The Manipur Highways Act, 1979

 
EXTRAORDENARYm
PUBLISHED BY AETHGRET? .
No. 27503 AImEaEITWQdQeéHaTSJc—nfiye—F;3Ei§7£§§1237551271561—)
" GOVERNMENT, OF MANIPUR
SECRETARIAT: {AW DEPARTMENT
Imphai, 1h: 51h December, 1979
. NO. 2/22/78-Leg/L—The following Act of {he Legs!' received ature, Manipur whichassent of the President on 15-11-79 is hereby published in the Manip‘uh‘ Gazette.
. ,_ . CH. NIMALSINGH, .__,Un‘de‘r Secretary (Law) tothe Gth. of_ - ‘ »M'aujpur. ~ ’
‘l'HEf MANIPUR' HIGHWAYS _AC_T,_ 1979,; g
(Manipquct 15 9:“ i979.) H 1 ..
‘ ‘ ‘3 Air" 3; 3% ' ACT'r __ 7 _ ,.to provide fof the régulation 0f roqdideVelqpment and fééd transport.
‘ ' L ’ PREAMBLE.
V f:Whéreas it is expedient to pfovide 1’greneralvly- for the regulation of road"'devélopment and road tranSport so as‘lffgrkgecure far the public such conditions' .388 will. ensuregthe maximum etfipiency drfihlla-Iumeéélffi’éf road ryansport, ,a-nd, V'iin;payticulat,;“gfor,'the' prgven‘tibn of ribbon_ d’eveldpmépfg 31M "'- d: ,BiEj‘ivié'enacted by the icgi‘siéffmé‘pfi V A " ' 7 I Ipupli'c" 9f" India" as‘ £91191”??? :"—, .4
 
  
   
 
  
   
  
Short title,
extent and
commence-
ment.
Definitions.
(2) ”betterment When applied to land”
(3) “betterment tax”
PART—I
CHAPTER~I
PRELIMINARY
(1) This Act may be called the Manipur Highways Act,
(2) It shall extend to the whole of the State of Manipur.
(3) It shall come into force on such date as the State Govern—ment may, by notification in the official Gazette, appoint.
In this Ordinance, unless therthe subject or context: e is anything repugnant in
!
‘animal” means any elephant, camel, horse, ass, mule,cattle, sheeps or goat.
means the increase .in the value of any land arising from the execution inits vicinity of a highway development scheme atpublic expense.
means a tax levied on owners ofland on the basis of a percentage of the bettermentvalue of the land.
(4) “building line” means a line on either side of any ‘highway or part of a highway as determined by thehighway authority under Section 12 of this Act.
(5) "eempetent authority” means the State Governmentor 5:. 138a} authority or any oflicer of the StateGovernment or local authority, competent to sanctionthe construction of, or repair to, a highway.
(6) “mntrol line” means a line on either side of a high-way or part of a highway beyond the building line,as determined by the highway authority underSection 12 of this Act.
(’7) “driver” means, in the case of a vehicle, the personin charge or control of the vehicle for the time‘ being,and in the case of an animal any person driving,leading, riding, or otherwise managing or controllingthe animal and the words drive, driving, shall beconstrued accordingly. »
(8) ”encroachment” means occupation of any highway orpart thereof, and includes ;
(a) the erection of a building or any other strafing, 'balconies, porches, chajjas or projection, on, Waror overhanging the highway land. '
(9)
(10)
(11)
(12)
3
(b) occupation of highway land beyond the prescri—
bed period, if any, for stacking building materials
or goods of any other description, for exhibiting
articles for sale, for erecting poles, awnings, tents,
pandals and other similar erections or for
parking vehicles or stabling domestic animals or
for any other purposes, and
(c) excavations or embankments of any sort made or
extended on any highway land.
“highway” means any public thoroughfare, Whether
a road, street, lane, bridlepath or a foot—track,
whether surfaced or unsurfaced, Whether on land
owned by Government or a local authority or on land
belonging to a private person over which the public
have, or acquired, a right of way by usage, and
includes:
(a) the slope, berm, borrow—pits, foot—paths, pave—
ments and 'side drains of any such thoroughfare,
(b) all bridges, culverts, causeways, carfiageways or
other road structures, built on or across such
thoroughfares, an
(e) the trees, fences posts, and other highway
accessories and materials and material stacks on
the thoroughfare or on land attached to the
thoroughfare.
“highway authority” means:
(a) for highways maintained by the State Govern-
ment, the Degartment 01" the Government
responsible for their maintenance, or any other
authority sgeeially appointed by the State
Government in this behalf,
,
. ~ . other authority as may be
appointer ‘J-y the St overnment in this behalf,
and
 
  
  
(c) for high trays not included in clauses (a) & (b),
the aut' " ’ apnolnted as the highway authority
under Se ten 3 or, it no such appointment has
been made, the State Government itself.
  
“highway boundaries” means the boundaries of the
highway Whether visibly demarcated _ or not,»
within which is contained the areas of_ land
constituting the highway or land reserved or
acquired for widening the highway.
“limited access highway” means a highway; access. to?»
which is permitted only at points spec1fica11y prov1eled;
or agreed to for the purpose by the highway authority:
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
4
"middle of a highway” means in relation to any'highway for the improvement of which plans havebeen prepared by the highway authority, the middleof the highway as proposed to be improved in accor--dance with the plans, and where no such plans havebeen prepared, the point halfway between theboundaries of the highway.
”motor vehicle” means a motor vehicle as defined inthe Motor Vehicles Act, 1939.
“permit” means the document issued by an authoritycompetent to issue it authorising the use of a vehicleas a public vehicle.
”prescribed” means prescribed in this Act or underrules made under this Act.
“public place” meansaroad, 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 which passengers are picked up or set downby a public vehicle.
”public vehicle” means any vehicle used or cons—tructed or adapted to be used for the carriage ofpassengers or goods for hire or reward.
”standard width of highway” means the Width ofa highway between its boundaries as prescribed bythe highway authority under Section 11.
survey includes” all operations incidental to thedetermination, measurement and record ofaboundaryor boundaries or any part of a boundary and includes.a resurvey.
"survey mark” means any mark or object errected,made, employed or specified by a survey officer toindicate or determine or assist in determing the"position or level of any point or points.
”survey officer” means any person appointed to be asurvey officer under this Act.
human, animals, motor steam or electric power, andincludes any barrow, sledge, plough, drag or like.vehicle. . _
, ,sfi
PART II
HIGHWAY AUTHORITIES, THEIR POWERS & FUNCTIONS
CHAPTER—Il
HIGHWAY AUTHORITIES
3. (l) The State Government may, by notification in the oflicialgazette, appoint any person, either by name or by‘virtue of hisoffice. to be the highway authority for all highways in the State orfor :1” the highways in such part of the State or for such particularhighway or highways in the State and subject to such conditionsand limitations as may be specified in the notification.
(2) A highway authority so appointed shall exercise and dischargethroughout its jurisdiction powers and functions Specified in the suc-ceeding chapters subject only to such limitations as may have beenimposed by the notification issued under Sub-secticn (1).
4. (l) The State Government may at any time by notificationin the ollicial gazette transfer control of any highway from itselfor any of its departments functioning as the highway authority toanother highway authority, or from one highway authority to another,in regard in such mattrers dealt with by this Act and on such conditionsas may be specified in the notification.
(2) When ahighway authority has been changed in the mannerpmscrihcd under Sub-seclion (l), the new highway authority shall,us from the date of the notification issued under that sub-seCtion,exercise in respect of the highway or highways of which controlhas been transferred, all the powers and functions of the previoushighway authority subject to the conditions if any, Specified in thatnotification.
CHAPTER—III
DEVELOPMENT AND MAINTENANCE OF HIGHWAYS
_<‘r any officer not bve7ow theSupervisor authorised by theundertake a reconnaissance
ofa highway scheme and may
5. (l) The highway authority,.rzmk of a ?.Wng‘Wy' local Boardhighway a‘uth‘oiity' inh“”fhis behalf, maysurvey in connection with the preparationfor this purpose ; M
(3.) enter upon any land along with his workmen and surveyand take measurements and levels on it,
mark snehlevels, dig or bore into the sub-soil and do allother acts necessary to ascertain whether the land issuitable,
(b)
Appointmen tof Highway
Authority.
Transfer of
control from
one Highway
Authority to
another.
Power to
enter lands
for reconnais—
sauce and
preliminary
survey in
connection
with highway
scheme.
Preparation
of schemes
for highway
develo'p- "
ment. ‘
6
(c) set out the boundaries of the pronosed highway by placingmarks and cutting trenches, and ,
(n) where otherwise survey can not be congpleted and, the leggytaken and the bOund’aries marked, cut down and -clearany part of a standing crop, fence or jungle:
Provided that no person shall enter into any building or anyenclosed court or garden attached to a dwelling house (unless withthe Consent of the occu
occupier at least 48 hou
(2) The hi
the time of su
pier thereof) without previously giving suchrs’ notice in writing ol’his intentiorrto 'do so.
ghway authority or the authorised official shalt a_tch entry, pay or tender payment for all" necessarydamage to be done as aforesaid, and in case of dispute as 'tth-tiesufficiency of the amount so paid or tendered, shall at'once referthe dispute to the decision of the collector or other Chief RevenueOfficer of the district, and such decision shall be final.’
6. (1) The highway authority may, of its own accord, or ifexpressly requested by the competent authority Shall, subject to theother provisions of this Act and subject to such rulesasmay beframed by the State Government for this purpose, prepare and- Submit tothe competent authority for sanction, a detailed scheme for the consa
truction of a new hi
existing one.
ghway or the improvement of on repairsto an
(2.) Such a when“: may previde for =
(a) the acquisition of any land which in the opinion of the,highway authority is considered neceSSaty for its executtq-n,
(b) the laying out orrelaying out of- all or any of the lgngs
(C)
(d)
(e)
(0
so acquired.
The diversion or closure of any existing highway ora section of such highway, ,
the construction or reconstruction of the roadway inclptiing
its widening; levelling, surfacing, bridging, eewexing.,dratn1ng,
water supply and street lighting arrangements and planting
of road side trees,‘
the laying of foot-paths, cycle tracks and special unfit:
lanes for any kind or class, 05 vehicles, the designing and
siting of parking bays and petrol filling and eetwee
station, the location of advertisement posts and bill boqtés,
and
the layout of access roads at suitable distances conneeting
the highway or the
properties. proposed highway with the edioining
7
‘ ‘7. When the competent authority has sanctioned the highwayscheme prepared in pursuance of Section 6 and provided the necessaryfinances for Its execution, the highway authority shall'proceed to ‘carf'yout the work and may, for this purpose :—
(1) enter into and perform all such contracts on behalfof the competent authority as may be consider'etfnecessary, "
(2) make arrangements for the acquisition of the landsrequired underthe scheme by outright gift or purchaseby agreement with the owner or owners, or, failingsuch' agreement, by resort to the procedure set outin the Land Acquisition Act, 1894,
(3) turn, divertor'close either temporarily or permanentlyany existing highway or portion thereof, and
(4) regulate, subject to such rules as may be prescribedin this behalf, the kind, number and speed ofvehicles
using any highway or portion thereof by means ofbarrier, diversion roads or other means.
9. (1) Ahighway authority shall maintain authoritative plansfor the highways in its charge. ’
(2) Such plans shall show clearly the boundaries of the highways,the detailed measurements of road widths, the distances betweenboundary marks and sufficient measurements from fixed points toenable the refixation in position of‘ boundary marks in case they havebeen displaced or tampered with. ' - "
(3) The highway authority shall have all such authoritativeplans’prepared after having a survey made of the highway lands and “theirboundaries in the manner prescribed in ChapterX and’in accordancewith the record of that survey as notified under section 51 and
modified, as may be under section 52.
9. (l) The highway authority shall have the boundaries of? the
highways in its charge dem.1rcated‘ with reference to the authoritative.
plans maintained by it, by planting stones or other suitable marks 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.
(2) Where there are bends or links in the road boundary, the
stones or marks shall be so located as to give the correct configuration
of the boundary if they are joined by straight lines.
(3) The boundary stones or marks, which may be given consecutive
numbers, shall be maintained on the ground as if they constitute
part of the highway. ‘
(4) Where standard widths have been prescribed for any highway
under section ll, the distance between the highway bdu-ndaries so
demarcated shall correspond to that Width.
Powe; ‘58 d? 7cert~ 17$:for, éxwtm“?t X”ffifgfiwfio 4 V, 1
sehemeb‘. *
Maintenam.i
ofhigh'w‘ay
PINS? "
‘Demarcation ,
of road
boundaries.
Annual
check of
road boun-
duties.
Standard
widths of
highways.
IO. (1) It shall be the duty of the highway authority to conduct
an annual check of the boundaries of the highway in its charge
with a view to the locati 011 of unauthorised encroachments, if any.
(2) When the highway authority is satisfied that an unauthorised
encroachment has been made 011 highway land, it shall take immediate
steps as specified in Section 21 for the removal thereof.
CHAPTER—IV
PREVENTION OF RIBBON DEVELOPMENT ALONG AND
CONTROL OF ACCESS TO HIGHWAYS
ll. (1) the highway authority may, with the previousapproval
of the State Government, prescribe a standard width for any highway
in its charge.
(2) The standard width may be d1fl‘erent 1n different portions of
the same highway according to local needs.
(3) When ahighway authority proposes to prescribe astandard
width in respect at any highway or aportion thereof, it shall notify
the proposai in the oflicial gazette and invite objections, it‘ any, to
be submitted to it within sixty daysof the date of publication of
the notification.
(4) The notification shall also be published in at least two
new5papers, one at least of which shall be in the local language,
Circulating in the locality where the highway is situated, and, in addition,
copies of the notification shall be prominently displayed in a number
or places in the locality.
(5) All objections received within the prescribed period shall
be taken into account by the highway authority before finalising its
proposal for submisson to the State Gnvernment.
(6) The State Government may reject or sanction the proposal
with or without modifications, and shall publish their orders in the ‘
official gazette. ‘
(7) When the State Government’ 3 orders sanctioning the proposal
with or without modification has been is5ued the highway authority
shall cause further publicity to be given to the standard width, as
finally approved, in the same manner as prescribed in sub~ section (4),
and the rec0rds so published shall thereupon be conclusive proof that
the standard width so determined and recorded therein has been
correctly determined and recorded.
9
(8) 1n de’ermining the standard width, the highway authorityand the State Government shall take into account the requirementsof public health and welfare and of safety and convenience for allclasses of traffic, including pedestrians and cyclists, likefy to use thehighway.
(9) The standard width so determined may at any time be alteredbut the procedure for such alteration shall bethe same as prescribedfor the determination of the original standard width.
(10) The highway authority shall, as early as eeonomicaliypracticable after the prescription of the standard width, acquire eitherby direct negotiatton or, failing such negctiaticn. by compulsoryacquisition underthe Land Acquisition Act, 1894, all iand lying withinthe standard width not already form1ng part of the highway land.
12. (1) The highway authority may,with the previousapprovalof the State GOVernment, determine abuilding line and aeontiolline in respect of any highway or part of ahighway in its chargealong one or both sides of the highway.
(2) The distance between the middle of a highway and thebuilding line or that betw<en the building line and the controlline, which shall be fixed with due regard to the requirements ofsafety and convenience i'or traffic and of publichealth welfare, mayvary in different portions of the highway according to localconditions.
(3) When ahighway ax'thority rroposes to determine abuildingand a control line in reSpect e1 ahighway, the same procedure shallas far as applicable 1e foiIOWed as prescribed under sub-sections(3) to (7) of section 11 for the prescription of standard width.
(4) The building and control lines as finally determined shall bedemaicated on the ground by distinctive stones or other suitablemarks which may be painted with ditTerent colours and seriallynumbered.
13. (1) Notwithstanding anything contained in any other law forthe time being in force, it shall be unlawful for any person, exceptthe highway authority or any person Working on behalf of the highwayauthority.
(a) to construct orlay out any means of access 10 or fromahtghway, '
(b) to erect or re-erect any building or materially alter theoutside appearance of any existing building. '
(c) to make any excavation, or _
' (d) to"construct, form or lay out any works, uponlandlying’rnearergto the middle of ahighway than a distance equal)toyonejhalfof its; standard widthprescribed under section, 1121,3011upoz'tiandgjlyihg‘in between the boundary ‘of a- high:13.171133311531141 the buiiding ’iiae. determined,in_zt’espect, ofvtirer
 
Prescript ion:
of building, '
and control
lines. '
Restriction
of building
etc.in the are
between the
highway and:
the building
line.
Restriction
on building
etc, between
the building
and the con-
trol lines.
10
highway under section 12. Provided, however, these
restrictions shall not apply to any works necessary for
the repair, renewal, enlargement or maintenance of any
sewer, drain, electric line, pipe, duct or other apparatus,
constructed in or upon the land before the date on which
the restrictions came into force or,with the consent of the
highway authority, on or after that date.
2. Should any building (including awall) or any part thereof
~lie within the area between the building line and the middle of
ahighway, the highway authority may, whenever such building or
part has been either entirely or in greater part taken down or burnt
down 01' has fallen down, by notice require such building or part
when rebuilt to be set back to the building line.
14. (1) Notwithstanding anything contained in any law for the
time being in force, no person shall erect or re—erect any building
or structure or make or extend any excavation or construct, form or
lay out any means of access to a highway upon iand lying in between
the building and cantrol lines determined in reSpect of the highway,
except with the previous permission of the highway authority in writing.
(2) Every person desiring to obtain the permission referred to
in sub-section ( 1) shall make an application in writing to the highway
authority in such form and containing such information in reSpect
of the building. excavation or means of access to which the application
relates, and together with such fees as may be prescribed.
(3) On receipt of such applicuion, 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 reasonable conditions,
if any as may be specified in order, or
(b) refuse to grant such permission.
(4) The highway authority shall not ordinarily refuse permission
to :
(a) the erection of a building or structure or the making of
or ”extending an excavation which conforms to the require-
ments of public health and welfare and of safety and
convenience of traffic on the adjoining highway, or
(b) the re-erection of a building or structure which was in
existence on the date on which the restrictions under
Sub-section (1) came into force, unless such re-erection
involved any material alteration to the outside appearance
of the building or structure.
(5) When the highway authority refuses the permission, the
reasons therefore shall be recorded and communicated to the applicant.
(6) In the event of refusal, the applicant may submit fresh
application for permission to the highway authority, avoiding the'
objectionable features on account of which the first application was ’
refused, and such a fresh application shall be c-onsideged by the
highway authority as if it were‘ made for the first time."
 
11
(7) If at the expiratien of a period of three months after an
~application has under- Sub—section (I) or Sub-section (6) been made
to the highway autharity, no order in writing has been p'aSSed by
that authority, permission shall be deemed to have been given without
.the imposition of any conditions. Provided that no such automaticgrant of permission shall_be presumed if the application is one for
the cmstruction, formulation or laying out of any means of access.
(8) 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
a" persons interested and such persons shall be entitled to take
extracts therefrom.
(9) Any person aggrieved by an ,order under Sub-section (2)
"granting permission subject to conditions or refusing permission, may
within thirty days from the date of such order prefer an appeal to
She State Government whose order in the matter shall be final.
15. (l) The highway authority may with, the written approval
0f the State Government, deciare a highway or any portion ofit to
be a limited access highway.
(2) When a highway authority prOposes to make any such de-
claration, the same procedure shall, as far as applicable, be followed
.as prescribed under Sub-sections (3) to (7) of Section 11 for the
prescription of standard widths.
(3) It shall be unlawful for any person to lay out a new means
«of access to a limited access highway for vehicles or pedestrians,
except with the specific permission of the highway authority.
(4) The procedure for obtaining the permission of the highway
authority for this purpose shall be the same as prescribed in Section
:14 and in the event of refusal of permission the applicant shall have
the right of making a fresh application to that authority and the
right of appeal to the State Government in the same} manner as
provided for in that Section.
(5) When any highway or part of it has been declared to be
.a limited access highway, the highway authority shall, within six
months of the final publication of the declaration or'such longer time
3;.- may be specially allowed by the State Government in any individual
case, prepare a plan of such highway or part showing the points
On which access shall, if applied for in accordance yvith sub-section
{4), be permitted. "
(6) A plan so prepared shall be available for inSpection by the
public in the office of the highway authority free of charge at all
reasonable times, and copies of it shall be made available to any '
member of the public on application to the highway authority and
on payment of such reasonable. cost as may be prescribed. '
16. (1) The highway authority may, if it is considered essential’
in the interests ,of safety of convenience of traffic, regulate or divert
any existing right “of access-to a highWay across land lying'between
the control line and the highway boundary. . . .
Declaration
of limited
awess highs
WW.
Regulation. ’ ’
or diVisibn
, of existing
rights ‘ off _
,t ‘ accesg., 4 '
Compen-
:anon.
12
(2) Where an existing right of access is diverted, the point 3:!which alternative access is given to the highway shall not be unreasonably
distant from the existing point of access.
(3) In the case of existing village tracks and lanes giving access.
to a highway to right angles, the alternative access that may be
provided shalt as far as possible have a diagonal approach to the:1
highway.
17. (1) Notwithstanding anything contained in any law farther
time being in force, no person shall be entitled to claim any compen—
sation for any injury, damage or loss caused or alleged to have hem:
caused as aresult of :
(a) the restrictions imposed against the erection or re-erectiou;
of a building or the making or extending of any excavation
or the laying out of any means of access on or across
latd lying in between the control line and the middleof
a highway under Sub—section (l) of Section 13 or sub-section.
(1) of Section 14;
(b) the regulation or diversion under Section 16 of the existing
rights of access across landslying within the control fine,
and the highway boundary, and
(c) the refusal of permission to the laying out of new means
of access to alimited access highway under sub-section»
(3) of Section 15.
Provided that compensation shalt be payable by the highway—
authority: ’
(i) where in compliance with the notice s’e‘r’ved by the;
highway authority under snb-section (2) of Section 13;
a buildmg or part thereof has been set back to the
building line of any highway, and
(ii) where permission to erect or re-erect abuilding in
the area lying in between the controlline and building
line of ahighway has been finally refused under:
Section 14.
(2) Whete compensation is payable under the proviso to subs!
section (I), the claimant nay, wnhm three months of the date of
notice issued by the highway authority under Sub-section (2) of Section
13 or within three months ofthe date of final refusal of permission“
under Section 14, as the case may be, make to the State Governmen
hiS' claim for compensation. r
1(3) On receipt of the claim under Sub-section (2), the State"
Government Shall transfer it for disposal to an oflicer exercising the];
powers of aCoJlector’ under the Land Acquisition Act,'1894. ' ’
(4) Nethingw in this .8501??? shall be deened to preetuglethg:
scttlement of a claim by mutualgag'reem‘ent. '
13
18. (1) When a claim is" transferred for disposal under sub-section3 of section 17 to an officer exercising the pOWers of aCollectorunder the land Acquisition Act, 1894, such oflicer shall make anaward determining the amount of compensation payable to theclaimant. .
(2) The amount of compensation awarded under sub—section (1)shall in no case exceed the difierenCe between the market value ofthe land when permission is refused and the market value whichit would have had if permission had been granted.
(3) No compensation shall be awarded under sub-section (1);
(i) unless the claimant satisfies the officer making the awardthat of proposals for the development of the land, Whichat the date of application under sub-section (2) of section14 Were immediately practicable, or would have beenpracticable on that date if this Act had not been passed,were prevented or injuriously afi‘ected by the restrictionsimposed under this Act and that there was demand forsuch development, or
(ii) if and in so far as the land is subject so substantiallysimilar restrictions in force under some other enactmentwhich were so in force at the date when the restrictionwere imposed under this Act, or
(iii) if compensation in respect of the same restrictions in force-under this Act or of substantially similar restrictions in force' under any other enactment has already been paid in respectof the land to the claimant or to any predecessor in interest.of the claimant.
(4) The provisions of Part III, IV, V and VII of the Land“Acquisition Act, 1894 shall, so far as may be apply to an awardmade under sub-section (1) as though it were an award made underfin; Act.
Amount of
compensa-
tion how
determinede
Highway
Iands to be
deemed
government
property.
Prevention
of unatho-
rised occupa—
tion of
highway
land.
CHAPTER—V
PREVENTION OF UNAUTHORISED OCCUPATION OFHIGHWAY LAND AND REMOVAL OF ENCROACHMENTS
19. A11 lands
vest in the
be deemed to be Government property.
20. (1)
land without obtainin g the
authority or any oflicer
behalf.
(2) The highway
due regard
(i) to place a movable encroachme
of any building owned b
forming part of a highwa
State Government shall, for the
No person shall occupy or encroach on aprevious permission in writing of
authorised by the highway
over-hanging the highway.
(ii) ‘to put up a temporar
similar erections ora t
highway, or
(iii) to deposit or cause to begoods for sale 0
(iv)
repairs or improv
Frovided that no such
to make a temporary excavation, for earrying outement t0 adjoming buitdmgs.
permission shall be deemed to be valid
y which do
and
not already
purpose of this‘ Chapter.
ny highway
the highway
authority in this
authority or the authOrised oflficer may, withto the safety and convenience of tralficsuch conditions as may be imposed and such rules as mby the State Government, and
charges as may be prescribed u
subject to
ay be prescribedon payment of such rent or othernder such rules, permit any person '
at on any highway in fronty him or maize a movabie structure
y awning or tent, panda! or otheremporary stall or scaffolding On any
deposited building materials,r other artifies on any highway, or
any
beyond a period of one year unless expressly renewed by the highwayauthority or the authorised officer. »
(3) The permission so granted shall clear]which the person is authorised to occupypurposes for which occupation 1S authorised and the exact portionof the highway
by a plan or
shall
so by any
sketch of that portion of
high way official and
the highway
y specify the date upto;
land, they
permitted to be occupied, and shall also be accompanied
the highway, if necessary.
(4) The person in whose favour such aproduce the permit for inspection whenever called upon to doshall at the end of the period
permission has been given
prescribed in the permit release the land occupied by him afterresorting it
(5) The highway authority 01'shallmaintain a complete record ofshall also cause a check-
of the period up to whi
to the same state as before
that the land has actually been vaCated.
occupation by him.
theofficer issuing the permission
all such permissions issued, andup to be made in every case at the expirationch occupation has been authorised to ensure
15
21. (1) When, as a result of the annual check of highwayboundaries made under section 10, or otherwise, it transpires thatan encroachment has taken place on highway land, the highwayauthority or any oflicer authorised in this behalf shall serve anoticeon the person responsible for the encroachment or his representativerequiring him to remove such encroachment and restore the landto its original condition before encroachment which the period specifiedin the notice.
(2) The notice shall Specify the land encroached upon and thetime limit within which such encroachment shall be removed and shallalso state that failure to comply within the prescribed period shallrender the person liable to prosecution and also to summary eviction.
(3) If the encorachment is not removed by the person or hisrepresentative within the time-limit prescribed in the notice and novalid cause is shown by him for non-cornpliance, the high authorityor the authorised official may prosecute him before the appropriatemagistrate for his having made or caused the encroachment and forhis failure to remove it within the prescribed time.
(4) Where the encroachment is petty or of trivial nature, e.g. exposingarticles for sale, opening temporary booths for vending. etc. the high-way authority or the authorised official may with the help of thepolice if necessary have it summarily removed without the formalityof issuing a notice as required under sub-section (1), or in lieu ofremoval of the encroachment option of executing a‘lease in favourof the highway authority for payment of rent for the area encroachedupon.
(5) When the encroachment is of atemporarv nature and caneasily be removed but is not Such as can be described as petty ortrival within the meaning indicated in sub—section (4), the highwayauthority or the authorised official may in addition to or in lieuof prosecuting the person responsibie for the encroachment undersub~section (3) have the encroachment summarily removed with theassistance of the police, if necessary.
(6) Where the encroachment is of such a nature that its immediateremoval is considered essential in the interest of safety of traflic onthe highway or the safety of any structure forming part of the highwayand no notice can be served immediately on the person responsiblefor the encroachment or his representative under sub-section (1)owing to his absence or for any other reason, the highway authorityor the authori ed official may, in addition to prosecution of theperson under sub-section (3), either— ,
(i) have such protective Work as may be feaSible atarea—
sonable cost carried out so as to minimise the dangerto traffic on the highway, or
(ii) have the encroachment removed with the help of tbepolice,'if necessary. -
 
Removal of
encroach-
ments.
MEN!!!
lnjunctionen
the highway
authority to
desist from
removal of
enchtoach-
meat.
Recovery of
cost of mo-
val of
enchoaeh-
meats.
16
(7) Where the encroachment is of a permanent nature and hasbeen in existence for some time but not long enough to createa prescriptiVe right by adverse possession, and the person responsiblefor the encroachment or his representative has not arranged for itsremoval eVen after he has been prosecuted under sub-section (3) andconvicted, afresh notice for its removal shall be served on him bythe highway authority or the oflicer authorised under sub-section (1),and in the event of his failure to comply with that notice also, thehighway authority or the authorised official shall institute asecondprosecution against him and simultaneously apply to the magistratehaving local jurisdiction to order the removal of the encroachment, andthe magistrate shall thereupon have the encroachment removed.
22. (1) Where the person on whom* notice to remove anencroachment has been served under sub-section (1) of Section 21,lays claim that the land in respect of which encroachment has beenalleged is his property or that he has acquired aprescriptive rightover it by virtue of adverse possession, he shall within the time limitprescribed in the notice for the removal of the encroachment, filea suit in a competent civil court and also get an injuction on the highwayauthority to desist from taking further action in the matter till the
suit has been diSposed of.
(2) When such an injuction has been issued, the highway authority
or the authorised officer shall suspend further action until the suit
filed by the person has been disposed of.
23. (l) Whenever ahighway authority or the oflicer authorised
under sub-section (1)' of Section 21 has under the provisions of that
Section removed any encroachment or carried out any protective-
work in respect of any encroachment, the actual expenditureinvolved,
together with 15 per cent for overhead charges shall be recovered
from the person responsible for the encroachment in the manner
hereinafter provided.
(2) Abil], representing the actual expenditure and the overhead
charges, shall be served by the highway authority or the authorised
ofi‘icer referred to on the person responsible for the encroachment
or his representative with adircction to pay up the total amount
within aspecified date to the authority mentioned in the bill.
(3) The bill shall be accompanied by a certificate from the highway
authority or the authorised oflicer to the eflect that the amount of
expenditure indicated in the bill represents the charges incurred and
such a certificate shall be conclusive proof that the charges had
actually been incurred and shall not be questioned in any civil court.
(4) The materials, if any, recovered as aresult of the remqval
of any encroachment shall be handed over to the person _reSponsible-
for the encroachment on payment of the bill by him but in the event
of his failure to pay up the bill Within the specified date, the mate-
rials may/ be auctioned and after deducting the amount of the bill“
from the procceeds, the balance if any, shall be made over to him.
VM—wm.
17
(5) If the proceeds of the auction sale do not cover the total billed
amount, the excess over the amount realised by the sale of materials
or if there are no materials to dispose of and the billed amount
has not been paid by the person responsible for encroachment within
the prescribed date, the entire amount of the bill shall be recoveied as
arrear of land revenue.
CHAPTER—VI
IMPROVEMENT AND MAINTENANCE OF VILLAGE ROADS
24. (1) The State Government may, whenever it deemsittd be
necessary in the public interest, by notification in the official gazette
direct ahighway authority to take over for road construction and/or
maintenance any land constituting avillage road or track on which
the public have, or have established by long usage, a permanent right
of way, irrespective of whether such village road or track has been
shown in the Settlement Records as a public way or not, and whether
the ownership of such land vests in the Government or any landlord
or a proprietary body.
(2) Such notification shall be giyen pioper publicity in the locality
of the Village road or track.
(3) All such lands taken over by the highway authority as a result
of the notification issuedun-fler section (1), as are not already. deemed
to be crown property, shall te so deemed fOr purposes cf Chapter V,
and the provision of that chapter shall apply fully to such lands.
25. (1) Where there is any obligation by law or by custom or
otherwise, on any landlord or proprietary body to maintainia village
road or track on which the public have or have acquired a permanent
right of way, and such road or track is not in the opinion of
any highway authority properly maintained, that authority may issue
anotice to the landlord or the proprietor to repair the road or track
Within such a reasonable time and in such manner as may be specified
in the notice.
V (2) If at the end of the specified period the repairs have not
been carried out in the manner specified, and the landlord or the
proprietor has not furnished any satisfacmry explanation for non-com-
pliance, the highway authority may move the State Government to transfer
central of the road or track to it or to any other highway authority und er
sub-section (1) of Section 24.
(3) The State Government, while directingthe transfer of control
of such Village road or track to any highway authority, may determine
whether any, and if so What, portion of the cost of repair Which
the highway authority may incur shallberecevered fronithe landlord
or the proprietor in discharge of his obligation to maintain the road
or track.
State Govt.
to direct
highway
authority to
take over
viilage tracks
for develop-
ment and
maintenance.
Highway“ '
authority to
require the
proprietor ’
of village
road land to
repair the
road properly"
where he is
under obliga-
tion to do so,
flighway
authority to
acquire
:eversionary
right of
proprietors
in village
road land.
Appointment
of Planning
Boards for
control of
development
in areas
adjoining
highways.
Constitution
of the Plan—
' hing Board
and transac-
tion of busi-
ness by it.
18
26. (1) Where the controt of avillage road or track has been
taken over by a highway authority as aresult ot a notification issued
undet sub-section (1) 0t Section 24 and the ownership of the land
constltuting the road or track vests in a landlord or proprietary body,
the highway authority shall acquire by direct negotiation or, failing
negotiation, by resort to the Land Acquisition Act, 1894, the reversionaty
rlghts, if any, of the tandlord or proprietary body to the land by
paying suitable compensation.
(2) In determining the compensation payable under sub-section
(1), regard shall be had to the fact that the reversionary right is
very remote.
(3) The amount, if any, payable by the proprietor under sub-
section (3) of Section 25 may be set off against the compensation
payable to him under sub-section (1).
PART III
CONTROL OF LAND DEVELOPMENT IN AREAS ADJACENI
TO HIGHWAYS AND LEVY OF BETTERMENT TAX
CHAPTER—VII
CONTROL OF ROADSIDE LANDS
27. {1) The State Government shall, by notification in the official
gazette, appoint a Planning Board (hereinafter referred to as the Board)
for the control of township development in the State in areas adjoining
highways outside the territorial jurisdiCtion of Municipalities, City
Corporations, City improvement Trusts or like Bodies not being
District Boards:
Provided that the State Government may, if it considers
asingte Board to be inadequate for handling the work in the whole
State, appoint more than one such Board, each for a specified region
in the State.
(2) The State Government may, at any time by notification
in the official gazette, add to or reduce the area of jurisdiction of
a Board.
(3) ABoard, so appointed, shall be a body corporate and have 2
perpetual succession and a common seal and shall sue and be sued by its ,
own name.
28.
or non-official,not being less
from time to tlme determine
(1) A Board shall consist of such number of members, official
than three, as the State Government may
by notification in the official gazette:
19
t2) One of the members of the Board shall be aHighway
Engineer, 3. second Town Planner with knowledge of architecture,
and a third with experience in land valuation.
(3) The Board shall meet and transact business in accordance
with such rules as may be prescribed by the State Government in this
behalf.
(4) Such rules shall aiso provide for the appointment of a chairman
tom among the technical members of the Board, the payment of
remuneration and travelling allowance to him and to the other members,
and the appointment of stafi‘ for the Board.
(5) If any member of a Board owns, or has any interest in,
‘iand lying in any area the development of which is controlled by
such a Board, he shall take no part in the proceedings of the
Board relating to such area.
(6) A Board shall be provided by the State Government With
'Such funds as may be required for the proper discharge of its functions
and shall maintain regular accounts in accordance with such rules as
may be prescribed by the State Government in this behalf.
28A. (1) Whenever a highway authority has reason to believe
that an area adjacent to a highway outside the territorial limit ofa
Municipality, City Corporation 01' City improvement Trust or other
like body not being a District Board, is likely to develop into a
building or industrial area and that such development it'left unregulated
is likely in course of time to aFfect the highway adversely, it shall
in writing request the State Government to direct the Board, orthe
appropriate Board it‘ more than one such Board have been appointed
in the State, to control the Development in that area.
(2) On receipt of such request from ahighway authority, or at
its own instance, or at the instance of any class of public, and after
making such enquiries as may be deemed necessary, the State Govern~
ment may by notification in the official gazette direct the Board,
or the appropriate Board if there is more than one in the State, to
exercise control over development in SuCh area:
Provided that the State Government may, at its discretion direct
in adjoining Municipality, City Corporation, City Improvement Trust
or other like body to exercise control over such area in accordance
with the law under which such body functions within its own limits
«of jurisdictiofi.
29. (1) The Board shall, as soon as possible after it has been
notified to exercise control over development in any area, have a survey
made of such area and shall have the boundaries thereof demarcated
with reference to \the survey.
(2) The boundaries so demarcated shall be notified by the Board
in the official gazette in such detail as may be necessary for the proper
identification of the area. -
Specification
of areas
where con-
trol is to be
exercised
over develop—
ment.
Survey and
demarcation
of the area
and the pre-
paration of a
layout plan
for its deve—
lopment.
20
3 Within a year of the date of the notification issued undex
sub-section (2) or such longer period as may be specially permittefii
by

Excerpt shown. Open the full act in Lexace.

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