The Nagaland Highways Act 1967

NAGALAND ACT 6 OF 1967 
[THE NAGALAND HIGHWAYS ACT, 1967] 
Received the assent of the President on the 5th May, 1967 
[Published in the Nagaland Gazette-Extraordinary, Date 
the 12th May, 1967] 
  An Act to provide 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. 
Preamble.- WHEREAS it is expedient to provide for the restriction of ribbon 
development along the highways, for the prevention, removal of encroachment thereon, for 
the construction, maintenance and development of highways, for the levy of betterment 
charges and for certain other matters; 
It is hereby enacted in the Eighteenth Year of the Republic of India as follows:- 
 
CHAPTER  I 
PRELIMINARY 
 
 Short title, extent and commencement. – 1. (1) This Act may be called the 
Nagaland Highways Act, 1967. 
(2) It shall extend to the whole of the State of Nagaland. 
(3) It applies to the highways of the State except the National Highways, declared as 
such by the Central Government under the National Highways Act, 1956. 
(4) This section shall come into force at once. The State Government may, by 
notification in the Official Gazette, direct that all or any of the remaining provisions of this 
Act shall come into force in such area and on such date as may be specified in the 
notification; 
Provided that the State Government may, by notification issued in like manner, 
exclude any roads or ways or class of roads or ways situated in such area from the operation 
of all or any of the provisions of this Act. 
Definitions. (2) In this Act, unless the context otherwise requires – 
(a) “animal” means any domestic or captive animal. 
(b) “building” includes any erection of whatsoever material and in whatsoever 
manner constructed (including a farm building for agricultural purposes) and also 
includes plinths, door-steps, walls (including compound walls and fences) 
advertisement boards and the like. 
(c) “building line” means a line on either side of any highway or part of a highway 
fixed in respect of such highway or part by a notification under sub-section (1) of 
Section 7; 
(d) “Cantonment” means a Cantonment established under the Cantonments Act, 1924 
(2 of 1924); 
(e) “Control line” means a line on either side of a highway or part of a highway 
beyond the building line fixed in respect of such highway or part by notification 
under sub-section (1) of section 7; 
(f) “encroachment” means any unauthorized occupation of any highway or part 
thereof and includes an unauthorized – 
(i) erection of a building or any other structure, balconies porches, projection on 
or over or overhanging the highway; 
(ii) occupation of a highway beyond the prescribed period, if any, for stacking 
building materials or goods of any other description, for exhibiting articles for 
sale, for erecting poles, awnings, tents, pandals, hoardings and other similar 
erections or for parking vehicles or stabling animals or for any other purposes; 
(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” relating to any piece of all does not include any working which do 
not piece the surface of that piece of land, but includes wells and tanks; 
(i) “highway” means any road or way over which the public have a right of way or 
are granted access and which is declared to be a highway under section 3. 
 
The Expression Includes 
(i)  any land acquired or demarcated with a view to constructing a highway along 
it; 
(ii) the slopes, berms, barrow-pits, footpaths, pavements and side, catch and 
boundary drains attached to such a road or way;  
(iii) all bridges, culverts, causeways, carriageways and other structures built on or 
across such road or way; and  
(iv) the trees, fences posts, boundary, half kilometre and kilometre stones and 
other highway accessories and materials and materials stacked on the road or 
way; 
(j) “Highway Authority” means the authority appointed as such or to which the 
functions of such authority are entrusted under section 4; 
(k) “Highway boundaries” means the boundaries of a highway fixed in respect of 
such highway by a notification under sub-section (1) of section 7; 
(l) “means of access” includes any means of access whether private or public, for 
vehicles or for foot passengers and includes any street; 
(m) “middle of highway” means a point halfway between the highway boundaries; 
(n) “occupier” includes. – 
(i) any person who for the time being, is paying or is liable to pay to the owner 
rent or any portion of the rent of the premises in respect of which such rent if 
paid or is payable; 
(ii) any owner living in or otherwise using the premises; 
(iii) rent-free tenant; 
(iv) any person who is liable to pay to the owner damages for the use and 
occupation of any premises; 
(o) “owner” means. – 
(a) When used with reference to any premises, the person who receives the rent of 
the said premises or who would be entitled to received 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 or manager appointed by any court of competent jurisdiction, 
and  
(iv) a mortgagee-in-possession; 
(b) When used with reference to an institution or a body corporate, the manager of 
such institution or body corporate; 
(p) “prescribed” means prescribed by rules made under this Act; 
(q) “Railway administration” has the same meaning as in the Indian Railways Act, 
1890 (9 of 1890); 
(r) “Vehicle” includes a barrow, sledge, plough drag and a wheeled conveyance of 
any description capable of being used on a highway; 
(s) the expressions “land” “persons interested” and “persons entitled to act” used in 
this Act shall have the same meaning as the said expressions have in the Land 
Acquisition Act, 1894 (1 of 1894). 
 
CHAPTER  II 
DECLARATION OF  
HIGHWAYS, HIGHWAY AUTHORITIES AND THEIR 
POWERS AND FUNCTIONS 
 Declaration of roads, ways or lands as highways.- 3. The State Government may, 
by notification in the Official Gazette, declare any road, way or land to be a highway and 
classify it as. – 
 (i)      A State highway (special) 
 (ii)     A State highway; 
 (iii)   A major district road; 
(iii) Other district road; or  
(iv) A village road. 
Appointment of Highway Authorities. – 4. The State Government may, by 
notification in the Official Gazette appoint for the purpose of this Act or any of its provisions, 
any person or any authority to be a Highway Authority for all highways in the State or in 
parts of the State, or for any particular highway or highways in the State specified in the 
notification. 
Powers and duties of Highway Authorities. – 5. 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 subject. Subject to the approval of 
the State Government and to such general or special order which the State Government may 
make in this behalf, it shall be lawful for a Highway Authority to undertake the construction, 
maintenance development or improvement of highways. 
Officers and servants Highway Authority. – 6. For the purpose of enabling a 
Highway Authority to exercise the powers conferred and to discharge the duties imposed 
upon it by or under the provisions of this Act, the State Government may appoint such 
officers or servants as it deems necessary to work under such Authority. 
 
CHAPTER  III 
RESTRICTION OF RIBBON DEVELOPMENT 
 Power to fix boundary of building and control lines of Highways. – 43. (1) In any 
area in which the provisions of this Act, have been brought into force; and  
(i) Where any road, way or land has been declared to be a highway under section 3, or 
(ii) Where the construction or development of a highway is undertaken, the State 
Government may, by notification in the Official Gazette, fix as respects such 
highway, the highway boundary, the building line and the control line; 
Provided that having regard to the situation of the requirement of a highway or the 
condition of the local area through which the highway passes, it shall be lawful for the State 
Government: - 
(i) to fix different building or control lines, or; 
(ii) not to fix building or control lines in respect of any highway or portion thereof; 
(2) Not less than sixty days before issuing a notification under sub-section (1) the 
State Government shall cause to be published in the Official Gazette and in the prescribed 
manner in the village and at the headquarters of the circle in which the highway is situated, a 
notification stating that it proposes to issue a notification in terms of sub-section (1) and 
specifying therein all the lands situated between the highway boundary and the control line 
proposed to be fixed under such notification and in case of new works, also lands benefiting 
by the construction or development of the highway, as the case may be, together with a notice 
requiring all person affected by such notification, who wish to make any objections or 
suggestions with respect to the issue of such a notification, to submit their objections or 
suggestions in writing to the Highway Authority or appear before such Authority, within two 
months of the publication of the notification in the Official Gazette or within one month from 
the date of publication of the notification in the village, whichever period expires later. 
(3) The Highway Authority shall, after all such objections or suggestions have been 
considered or heard, as the case may be, and after such further enquiry, if any, as it thinks 
necessary, forward to the State Government a copy of the record of its proceedings held by it 
together with a report setting forth its recommendation on the subject or suggestion. 
(4) If, before the expiry of the time allowed by sub-section (2) for filing or hearing of 
objections or suggestions, no objection or suggestion has been made, the State Government 
shall proceed at once to issue the notification under sub-section (1). If any such objection or 
suggestion has been made, the State Government shall consider the record and the report, 
referred to in sub-section (3) and may either, - 
(a) abandon the proposal to issue the notification under sub-section (1); or 
(b) issue the notification under sub-section (1) with such modification, if any as it 
thinks fit. 
(5) In considering the objections or suggestions decision of the State Government on 
the question of issuing the notification under sub-section (1) shall be final and conclusive. 
Map to be prepared and maintained. –8. Within two months from the date of 
publication of the notification under sub-section (1) of section 7 fixing the highway 
boundary, building line and control line with respect to any highway, the Highway Authority 
shall cause a map to be made of the area through which such highway passes and shall cause 
to be marked thereon the highway boundaries and building and control lines and any other 
particulars necessary for the purposes of this Act, and within one month from the date of 
making any alteration or addition thereto cause the said map to be corrected and such map 
with the date indicated thereon of the last time when the same shall have been so corrected 
shall be kept in the office of the Highway Authority. 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. 
Restrictions on buildings between highway boundary and building line and 
between building and control lines. – 9.  (1) Notwithstanding anything contained in any 
law, custom, agreement or instrument for 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 means of access to, or form a highway, or 
(ii) erect any building; or 
(iii) materially alter any existing building; 
(c) use any building or alter the use of any building already erected in a manner 
which in the opinion of the Highway Authority, will in any manner whatsoever, 
infringe any of the provisions of this Act or interfere with the use of a highway 
adjoining the land on which such building is erected. 
(2) Every person desiring to obtain such permission under sub-section (1) shall make 
an application in writing to the Highway Authority in such form and containing such 
information as may be prescribed in respect of the building, alteration, excavation works or 
means of access, as the case may be, to which the application relates. 
(3) On receipt of such application, the Highway Authority, after making such 
enquiries as it may consider necessary, shall, by order in writing, either, - 
(a) grant the permission, subject to such conditions, if any, as may be specified in the 
order, or 
(b) refuse to grant such permission; 
Provided that, - 
(i)   Permission under clause (a) of sub-section (1) to the making of any 
excavation or construction, formation or laying out of works in any land for 
the purpose of repairing, renewing, enlarging or maintaining any under-
ground , sewer, drain, electrical line, pipe, duct or any other apparatus shall 
not be withheld nor be made subject to any conditions save such as may be 
necessary for securing that the sewer, drain, electric line pipe, duct or other 
apparatus shall be laid in such manner and at such levels, that the 
construction, maintenance, development or improvement of a road, 
thereover will not be prevented or prejudicially affected thereby; 
(ii)   permission under clause (b) of sub-section (1) to the erection or alteration of 
a building or laying out and means of access to a highway which conforms 
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 condition. 
Provided that in the case of means of access required for agricultural purposes such 
permission shall neither be withheld nor be made subject to any conditions save such as may 
be necessary for securing that the means of access shall be used for agricultural purposes 
only; 
(iii)  permission under clause (b) of sub-section (i) 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-election or 
alteration involves any material alteration to the outside appearance of the 
building. 
(4) When the Highway Authority refuses permission, the reasons thereof shall be 
recorded and communicated to the applicant; 
Provided that nothing herein contained shall disentitle a person from making a fresh 
application after omitting therefrom the objectionable features communicated to his as 
aforesaid on account of which such permission was refused. 
(5) If at the expiry of a period of three months after an application for such permission 
specifying the name and address of the applicant has been made to the Highway Authority, or 
such further period not exceeding three months as may have been notified by the Highway 
Authority has elapsed and no decision has been notified in writing, posted or delivered to the 
applicant at the address, then (except as may otherwise be agreed in writing between the 
Highway Authority and the applicant) permission shall be deemed to have been given 
without the imposition by 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 
extract therefrom. 
Explanation:- For the purpose of this section the “appointed day” shall with 
reference to any highway boundary, building line or control line, mean-0 
(i)the day on which a notification is published in the Official Gazette under sub-
section (2) of section 7 proposing to fix such highway boundary, building line or 
control line, and 
(ii)  if any modification is made in such highway boundary, building line or control 
line, the day on which he notification is published under sub-section (1) of section 7 fixing 
such boundary, building line or control line.   
Appeal.-10. (1) If any applicant is aggrieved by the decision of the Highway 
Authority under section 9 withholding permission, or imposing any condition, he may appeal 
to the prescribed authority within thirty days from the date on =which such decision was 
communicated to him. 
(2) The prescribed authority, may, after giving an opportunity to the applicant to be 
heard make such order as it thinks fir upon the appeal and its decision shall be final. 
Exemptions for works in progress etc.-11 (1) No restriction in force under section 9 
shall apply to erection or making of a building or excavation or to the construction, formation 
or laying out, of any means of access or works begun before the appointed day referred to in 
section 9. 
(2) No restriction in force under section 9 except restriction as to the construction, 
formation or laying out, of means of access, shall apply to any land forming part of a burial or 
cremation ground or other p0lace for disposal of dead, being the land which has, before ]the 
passing of this Act, been used for such purpose. 
(3) No restriction in force under Section 9 shall apply to any excavation or works 
necessary in connection with any drains, ditches, or the drainage works for agricultural 
purposes or to any works necessary for the repair. Renewal, enlargement or maintenance of 
any sewer, drain, electric line, pipe, duct or other apparatus, constructed in or upon the land 
before the date on which the restriction came into force or with the consent of the Highway 
Authority on or after that date. 
Setting back of buildings to building-line or control-line. -12. 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. 
Regulation or division of right of access to Highway. -13 (1) The Highway 
Authority may, if it is considered essential in the interest of safety or convenience of traffic, 
regulate or divert any existing right of access to a highway across the land between the 
control line and the highway boundary; 
Provided that the existing right of access shall not be diverted until alternative access 
has been given. 
(2) Where the existing right of access is diverted the point at which alternative access 
is given to the highway shall not be unreasonably distant from the existing point of access. 
(3) The Highway Authority shall, by notification in the Official Gazette, publish the 
date on which the existing right of access has been diverted and alternative access has been 
given. 
Powers of Highway Authority officers and servants appointee under section 6 in 
respect of surveys.-14. For the purpose of carrying out any of the provisions of this Act, the 
Highway Authority and the Officers and servants appointed under section 6 may, 
(a) enter upon, survey and take measurements and levels of any land; 
(b) mark such levels, dig or bore into subsoil of any land; 
(c) demarcate the boundaries of the highway by planting stones or other suitable 
marks in different colours of durable nature at intervals along all the highway in 
such a manner that the line adjoining such stones or marks imaginary shows the 
road boundary correctly; 
(d) Where there are bends or kinks on the road boundary, locate the stone or marks in 
different colours so as to give the correct configuration of the boundary if they are 
joined by straight lines; 
(e) Give consecutive numbers to such boundary stones or marks and maintain them 
on the ground as if they constituted part of the highway; 
(f) Lay out the building and control lines by placing marks in different colours and 
cutting trenches; 
(g) if the survey cannot otherwise be made or measurement or levels taken or 
boundaries marked and lines laid out, cut down and clear away any standing crop, 
tree, fence, jungle or any part thereof; 
(h) do all other acts necessary in that behalf; 
Provided that the Highway Authority shall not, except with the consent of the 
occupier thereof enter or permit any of the officer or servants to enter any premises without 
previously giving such occupier at least twenty four hours’ notice in writing of its intention to 
do so. 
Acquisition of land or right or interest in land.-15. If at any time on the application 
of the Highway Authority, the State Government is satisfied that any land required for the 
purposes of a highway or any right or interest of any person in any land required for the said 
purposes should be compulsorily acquired or extinguished, as the case may be, it shall be 
lawful for the State Government to publish a notification to that effect in the Official Gazette. 
Such notification shall also be published in such other manner as may be prescribed. A 
notification so published shall be deemed to be the declaration that the lad is needed or as the 
case may be the right or interest is required to be extinguished for the purposes of the 
highway; and such declaration shall be conclusive that the land is so needed or the right or 
interest is so required to be extinguished. 
Land required to be marked and measure.-16. The Highway Authority or any 
officer or servant authorized by the Highway Authority shall thereupon cause the land to be 
marked out. It shall also cause it to be measured and if no plan is made thereof a plan to be 
made of the same. 
Public notice and other notices of such requirements for acquisition. -17. (1) The 
Highway Authority shall then cause a public notice to be given at convenient places on or 
near such land stating that the State Government intends to take possession of the land and 
that claims to compensation for all interest in such land, or any right or interest in land to be 
extinguished may be made to such officer as the Highway Authority may designate. 
(2) Such notice shall state particulars of the land so needed or right or interest in land 
to be extinguished and shall require all persons interested in the land or in the right or interest 
to be extinguished to appear personally or by agent before such officer as may be designated 
at the time therein mentioned ( such time not being earlier than fifteen days after the date of 
publication of the notice) and to state the nature of their respective right or interest in the land 
or, as the case may be, in the right or interest to be extinguished and the amount and the 
particulars of the claims to compensation for such right or interest or both and their 
objections, if any, to the measurements made under section 16. The Highway Authority may, 
in any case, require such statements to be made in writing and signed by the party or his 
agent. 
(3) The Highway Authority shall also serve notice to the same effect on the occupier 
of such land and on all such persons known or believed to be interested therein or to be 
entitled to act for persons so interested, as reside or have agents authorized, receive service 
on their behalf within the district in which the land in situated. 
(4) In case any person so interested resides elsewhere, a notice shall be served in the 
manner provided in section 71. 
Persons required to make statements regarding other persons having interests. – 
18. (1) The Highway Authority or the officer authorized by it may also require any such 
person to make or deliver to it or him at a time not being earlier than fifteen days after the 
date of requisition, a statement containing, as far as may be practicable, the name of every 
other person possessing any interest in the land or in any part thereof or, as the case may be, 
in any right or interest in the land to be extinguished as co-proprietor, mortgagee, tenant or 
otherwise, and of the nature of such interest, and of the rents and profits if any, received or 
receivable on account thereof in respect of three years next preceding the date of such 
statement. 
(2) Every person required to make or deliver a statement under this section or under 
section 17 shall be deemed to be legally bound to do so within the meaning of sections 175 
and 176 of the Indian Penal Code. 
Taking possession of land. – 19. At any time after the publication of the notification 
under section 15, the State Government may direct that the lands specified in the notification 
shall be taken possession of, or as the case may be, the right or interest specified therein shall 
be extinguished from such date the said land shall vest absolutely in the State Government 
free from all encumbrances, or as the case may be, such right or interest therein shall be 
extinguished. 
 
CHAPTER  IV 
PREVENTION OF UNAUTHORISED OCCUPATION OF AND ENCROACHMENT ON 
A HIGHWAY AND REMOVAL  
OF ENCROACHMENT 
 
 Lands forming part of Highway deemed to be Government property. – 20. All 
lands forming part of the highway which do not already vest in the State Government shall, 
for the purpose of his Chapter be deemed to be the property of the State Government. 
 Prevention of unauthorized occupation of Highway. – 21. (1) No person shall 
occupy or encroach on any highway within the highway boundary without obtaining the 
previous permission in writing of the Highway Authority or an officer authorized in this 
behalf by the Highway Authority. 
 (2) The Highway Authority or an officer authorized by the Highway Authority in this 
behalf may with due regard to the safety and convenience of traffic and subject to such 
condition as may be imposed and such rules as may be prescribed by the State Government 
and on payment of such rent or other charges as may be prescribed under such rules permit 
any person, - 
(i) to place a temporary encroachment on any highway in front of any building 
owned by him or make a temporary structure overhanging the highway, or 
(ii) to put up a temporary awning or tent, pandal, other similar erection or a temporary 
stall or scaffolding on any highway, or 
(iii) to deposit or cause to be deposited building materials, goods for sale or other 
article on any highway, or 
(iv) to make temporary excavation for carrying out any repairs or improvements to the 
adjoining buildings; 
Provided that no such permission shall be deemed to be valid beyond the period of 
one year unless expressly renewed by the Highway Authority or the authorized officer. 
(3) The permission so granted shall clearly specify the date upto which the person of 
one year is authorized to occupy the highway, the periods for which occupation is authorized 
and the exact portion of the highway permitted to be occupied, and shall also be accompanied 
by a plan or a sketch of that portion of the highway, if necessary. 
(4) The person in whose favour such permission has been given shall produce the 
permit for inspection whenever called upon to do so by the Highway Authority or any officer 
by a general or special order empowered in that behalf and shall at the end of the period 
specified in the permit release the land occupied by him after restoring it to the same state as 
before the occupation by him. 
(5) The Highway Authority or the officer issuing the permission shall maintain a 
complete record of such permissions issued, and shall also cause a check up to be made in 
every case at the expiry of the period up to which occupation has been authorized to ensure 
that the land has actually been vacated. 
Power to cancel permit. – 22. (1) The Highway Authority, may cancel any 
permission granted under section 21, - 
(a) if any rent or charge is not duly paid; 
(b) if the purpose for which the permission was given has ceased to exist; 
(c) in the event of any breach by the holder of such permission of any terms or 
condition of such permission; 
(d) if the land on which such encroachment has been made is required for any public 
purpose or such encroachment is causing impediment or danger to traffic. 
(2) Where the permission has been cancelled under clause (b) or (d) of sub-section (1) 
any rent or charge paid in advance shall be refunded to the holder of such permission less that 
amount, if any, due to the State Government. 
Prevention of encroachment. – 23. (1) When as a result of check of highway 
boundaries made or otherwise it transpires that an encroachment has taken place on a 
highway, the Highway Authority or the officer authorized under sub-section (1) of section 21 
shall serve a notice on the person responsible for the encroachment or his representative 
requiring him to remove such encroachment and restore, the land to its original condition 
before the encroachment within the period specified in the notice. 
(2) The notice shall specify the land encroached upon and the time limit within which 
such encroachment shall be removed and shall also state that failure to comply within the 
specified period shall render the person liable to prosecution and also to summary eviction. 
(3) If the encroachment is not removed within the time limit specified in the notice 
and no valid cause is shown for non-compliance, the Highway Authority or the authorized 
officer referred to in sub-section (1) may prosecute such person for his having made or 
caused the encroachment and for his failure to remove it within the specified time. 
(4) Where the encroachment is made for the purpose of exposing articles for sale, 
opening temporary booths for vending or other like purpose of a trivial nature the Highway 
Authority or the authorized officer referred to in sub-section (10 may with the help of the 
police, if necessary, have such encroachment summarily remove without issuing a notice as 
required by sub-section (1) or in lieu of removal of encroachment, may give the person 
responsible for encroachment option of executing a lease in favour of the Highway Authority 
on payment of rent for the area encroachment. 
(5) When the encroachment is of a temporary nature and can easily be removed, but is 
not such as can be described as trivial within the meaning of sub-section (4) the Highway 
Authority or the authorized officer referred to in sub-section (1) may in addition to or in lieu 
of prosecuting the person responsible for the encroachment under sub-section (3) have the 
encroachment summarily removed with the assistance of police, if necessary. 
(6) Where the encroachment is of such a nature that its immediate removal is 
considered essential in the interest of safety of traffic on the highway or the safety of any 
structure forming part of the highway, the Highway Authority or the authorized officer 
referred to in sub-section (1) may in addition to the prosecution of the person responsible for 
the encroachment under sub-section (3), either- 
(i) have such protective work as may be feasible at a reasonable cost carried out so as 
to minimize the danger to traffic on the highway, or 
(ii) have the encroachment removed with the help of the police, it necessary. 
 Appeal against notice served under sub-section (1) of section 23. – 24. Where the 
person on whom notice to remove an encroachment has been served under sub-section (1) of 
section 23 lays claims that the land in respect of which encroachment has been alleged is his 
property or that he has acquired a right over it by virtue of adverse possession or otherwise he 
shall, within the time limit prescribed in the notice for the removal of encroachment, file an 
appeal before the Deputy Commissioner under intimation to the Highway Authority or the 
officer authorized under sub-section (1) of section 21, as the case may be. The Deputy 
Commissioner shall after due enquiry, record his decision in writing and communicate the 
same to the appellant and the Highway Authority or such officer. The Highway Authority or 
such officer shall till then desist from revision to Government taking further action in the 
matter. 
 Recovery of cost of removal of encroachment. – 25. (1) Whenever the Highway 
Authority or the officer authorized under sub-section (1) of section 21 has, under provision of 
section 23, removed any encroachment of carried out any protective works in respect of any 
encroachment, the expenditure involved shall be recovered from the person responsible for 
the encroachment in the manner hereinafter provided. 
(2) A bill representing expenditure, including department charges, if any, incurred 
shall be served by the Highway Authority or the authorized officer referred to in sub-section 
(1) on the person responsible for the encroachment or his representative with a direction to 
pay up the amount within the specified period to the authority mentioned in the bill. 
(3) the bill shall be accompanied by a certificate from the Highway Authority or the 
authorized officer referred to in sub-section (1) to the effect that the amount of expenditure 
indicated in the bill represents the charge incurred and such a certificate shall be conclusive 
proof that the charge had actually been incurred. 
(4) The material, if any, recovered as a result of the removal of any encroachment 
shall be handed over to the person responsible for the encroachment, on payment of amount 
of the bill by him, but in the event of his failure to pay up the amount within the specified 
period, the materials may be sanctioned and after deducting the amount of the bill from the 
proceeds, the balance if any, shall be paid to such person. 
(5) If the proceeds of the auction sale do not cover the total amount billed for, the 
excess over the amount realized by the sale of the materials or if there are no materials to be 
disposed of and the billed amount has not been paid by the person responsible for the 
encroachment within the specified period, the entire amount of the bill shall be covered from 
such person as an arrear of public demand. 
 
CHAPTER  V 
COMPENSATION 
 Doing minimum damage in certain cases and compensation. – 26. In the exercise 
of the powers under the following provisions by the Highway Authority or any officer or 
servant appointed under section 6 or any other person authorized by or under this Act by the 
State Government as little damage as can be, shall be done and compensation in the manner 
prescribed by or under this Act shall be paid to any person who sustains damage in 
consequence of the exercise of such powers, namely; 
the imposition of restriction under section 9; 
the setting back of any building or part thereof under section 12; 
the regulation or diversion of any right of access to a highway under section 13; 
 the entry, survey, measurement and doing of any of the acts on any land under 
section 14; 
The acquisition of any land or extinguishment of any right or interest in the land 
under section 15; 
the closure of any highway or part thereof under section 52; 
Determination of amount of compensation by agreement.- 27.  The amount of 
compensation payable under section 26, the persons to whom it is to be paid and the 
apportionment of such amount among the persons interested therein, shall be determined by 
agreement between the Highway Authority or any officer authorized by the State 
Government and the person or persons claiming interest therein. 
Determination of amount of compensation in default of agreement.- 28. (1) In 
default of any agreement under section 27, the officer authorized by the State Government 
shall, subject to the provisions of this Act, after holding an enquiry, make an award 
determining:- 
(a) the true area of the land, if any, acquired; 
(b) the amount of compensation to be paid under Section 26; 
(c) the apportionment, if any, of such compensation amount among all persons known 
or believed to be entitled thereto. 
(2) In determining the amount of compensation, the matter specified in section 23 and 
24 of the Land Acquisition Act, 1894, (1 of 1894), as amended by the Schedule to this Act, 
shall be taken into consideration. 
No compensation of similar restrictions in force under any other law or if 
compensation already received- 29. No compensation shall be awarded:- 
(i) if and in so far as the land is subject to substantially similar restrictions in force 
under some other law which was in force on the date on which the restriction were imposed 
by this Act; 
(ii) if compensation in respect of the same restriction imposed under this Act or 
substantially similar restriction in force under any other law has already been paid in respect 
of the land to the claimant or to any predecessor in the interest of the claimant. 
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.- 30. When 
permission to erect any building has been refused under section 9 and 10 the amount of 
compensation shall not exceed the difference between the value of the land as determined by 
section 23 or 24 of the Land Acquisition Act, 1894, (1 of 1894)  as amended by the Schedule 
of this Act and the value which it would have had if the permission had been granted. In 
determining such value any restrictions to which the land is subject under any other law for 
the time being in force in regard to right of person claiming compensation to erect a building 
on the land or otherwise to use, hold or dispose of the same shall be taken into consideration. 
Compensation for diversion of access not to exceed cost of alternative access.- 31. 
Where the right of access to a highway has been destroyed as a result of the diversion or 
closure thereof and an alternative access has been given the amount of compensation shall in 
no case exceed the cost of laying a new means of access from the property of the claimant to 
such alternative route. 
Compensation for cutting of standing crops, trees etc.- 32. (1) At the time of entry, 
survey or measurement or doing any of the things under section 14, the Officer making the 
entry, survey or measurement or doing any other thing, shall pay or tender to any person 
entitled compensation for all necessary damage done as a result of such entry, survey, 
measurement or execution of work including the cutting of standing crops, trees or removal 
of temporary structures, if any, on the land. If the sufficiency of the amount so paid or 
tendered is disputed, the Officer concerned shall at once refer the dispute to such Officer as 
may be authorized by the State Government and the said Officer shall with the least 
practicable delay, decide the dispute and pay the person entitled the amount determined as 
compensation. The decision of the State Government shall be final. 
(2) If at the time of taking possession of the land under section 19, there are any 
standing crops, trees or temporary structures on the land, the Highway Authority shall pay or 
tender to the person entitled the amount of compensation for such standing crops, trees 
temporary structures. If the sufficiency of such amount is disputed, the value of such crops, 
trees and temporary structures shall be taken into consideration in determining amount of 
compensation for the land under section 28. 
No compensation for unauthorized erections.- 33  If any person has unauthorisedly 
erected, re-erected, added or altered any building on any land which is acquired for the 
purpose of a highway, then any increase in the value of the land from such erection, re-
erection, addition or alteration shall not be taken into account in estimating the value of the 
land. 
No compensation for removal of encroachment- 34. No compensation shall be 
payable for removal of any encroachment. 
Reference against the award of Highway Authority or authorized officer under 
section 28.- 35 (1) Any person aggrieved by the award of the Highway Authority or the 
officer authorized under section 28 may, by written application to such officer, require that 
the matter be referred to the Court of the Civil Judge within the limits of whose jurisdiction 
the land in relation to which the award is made is situated. 
(2) Any such application shall be made within six weeks from the date of the award, 
and shall be in such form as may be prescribed. 
(3) The provisions of section 5, 12 and 14 of the Indian Limitation Act, 1963 (36 of 
1963) shall apply to the computation of the time fixed for reference under sub-section 2. 
(4) The Highway Authority or the officer authorized shall make the reference in such 
a manner as may as prescribed. 
Procedure and powers of the authorities empowered to decide references under 
sections 35 and 44.- 36. (1) References under section 35 and 44 shall be deemed to be 
proceedings within the meaning of section 141 of the Code of Civil Procedure, 1908, (5 of 
1908), and in the trial thereof, the authorities empowered to decide such references may 
exercise all the power of Civil Court under that Code. 
(2) The scope of the enquiry in a reference under sections 35 and 44 shall be restricted 
to a consideration of the matters referred to the authorities mentioned in sub-section (1) in 
accordance with the provisions of this Act. 
District Superintendent of Police to enforce surrender or remove any 
encroachment.- 37. If the Highway Authority or any officer or servant is opposed or 
impeded in taking possession of any land or in executing any work or in removing any 
encroachment under this Act, the Highway Authority or officer or servant concerned shall 
apply to the Superintendent of Police of such Police Officer as the State Government may 
empower in this behalf and the Superintendent of Police or the officer so empowered shall 
enforce the surrender, removal or execution, as the case may be. 
Decision of authorities under sections 35 and 44 to be enforced as decrees of Civil 
Court. -38. The decisions of the authorities empowered to decide references under section 35 
and 44 shall be enforcible as a decree of a Civil Court. 
Payment of compensation awarded.- 39.  (i) On the determination of the 
compensation by agreement under section 27, or  
(ii) on making of an award under section 28,or 
(iii) if a reference is made under section 35 against such an award, after the decision 
of the authority under that section, 
The Highway Authority shall make the payment of the compensation awarded to 
person entitled thereto in accordance with the agreement, its award or the decision of the 
authority empowered to decide reference under section 35, as the case may be. The 
provisions of sections 31 to 34 (both inclusive) of the Land Acquisition Act 1894 (I of 1894) 
shall mutatis mutandis apply to such payment. 
 Payment of adjustment.- 40. All payments due to be made to any person by way of 
compensation by the Highway Authority under this Act, shall, as far as possible be made by 
adjustment in such person’s account regarding betterment charges, if any, due from such 
person under Chapter VI. 
 
CHAPTER VI 
LEVY OF BETTERME

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