scheme by placing boundary stones and marks;
(h) do all other acts necessary in that behalf :
Provided that the Highway Authority shall not, except with the consent of the occupier thereof,
enter or permit any of the officers or servants to enter any premises without previously giving such
occupier at least forty-eight hours’ notice in writing of its intention to do so.
2[15. Power to acquire land, etc. — (1) Any land required by the Highway Authority for
discharging its functions under this Act shall be deemed to be the land needed for a public purpose and
such land may, on a request being received from the Authority, be acquired by the State Government for
the said Authority under the provisions of this Act.
(2) On the Highway Authority approaching the State Government as provided under sub -section
(1) with such requisition and the State Government being satisfied that for a public purpose any land is
required for the building, maintenance, management or operation of a highway or part thereof, it may,
by notification in the Official Gazette, declare its intention to acquire such land :
Provided that, if the land intended to be acquired is situated in the Scheduled Area, before declaring
its intention to acquire such land, the State Government or the officer authorised in this behalf shall
consult, in such manner as may be laid down by the State G overnment by a general or special order
issued in this behalf,—
(i) the Gram Sabha or Panchayat concerned, if the land is falling within the limits of a village;
(ii) the Panchayat Samiti concerned, if the land is falling within the limits of more than one
villages in a Block;
(iii) the Zilla Parishad concerned, if the land is falling within the limits of more than one
Blocks, in a District.
Explanation.— For the purposes of this sub-section,—
(i) the expressions “Gram Sabha” and “Scheduled Area” shall have the meaning respectively
assigned to them in the 3Bombay Village Panchayats Act, 1958 (Bom. III of 1959);
(ii) the expressions “ Panchayat Samiti ” and “ Zilla Parishad ” shall have the me aning
respectively assigned to them in the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961
(Mah. V of 1962).
(3) Every notification issued under sub-section (2), shall give a brief description of the land.
(4) Any officer authorised by the State Government, by notification in the Official Gazette, for
acquisition of land for the purposes of this Act (hereinafter called as “the Land Acquisition Officer”),
shall cause the substance of the notification to be published in two local newspapers, one of which will
be in a vernacular language.
16. Power to enter or survey, etc. — On the issue of the notification under sub -section (2) of
section 15, it shall be lawful for the Land Acquisition Officer or any person auth orise by the State
Government in this behalf, to—
(a) make any inspection, survey, measurement, valuation or enquiry ;
(b) take levels ;
(c) dig or bore into sub-soil ;
1 Clause (g-1) was inserted by Mah. 28 of 2016, s. 5.
2 These sections were substituted for sections 15 to 19 by Mah. 37 of 1999, s. 2.
3 The short title of this Act was amended as “the Maharashtra Village Panchayats Act” by Mah. 24 of 2012, Schedule entry
74, w.e.f. 1-5-1960.
1955 : LV] The Maharashtra Highways Act 17
(d) set out boundaries and intended lines of work ;
(e) mark such levels, boundaries and lines by placing marks and cutting trenches ; or
(f) do such other acts or things as may be prescribed.
17. Hearing of objections.— (1) Any person interested in the land other than the persons whose
objections or suggestions have already been considered or heard by the Highway Authority in response
to the notification issued by the Highway Authority under section 7 may, within twenty -one days from
the date of publication of the notification under sub-section (2) of section 15, object to the use of the land
for the purpose or purposes mentioned in that sub-section.
(2) Every objection under sub-section (1) shall be made to the Land Acquisition Officer in writing
and shall set out the grounds thereof and the Land Acquisit ion Officer shall give the objector an
opportunity of being heard, either in person or, by a legal practitioner, and may, after hearing all such
objections and after making such further enquiry, if any, as the Land Acquisition Officer thinks necessary
by order, either allow or disallow the objections.
Explanation.— For the purposes of this sub-section, “legal practitioner” has the same meaning as
in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961(25 of 1961).
(3) Any order made by the Land Acquisition Officer under sub-section (2) shall be final.
18. Declaration of acquisition.— (1) Where no objection under sub-section (1) of section 17 has
been made to the Land Acquisition Officer within the period specified therein or where the Land
Acquisition Officer has disallowed the objectio n under sub -section ( 2) of that section the Land
Acquisition Officer shall, as soon as may be, submit a report accordingly to the State Government and
on receipt of such report, the State Government shall declare, by notification in the Official Gazette, that
the land should be acquired for the purpose or purposes mentioned in sub-section (2) of section 15.
(2) On the publication of such declaration under sub -section (1), the land shall vest absolutely in
the State Government free from all encumbrances.
(3) Where in respect of any land, a notification has been published under sub-section (2) of section
15 for its acquisition but no declaration under sub-section (1) has been published within a period of one
year from the date of publication of that notification, the said notification shall cease to have any effect:
Provided that, in computing the said period of one year, the period or periods during which any
action or proceedings to be taken in pursuance of the notification issued under sub -section ( 2) of
section 15 is stayed by an order of a court shall be excluded.
(4) A declaration made by the State Government under sub -section ( 1), shall not be called in
question in any court or by any other authority.
19. Powers to take possession. — (1) Where any la nd has been vested in the State Government
under sub-section (2) of section 18, and the amount determined by the Land Acquisition Officer under
section 19B with respect to such land has been deposited under sub-section (1) of section 19C with the
Land Acqu isition Officer by the State Government, the Land Acquisition Officer may by notice in
writing direct the owner as well as any other person who may be in possession of such land to surrender
or deliver possession thereof to the Land Acquisition Officer or any person duly authorised by him in
this behalf within sixty days of the service of the notice.
(2) if any person refuses or fails to comply with any direction made under sub-section (1), the Land
Acquisition Officer shall apply—
(a) in case of the land situated in any area falling within the metropolitan area to the
Commissioner of Police ;
(b) in case of the land situated in any area other than the area referred to in clause ( a), to the
Collector of a District ; and
such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to the
Land Acquisition Officer or to the person duly authorised by him.
18 The Maharashtra Highways Act [1955 : LV
19A. Right to enter into land where land vested in State Government. — Where the land has
been vested in the State Government under section 18, it shall be lawful for the 1[Land Acquisition
Officer or the Highway Authority or any person authorised by them] in this behalf, to enter and do other
act necessary upon the land for carrying out the building maintenance, management or operation of a
highway or a part thereof, or any other work connected therewith.
19B. Determination of amount payable as compensation.— (1) Where any land is acquired by
the State Government under this chapter there shall be paid an amount of compensation which shall be
determined in accordance with the provisions of this section.
(2) Where the amount of compensation has been determined by agreement between the State
Government and the person to be com pensated, it shall be determined in accordance with such
agreement.
(3) Where no such agreement can be reached, the State Government shall refer the case to the Land
Acquisition Officer for determination of the amount of compensation to be paid for such acquisition and
also the person or persons to whom such compensation shall be paid :
Provided that, no compensation exceeding such amount as the State Government may by general
order specify, shall be determined by the Land Acquisition Officer without the previous approval of the
State Government or such Officer as the State Government may appoint in this behalf :
2[Provided further that, the State Government while issuing the general order under the preceding
proviso shall adhere to the provisions of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), relating to the determination of
amount of compensation in accordance with the First Schedule and rehabilitation and resettlement
specified in the Second and Third Schedules, being beneficial to the affected families.]
(4) Notwithstanding anything contained in sub-section (3), if, after the case is referred to the Land
Acquisition Officer under the said sub -section ( 3) but before he final ly determined the amount of
compensation, such amount is determined by agreement between the State Government and the person
to be compensated, the compensation shall be determined by the Land Acquisition Officer in accordance
with such agreement.
(5) Where the right of user of any right in the nature of an easement on any land is acquired under
this Act, there shall be paid, to the owner and any other person whose right of enjoyment in that land has
been affected in any manner whatsoever by reason of such acquisition, an amount calculated at ten per
cent. of the amount determined under sub-section (2) or sub-section (3), as the case may be, for that land.
(6) Before proceeding to determine the amountExcerpt shown. Open the full act in Lexace.