The Chhattisgarh Rajmarg Adhiniyam, 2003

(i) This Act may be called the Chhattisgarh State Rajmarg Adhiniyam, 2003. (ii) It shall extend to whole of the Chhattisgarh State (iii) It shall come into force on such date as the State Government may, by notification in the official Gazette appoint.

In this Act, unless the context otherwise requires,— (a) “Appointed day” means the date on which this Act comes into force; (b) “Bridge” includes a culvert, causeway, subway, bridge, tunnel and other structure to which this Act applies or may be extended; (c) “Building line” means a line on either side of any State Highway or part of a State Highway as may be fixed by the Highway Authority; (d) “State Highway” means any road declared as a State Highway under Section 3 of this Act; (e) “Highway Authority” means the Highway Authority specified under Section 12 of this Act; (f) “Improvement” with respect to any State Highway includes all or any of the following matters, namely:— (i) the upgradation of a State Highway to a higher standard; (ii) the widening of a State Highway; (iii) the provision of amenities for the travellers; (iv) the construction of by-pass; (v) the construction of under-bridges and over-bridges; (vi) the surface improvements; (vii) the provision of traffic signals; (viii) any other work considered necessary for the development of State Highway; (g) “Land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth; (h) “Owner” in relation to any land or building includes any person for the time being receiving or entitled to receive the rent of any land or building whether on his own account or as agent or trustee for any person or society or as a Receiver or who would so receive the rent if the land or building were let to a tenant; (i) “Prescribed” means prescribed by rules made under this Act; (j) “Road” means a road or way whether a thoroughfare or not and any road carriage way, footway, pavement, bridge or drain and includes the verge and the land within the boundaries of the road, and all boundary stones, milestones, direction posts, drains and other appurtenances of such road; (k) “Traffic” includes all animals, pedestrians and vehicles of every description/type; (l) “Year” means the financial year; (m) “Control line” means a line on either side of a State Highway or part of a State Highway beyond the building line as may be fixed by the Highway Authority; (n) “Standard width” in relation to any State Highway means the width of the land required for the development of the State Highway as may be specified by the Highway Authority; (o) “Competent Authority” means any person or authority authorised by the State Government by notification in the Official Gazette to perform the functions of the Competent Authority under this Act. 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, 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 thereof, by a notification issued under Sub-Section (1) of Section 12. (d) "Collector" means the Collector of a district and includes any officer specially appointed of the State Government to perform the functions of a Collector under this Act. (e) "Control line" means a line on either side of any highway or part of a highway beyond the building line fixed inrespect of such highway or part by a notification under sub-section(1) of section 12. (f) "Court" means a principal Civil Court of original jurisdiction, unless the State Government has appointed a special judicial officer within any specified local limits to perform the functions of Court under this Act : (g) "Competent authority" means the State Government or a local authority or any officer of the State Government or local authority as notified by the State Government as-such authority to sanction the construction or repair of a Highway ; (h) "to erect" with its grammatical variations in relation to a building means to construct, reconstruct, extend or alter structurally a building. (j) "excavation" in relation to any piece of land does not include any workings which do not pierce the surface of that piece of land : but includes well and tanks; (k) "encroachment" means occupation of any highway or a part thereof and includes:- (i) the erection of a building or any other structure, balconies, porches, chhajjas or projections on or overhanging the highway land; (ii) occupation of highway beyond the prescribed period, if any, for stacking building materials or goods of any other description for exhibiting articles for sale or erecting poles, awnings, tents, pandals and other similar erection or for parking vehicles or stabling domestic animals or for any other purposes, and (iii) excavation of embankments of any kind made or extended on any highway land. (l) "highway" means any road or way over which the public have a right of way or are granted access and which is declared to be a highway under section 3. The expression includes :- (i) any land acquired or demarcated with a view to construct a highway along it ; (ii) the slopes, berms, borrowpits, footpaths, 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 trees, fences, posts, boundary, furlong and kilometre stones, and other highway accessories and material and material stacked on the road or way ; (m) "highway authority" means the authority appointed as such or to which the functions of such authority are entrusted under section 4 ; (n) "highway boundaries" means the boundaries of a highway fixed, in respect of such highway, by notification issued under sub-section (1) of section 12 ; (o) the expression "land", "person interested" and "person entitled to act" used in this Act shall have the same meaning as the said expression have in the land acquisition Act, 1894 (p) "occupier" includes :- (i) any person who for the time being is paying or is liable to pay to the owner rent or any portion of the rent of the premises in respect of which such rent is paid or is payable ; (ii) an owner living in or otherwise using his premises ; (iii) a rent free tenant ; (iv) a licensee in occupation of any premises ; and (v) any person who is liable to pay to the owner damages for the use and occupation of any premises ; (q) "Owner" means :- (a) when used with reference to any premises, the person who receives the rent of the said premises or who would be entitled to receive the rent thereof if the premises were let and includes ; (i) an agent or trustee who receives the rent of, or is entrusted with or concerned for, any premises devoted to religious or charitable purposes ; (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, sequester or manager appointed by any Court of competent jurisdiction ; and (iv) a mortgagee-in-possession ; (b) when used with reference to an institution or body corporate, the manager of institution or body corporate ; (r) "prescribed" means prescribed by rules made under this Act. (s) "Public place" means a road, street, way or other place whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a public vehicle; (t) "Public vehicle" means any vehicle used or adapted to be used for the carriage of passengers or goods for hire or reward. (u) "means of access" includes any means of access, whether private or public, for vehicles or for foot passengers and includes any street ; (v) "middle of highway" means the point halfway between the highway boundaries ; (w) "survey" includes all operations incidental to the determination, measurement and record of a boundary or boundaries or any part of boundary and includes resurvey ; (x) "survey mark" means any mark or object erected, made, employed or specified by a survey officer to indicate or determine or assist in determining the position or level of any point or points ; (y) "survey officer" means any person appointed to be a survey officer under this Act. In the Chhattisgarh Rajmarg Adhiniyam, 2003, for section 3, the following shall be substituted, namely :- (i) construct offices, guest house and other buildings necessary for discharge of its functions; (ii) establish and maintain wayside amenities in or near the highways vested in, or entrusted to it; (iii) lease, sub-lease or licence the wayside amenities or the land, to any other entites, required for construction and/or operation, on such terms and conditions as the State Government may approve; (iv) develop and provide consultancy and construction services in India and abroad and carry on research activities in relation to the development and operation of highways or any facilities therein; (v) form one or more legal entities duly registered under relevant law to further the efficient discharge of the functions imposed on it by this Act; (vi) collect toll under section 11 on behalf of the State Government, upon such other fees on such terms and conditions as may be prescribed; (vii) perform functions of highways; (viii) safety of users; (ix) road safety standard and procedures; (x) generally for the efficient and proper operation of highways.

In this Act, unless the context otherwise requires,— (a) “State Highway” means any road which is declared as State Highway under the Act; (b) “State Government”; (c) “Prescribed”; (d) “Notification”; (e) “Revenue Officer”; (f) “Collector”; (g) “Highway Authority”. The State Government may, by notification in the official Gazette, declare any road, way or land to be a highway and classify it as :-\n(i) an express highway,\n(ii) a state highway,\n(iii) a major district road,\n(iv) other district road,\n(v) a village road.

The State Government may, by notification, declare any road as a State Highway. On such declaration, the road shall be known as the State Highway. All rights and liabilities in respect of the State Highway shall vest in the State Government. The State government may, by notification in the official Gazette, appoint for the purposes of this Act or any of the provisions, officials of the State Govt. or any Authority to be a Highway Authority for all the Highways in the State or in part of the State or for any other particular Highway or Highways in the State, specified in the notification.

The Highway Authority shall be responsible for the maintenance, management, and control of the State Highway. It shall ensure the safety of the users and proper regulation of the traffic on the highway in accordance with the provisions of this Act. 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 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 for a Highway Authority to undertake the construction, maintenance, development or improvement of highways.

(1) The Highway Authority shall have the power to regulate the use of the State Highway and to prevent any unauthorized encroachment. (2) The Highway Authority may enter any land for the purpose of survey or construction, subject to providing compensation as per the Land Acquisition Act, 1894. (1) The Highway Authority or any officer not below the rank of Sub-Engineer of Public Works Department or local body or any person authorised by the Highway Authority in this behalf may for the purpose of carrying out any of the provisions of this Act:-\n(a) enter upon any land along with his workmen and survey and take measurements and levels on it;\n(b) mark such levels, dig or bore into the subsoil and do all other acts necessary to ascertain whether the land is suitable or not;\n(c) set out the boundaries of the proposed Highway by placing marks and cutting trenches;\n(d) cut down and clear any part of standing crop, fence etc. where otherwise survey cannot be completed and the levels taken and the boundaries marked and;\n(e) do all other acts necessary in this behalf.\nProvided that no person shall enter into any building or any closed court of garden attached to a dwelling house or cut down and clear any part of standing crops, fence etc. without the consent of the occupier thereof or without giving such occupier at least fifteen days notice in writing of his intention to do so.\n(2) The Highway Authority or the authorised official shall, at the time of such entry pay or tender payment for all necessary damages to be done as aforesaid, and in case of dispute as to the sufficiency of the amount so paid or tendered, shall within a period of seven days, refer the dispute and deposit offered amount if not accepted, for the decision to the Collector of the district and his decision shall be final.

(1) No person shall make any encroachment on the State Highway. (2) If any person makes an encroachment, the Highway Authority shall issue a notice to remove such encroachment within the specified period. (3) If the person fails to comply with the notice, the Highway Authority shall remove the encroachment and recover the cost from the person. (1) The Highway Authority of its own accord or if expressly requested by the Competent Authority shall, subject to the other provisions of this Act and subject to such rules as may be framed by the State Government for this purpose, prepare and submit to the Competent Authority for sanction, a detailed scheme for the construction of a new highway or the improvement of, or repairs to an existing one.\n(2) Such a scheme may provide for:-\n(a) the acquisition of any land, which in the opinion of the Highway Authority is considered necessary for its execution;\n(b) the demarcation and for preparation of layouts of all or any of the lands so acquired for different purposes;\n(c) the diversion or closure of any existing highway or a section of such highway;\n(d) the construction or reconstruction of the roadway including its widening, levelling, surfacing, bridging, sewering, draining, watersupply and street lighting arrangements and planting of road side trees;\n(e) the laying out of footpaths, cycle tracks and special traffic lanes for any kind or class of vehicles, the designing and setting of parking bays and petrol filling and service stations and other road side amenities, the location of advertisement posts and bill boards; and\n(f) the layout of access roads at suitable distance connecting the highway or the proposed highway with the adjoining properties.\n(g) Provision for plantation should be made on both sides of the road, -\n(i) Responsibilities for the maintenance of plants/trees may be given to the Department /local authorities or Public Committee as the case may be.\n(ii) No one should cut/uproot any plant or tree lying within road boundary.\n(iii) Whoever contravenes any provision of this clause shall be punished with fine, which may extend to Rs. 5,000/- per tree, but not less than Rs. 1,000/- per tree by the Competent Authority which may be declared by State Government. The vehicle carrying the corpus of such tree shall be seized and may be confiscated.\n(iv) In case the plantation and maintenance of the plants/trees is done by the local persons/societies, such local persons/societies shall have usufruct right over them.

The Highway Authority may regulate access to the State Highway from any adjoining land. No person shall construct any drain, road, or structure that obstructs the highway without prior permission. When the Competent Authority has sanctioned the Highway schemes prepared in pursuance of section 7 and arranged the necessary finances for its execution, the Highway Authority shall proceed to carry out the work and may for this purpose:-\n(a) enter into and perform all such contracts on behalf of the competent Authority as may be considered necessary;\n(b) make arrangements for the acquisition of the lands required under the scheme by out right gift or purchase by agreement, with the owner or owners, or, failing such agreement, by resort to the provision of the Land Acquisition Act, 1894, as amended from time to time.\n(c) turn, divert or close either temporarily or permanently any existing highway or portion thereof; and\n(d) regulate subject to such rules as may be prescribed in this behalf, the kind, number and speed of vehicles using any highway or portion thereof by means of barrier, diversion roads or other means.

(1) No person shall plant trees or erect any structure on the State Highway without the written permission of the Highway Authority. (2) Any damage caused to the highway shall be recovered from the person responsible. (1) The highway Authority shall maintain authoritative plans for the Highways in its charge;\n(2) Such plans shall show clearly the boundaries of the highway, the detailed measurements of road widths, the distance between boundary marks and measurements from fixed points to enable the refixation of the position of boundary marks, in case they have been displaced or tampered with;\n(3) The Highway Authority shall have all such authoritative plans prepared after having a survey made of the highway and their boundaries in the manner prescribed. (1) The highway Authority shall maintain authoritative plans for the Highways in its charge; (2) Such plans shall show clearly the boundaries of the highway, the detailed measurements of road widths, the distance between boundary marks and measurements from fixed points to enable the refixation of the position of boundary marks, in case they have been displaced or tampered with; (3) The Highway Authority shall have all such authoritative plans prepared after hailing a survey made of the highway and their boundaries in the manner prescribed.

(1) The Highway Authority may enter any land or building for the purpose of repair, inspection, or survey of the highway. (2) The Authority shall provide reasonable notice before entering any private property. (1) The Highway Authority shall have the boundaries of the Highways in its charge demarcated with reference to the authoritative plans maintained by it, by planting stones or by other suitable marks of a durable nature i.e. R.C.C. boundary stones as per I.R.C. code at intervals all along the highway in such a manner that the imaginary line joining such stones or mark shows the road boundary correctly.\n(2) Where there are bends or kinks 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;\n(3) The boundary stones are marked, which may be given consecutive numbers, shall be maintained on the ground as if they constitute part of the Highway. (1) The Highway Authority shall have the boundaries of the Highways in its charge demarcated with reference to the authoritative plans maintained by it, by planting stones or by other suitable marks of a durable nature i.e. R.C.C. boundary stones as per I.R.C. code at intervals all along the highway in such a manner that the imaginary line joining such stones or mark shows the road boundary correctly. (2) Where there are bends or kinks 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 are marked, which may be given consecutive numbers, shall be maintained on the ground as if they constitue part of the Highway.

(1) No person shall construct any building or structure within the restricted area of the State Highway without permission. (2) If such construction is deemed hazardous to traffic, it shall be removed. (1) It shall be the duty of the Highway Authority to ensure that no part of the Highway is encroached upon and for this purpose shall conduct regular checks of the boundaries of the Highway in its charge with a view to locating encroachments if any;\n(2) When an encroachment has been made on highway, the Highway Authority shall take immediate steps as specified in section 33 for the removal thereof. (1) It shall be the duty of the Highway Authority to ensure that no part of the Highway is encroached upon and for this purpose shall conduct regular checks of the boundaries of the Highway in its charge with a view to locating encroachments if any; (2) When an encroachment has been made on highway, the Highway Authority shall take immediate steps as specified in section 33 for the removal thereof.

After section 11 of the principal Act the following shall be inserted, namely :- 11-A. Levy of user fee as may be notified by the State Government through Notification in the Official Gazette and it shall be duty of the owner or occupier of a vehicle to render such fee.

(1) Any person who contravenes the provisions of this Act or rules made thereunder shall be liable for a penalty. (2) The Highway Authority may impose fines for any unauthorized obstruction or damage to the State Highway. (1) Notwithstanding anything contained in this Act, the State Government may enter into an agreement with any person in relation to the development and maintenance of the whole or any part of a State Highway. (2) Notwithstanding anything contained in sub-section (1), any person with whom an agreement has been entered into under sub-section (1), may collect and retain fees at such rate, for such period and in such manner as may be notified by the State Government from any person who uses the State Highway or any part thereof for the purpose of the agreement, for– (a) the use of the State Highway or any part thereof; (b) the use of any other facility or service provided by such person; or (c) the right to enjoy the benefits of development and maintenance of the State Highway or any part thereof. (3) The State Government may, by notification, appoint any person as the enforcement officer for the purpose of ensuring the compliance of the provisions of the agreement in accordance with the rules notified for this purpose. (4) Notwithstanding anything contained in sub-section (2), the enforcement officer appointed under sub-section (3) shall have the power to penalize the user of the State Highway or any part thereof, who fails to pay or refuses to pay the fees prescribed under sub-section (2) in accordance with the agreement entered into under sub-section (1) or the rules made therein, by imposing such penalty as may be prescribed: Provided that, no penalty shall be imposed unless the person has been given a reasonable opportunity of being heard. (5) If any person fails to pay the fees or penalty imposed under this section, it shall be recovered as an arrear of land revenue. (1) In any area in which the provisions of this Act have been brought into force and-- (a) where any roadway or land has been declared to be a highway under this Act;or (b) where the construction or development of a highway is under taken; the State Government may, by notification in the official Gazette, fix in respects to such Highways the Highway boundaries, the building line and the control line; Provided that having regard to the situatiln as the require-men! of a Highway or the condition of the local area through which a highway passes, it shall be lawful for the state Government, - (i) to fix different building line or control line or (ii) not to fix building line or control line, - 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 Gazatte, and in the prescribed manner in the village and at the head quarters of the tehsil and the district in which the highway is situated, a notification which shall state the following- (a) intention to issue to notification under subsecUon 1 (b) the details all the land situated between the Highway boundary & the building line and between the building line and the control line and the control line proposed to be fixed. (c) invitation of objection or suggetion in writing to highway authority appeared in person before such authority in respect such of notification within a period of one month of the publication of the notification in the official Gazette or within fifteen days from the date of the publication of the notification in the village, which ever 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 may think necessary, forwarded to the state Government a copy of the record at the 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 filling or hearing of objections or suggestion, no objection or suggestion has been made, the State Government shall proceed 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 a notification under Sub-Section (1), or (b) issue the notification under Sub-Section(1) with such modification, if any, as it may think fit, (5) In considering the objections or suggestion, the decision of the State Government on the question of issuing the notification under, sub-section (1) shall be final and conclusive.

No person shall use the State Highway or any part thereof for the purpose of any activity or business or for any other purpose which the State Government may, by notification, from time to time, specify, without obtaining a prior permission from the authorized officer and in accordance with the terms and conditions prescribed for the same. Within two months from the date of publication of the notification under sub-section (1) of section 12 fixing the Highway boundary, building line and control line with respect to any Highway, the Authority shall cause a map to be made showing the alignment of the Highway, the Highway boundaries, building and control line and any other particulars necessary for the purpose of the Act and within one month from the date of making any alteration or addition there to, 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 Highway Authority. Such map, which shall bear the seal of the Highway Authority, shall be open to inspection. Copies of such map shall be made available to any person on payment of prescribed fees. Within two months from the date of publication of the notification under sub-section (1) of section 12 fixing the Highway boundary, building line and control line with respect to any Highway, the Authority shall cause a map to be made showing the alignment of the Highway, the Highway boundaries, building and control line and any other particulars necessary for the purpose of the Act and within one month from the date of making any alteration or addition there to, 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 Highway Authority. Such map, which shall bear the seal of the Highway Authority, shall be open to inspection. Cop:es of such map shall be made available to any person on payment of prescribed fees.

Where the authorized officer is satisfied that any person has made any encroachment on the State Highway or any part thereof, the authorized officer may order the removal of such encroachment within the period specified in the notice issued for this purpose. 1. Notwithstanding the provision of the Chhattisgarh State in this regard no permission for diversion of argicultural land for non agricultural purposes shall be given in the area of the land lying between the Highway boundary and control lines without the prior sanction of the Collector of the district and subject to any general or special direction of the State Government. 2. Notwithstanding any thing contained in any law, custom, agreement or instrument for the time being inforce, on or after the appointed day, the following restrictions shall, subject to the provision of this Act, be inforce 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 building line, proposed to be fixed under section (2) or fixed under sub-Section (1) of section 12, as the case may be,- (i) construct, form or layout any means of access to or form Highway; or (ii) materially after any existing building; or (iii) make or extend any excavation, or (iv) erect any building, or (v) construct, form or layout 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 12, as the case may be,- (i) construct, form or layout any means of access to or form a Highway, or (ii) erect any building, or (iii) materially alter any existing building, or (iv) make or extend any excavation, or (c) use any building or alter the use of any building already erected in a manner, which will, in any manner whatsoever, infringe any of the provisions of this Act or interfere with use of a highway adjoining the land on which such building is erected. (1) Notwithstanding the provision of the Chhattisgarh State in this regard no permission for diversion of argicultural land for non agricultural purposes shall be given in the area of the land lying between the Highway boundary and control lines without the prior sanction of the Collector of the district and subject to any general or special direction of the State Government. (2) Notwithstanding any thing contained in any law, custom, agreemen! or instrument fo'r the iime being inforce, on or after the appointed day, the following restrictions shall, subject to the provision of this Act, be inforce 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 building line, proposed to be fixed under section (2) or fixed under sub-Section (1) of section 12, as the case may be,- (i) construct, form or layout any means of access to or form Highway; or (ii) materially after any existing building; or (iii) make or extend any excavation, or (iv) erect any building, or (v) construct, form or layout 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 12, as the case may be,- (i) construct, form or layout any means of access to or form a Highway, or (ii) erect any building, or (iii) materially alter any existing building, or (iv) make or extend any excavation, or (c) use any building or alter the use of any building already erected in a manner, which will, in any manner whatsoever, infringe any of the provisions of this Act or interfere with use of a highway adjoining the land on which such building is erected. (3) Every person desiring to obtain pemiission under subsection (1) shall make an applicatiqn in writing to the Highway Authority in such fomi and containing s1,1ch 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. (4) 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; (i) Permission under clause (a) of sub-section (1) to the making of an excavation or construction, formation or laying out of works in land for the purpose of repairing, renewing, enlarging or maintaining an underground sewer, drain,electric line, pipe duct or other apparatus shall not be with held nor be made subject to any conditions save such as may be necessary for securing that such sewer, drain, electric line, pipe, duct or other apparatus shall be laid in such manner and such levels that the construction, development or maintenance of a road thereover will not be prevented or prejudicially affected thereby; (ii) Permissin under clause (a) of sub-section (1) to the erection or alteration of a building or the making or extending of any excavation which confomi to the replacements of public health, welfare and safety and convenience of traffic on the adjoining road shall be neither withheld nor made subject to unreasonable conditions; (iii) Permission under clause (b) of sub-section (1) to the reeredtion or alteration of a building which was in existance before the appointed day, shall be neither withheld not made subject to restructions unless such recrection or alteration involves any material alteration to the outside reappearance of the building. (5) If such permission is refused the reasons therefore, shall be recorded and communicated to the applicant; Provided that nothing therein contained shall debar a person from making a fresh application after omitting there from the objectionable features communicated to him as aforesaid on account of which such permission was refused. (6) Whenever an application for permission under the provision to sub-section (5) has been made to the Highway Authority it shall be obligatory for the Highway Authority to dispose of the same within a period of three months. (7) The Highway Authority shall maintain a register with sufficient particulars of all permissions given or refused by it under this section and such register shall be available for inspection free of charge by all persons interested and such persons shall be entitled to take extracts thereform. Explaination :- For the purpose of this section, "appointed day" shall with reference to any Highway boundary, Line or control line, mean- (i) the day on which the notification is published in the official Gazette under sub-section (2) of section 12 proposing to fix such highway boundary, building line or control line ; and (ii) if any modification is made in such highway boundary, building line or control line, the day on which the notification is published undersub-section 1 of section 12 fixing such highway boundary, building line or control line

(1) If any person causes any damage to the State Highway or any part thereof, the authorized officer may, after holding such inquiry as he deems fit, order such person to pay the cost of such damage within the period specified in the order. (2) If such person fails to pay the cost of damage within the specified period, the authorized officer may recover the same as an arrear of land revenue. (1) If any applicant is aggrieved by any decision of the Highway Authority under section 14, withholding permission or imposing any condition, he may transfer an appeal to the State Government or any authority to be notified by the State Government within thirty days from the date on which such decision was communicated to him. (2) The authority hearing the appeal may, after giving an opportunity to the appellant to be heard, pass such order as it may think fit and the decision of such authority shall be final. An appeal shall be disposed of within 30 days from the date of filing.

Any person aggrieved by an order passed by the authorized officer under Section 14 may prefer an appeal to the appellate authority within the period and in the manner prescribed. No restriction enforce under section 14 shall apply to any excavation or work 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 the which the restrictions came ir:ito force or with the consent of the Highway Authority on or after that date.

No suit, prosecution or other legal proceedings shall lie against the State Government or any officer of the State Government for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. If any'b/uilding or any part thereof erected before the appointed day referred to in section- 14 lies between the building line and the middle of a highway, the Highway Authority may, whenever any such building or part thereof has either entirely or in greater part, been taken down, burnt down or fallen down by notice, require such building or part thereof, to be set back to the building line or control line.

(1) The State Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters for which rules may be or are required to be made under this Act. (3) All rules made under this Act shall, as soon as may be after they are made, be laid before the State Legislative Assembly. (1) The Highway Authority may, by notification in the Official Gazette, declare that for the safety of traffic or for the convenience of public, no person shall use any land lying between the highway boundaries for any purpose, other than the purpose of agriculture, for such period as may be specified in the notification. (2) If the Highway Authority is satisfied that it is necessary in the public interest, it may, by order, permit the use of such land for any other purpose subject to such terms and conditions as may be specified in the order. (3) The Highway Authority may, at any time, withdraw the permission granted under sub-section (2) and direct the person concerned to discontinue the use of such land for any purpose other than the purpose of agriculture or to restore the land to its original condition within such time as may be specified in the order. (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 highway across the land lying between the control line and the highway boundary. Provided that any existing right of access shall not be diverted until alternative access has been given. (2) where any 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.

(1) The provisions of the Land Acquisition Act, 1894 shall, so far as may be, apply for the acquisition of land for the purposes of this Act. (2) Notwithstanding anything contained in sub-section (1), the provisions of Sections 35, 36 and 37 of the Land Acquisition Act, 1894 shall, so far as may be, apply for the purpose of temporary occupation of land for the purposes of this Act. (1) No person shall encroach upon the highway land without the written permission of the Highway Authority. Any encroachment made in contravention of this section shall be liable to be removed in accordance with the provisions of the Land Acquisition Act, 1894 (Act No. 1 of 1894). (2) The Highway Authority may, after giving an opportunity of being heard to the person concerned, order the removal of any encroachment and recover the expenses, if any, incurred for such removal from the person concerned as arrears of land revenue under the provisions of the Land Acquisition Act, 1894 or any other law for the time being in force. (1) At any time, on the application of the Highway Authority, the State Government may arrange land within the provision of the Land Acquisition Act 1894 (Central Act 1 of 1894), as amended time to time. (2) In case of urgency, whenever it appears to the State Government that the land is required for temporary occupation by the Highway Authority, it may derect the Collector to procu~ the occupation and use of the same for the Highway Authority as per provisions contained in section 35,36 and 37 of the land Acquisition Act, 1894 (Central Act 1 of 1894) (1) At any time, on the application of the Highway Authority, the State Government may arrange land within the provision of the Land Acquisition Act 1894 (Central Act 1 of 1894), as amended time to time. (2) In case of urgency, whenever it appears to the State Government that the land is required for temporary occupation by the Highway Authority, it may derect the Collector to procure the occupation and use of the same for the Highway Authority as per provisions contained in section 35, 36 and 37 of the land Acquisition Act, 1894 (Central Act 1 of 1894)

(1) The Highway Authority may, by notice in writing, require the owner or occupier of any building or structure unauthorisedly erected on or projecting over the highway land to remove such building or structure within such time as may be specified in the notice. If the owner or occupier fails to comply with the notice, the Highway Authority may cause such building or structure to be removed and recover the cost of removal from the owner or occupier as arrears of land revenue. (2) If the owner or occupier of any such building or structure fails to remove it in compliance with the notice under sub-section (1), the Highway Authority may approach the competent authority as defined under the Land Acquisition Act, 1894 (Act No. 1 of 1894) for the enforcement of the order and the recovery of costs or penalties as provided therein. (1) If at any time, on the request of the Highway Authority, the State Government is satisfied that any right or interest of any person in any land be extinguished for the purposes of a Highway and such extinguishment does not amount to acquisition of land as specified in the land Acquisition Act, 1894 (Central Act 1 of 1894), the State Government shall cause a public notice to be given by position at a prominent place on or near the land or by publication in two daily newpapers having circulation in the locality of which one shall be in the Hindi language, stating that the State Government intends to extinguish any right or interest in the land and that all claims to compensation for such right or interest to be extinguished may be made to the Collector. (2) The notice to be given under sub-section(1) shall state the particulars of the right or interest in the land to be extinguished and shall require all persons having such right of interest to appear personally or by agent before the Collector on a day not either than fourteen days after the publication of such notice. (3) Nature of the rights or interests in the land to be extinguished, the amount and particulars of claim to the compensation and the objections, if any may be required to be stated in writing. (1) If at any time, on the request of the Highway Authority, the State Government is satisfied that any right or interest of any person in any land be extinguished for the purposes of a Highway and such extinguishment does not amount to acquisition of land as specified in the land Acquisition Act, 1894 (Central Act 1 of 1894), the State Government shall cause a public notice to be given by position at a prominent place on or near the land or by publication in two daily newpapers having circulation in the locality of which one shall be in the Hindi language, stating that the State Government intends to extinguish any right or interest in the land and that all claims to compensation for such right or interest to be extinguished may be made to the Collector. (2) The notice to be given under sub-section(1) shall state the particulars of the right or interest in the land to be extinguished and shall require all persons having such right of interest to appear personally or by agent before the Collector on a day not either than fourteen days after the publication of such notice. Nature of the rights or interests in the land to be extinguished, the amount and particulars of claim to the compensation and the objections, if any may be required to be stated in writing.

Any person who contravenes the provisions of this Act or any order or direction issued thereunder shall be liable to be punished with: (a) Fine for contravention of Section 12; (b) Fine for contravention of Section 14; (c) Fine for contravention of Section 11; (d) Fine for contravention of Section 18 regarding unauthorized entries or construction. (1) In determining the amount of compenstion for extinguishment of right or interest, the Collector shall take into consideration the damage sustained due to :- (a) the fixation of cont/cl line under section 12 ; (b) the imposition of restrictions under section 14 ; (c) the setting back of any building or part thereof under section 17; (d) the regulation or diversion of any right of access to a highway under sect,on 18 (2) Notwithstanding anything contained in sub-section (1), no compensation shall be claimed or awarded if the land is subject substantially to similar restrictions under some other law, for the time being enforce, as are imposed under this Act. (3) No compensation shall be awarded for extinguishament of any right or interest in land to any person, if compensation in respect of the same restrictions as are imposed under this Act, has already been paid under any other law in respect of the land, to the claimant or to predecessor in interest of the claimant. (1) In determining the amount of compenstion for extinguishment of right or interest, the Collector shall take into consideration the damage sustained due to :- (a) the fixation of cont/cl line under section 12 ; (b) the imposition of restrictions under section 14 ; (c) the setting back of any building or part thereof under section 17; (d) the regulation or diversion of any right of access to a highway under section 18 (2) Notwithstanding anything contained in sub-section (1), no compensation shall be claimed or awarded if the land is subject substantially to similar restrictions under some other law, for the time being enforce, as are imposed under this Act. (3) No compensation shall be awarded for extinguishament of any right or interest in land to any person, if compensation in respect of the same restrictions as are imposed under this Act, has already been paid under any other law in respect of the land, to the claimant or to predecessor in interest of the claimant.

(1) No person shall have access to a highway from any private land or property unless permitted by the Highway Authority and subject to such terms and conditions as may be prescribed. (2) The Highway Authority may, for the purpose of safety and convenience of traffic, regulate the access points to the highway and may, by order, direct the closure or modification of any access point that it deems necessary in the interest of the public. (1) On the day so fixed, or on any other day to which the enquiry has been adjourned, the Gollector shall give claimant or claimants an oportunity of being heard in person or by any person authorized by him in this behalf or by a pleader and shall, after hearing all the claim's and after making such further enquiry, if any, as he thinks necessary, determine the amount of compensation in respect of the damage and the determination so made by the Collector in the prescribed manner shall be final: (2) The Collector shall make an order of determination of compensation under sub-section (1) within a period or six months from the date of application. The provision of section 23 of the land Acquisition Act may also be taken into consideration while determining the compensation amount. Provided that, no such determination of compensation shall be made by the Collector under this sub-section without the previous approval of State Government or such other officer, as the State Government may authorise in this behalf ; Provided further that the Collector may make an order of the determination of compensation without such approval in such class or cases as the State Government may specify in this behalf;

Whenever an order under sub-section (1) of section 22 is passed, the Collector shall tender payment of compensation determined by him to the persons entitled there to. If any person entitled to receive the compensation does not consent to receive it or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of compensation in the Court to which a reference under section 24 would be made : Provided that any person admitted to be interested may receive such payment under protest Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 24. Provided also, that nothing contained shall affect the liability of any person who may receive the whole or any part of compensation determined under this Act to pay the same to the person lawfully entitled thereto.

Any person who has not accepted the order awarding compensation may, within a period of forty five days from the date of order by written application to the Collector, require that the matter be refered by the Collector for the determination of the Court, whether his objection be to the measurement, the amount of compensation the persons to whom it is payable or the appointment of the compensation among the person interested.

The Highway Authority shall ensure adequate safety measures on the highway, including: (a) Provision of signs; (b) Management of traffic flow; (c) Compliance with Section 22 orders; (d) Restrictions on heavy or unauthorized vehicles; (e) Any other necessary action in the interest of public safety. The Collector shall, in making the such a reference forthwith the following information to the Court- (a) the situation and extent of claim, with particulars of any building structure etc ; (b) the names of persons whom he has reason to believe are intersted in the claim ; (c) the amount of compensation determined under section 22 ; (d) the amount paid or deposited under section 23, and (e) if the objection be to the amount of compensation. the grounds on which the amount of compensation was determined.

All inquiries under this Act shall be conducted by the appropriate authority in accordance with principles of natural justice, ensuring fair hearing to affected parties. On receipt of reference the Court shall cause a notice, to be served on the following persons, specifying the day on which the Court shall proceed to determine the objection and directing their appearance before the Court on the specified day, namely:- (a) the applicant (b) all persons interested except such of them as have consented without protest to receive payment of the compensation ; and (c) the State through Collector, if the objection is in regard to the amount of compensation.

Authorized officers may enter any premises or land adjoining the highway for the purpose of inspection, survey, or to enforce the provisions of this Act, subject to specific guidelines. The scope of the enquiry in which such proceding shall be restricted to the consideration of the interests of persons affected by the objection.

Authorized officers may enter any premises or land adjoining the highway for the purpose of inspection, survey, or to enforce the provisions of this Act, subject to specific guidelines. The scope of the enquiry in which such proceding shall be restricted to the consideration of the interests of persons affected by the objection.

In matters pertaining to the implementation of this Act, the provisions of the Code of Civil Procedure, 1908 (Act No. 5 of 1908) shall apply where applicable. Every award of compensation by the court under this section shall be in writing signed by the judge, and shall specify the amount awarded and every such award shall be deemed to be a decree and the statement of grounds of every such award, a judgement within the meaning of section 2, clause(2) and section 2 clause(9) respectively, of the court of civil procedure, 1908 (5 of 1908)

No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Highway Authority is empowered by or under this Act to determine. The court shall while deciding every reference, also state the amount of costs incurred in the proceeding's before if and by what persons and proportions they are to be paid : Provided that, when the award of the collector is not up held, the cost shall ordinarily be paid by the Collector unless the Court is of the opinion that the claim of the applicant was so extravagant or he was negligent in putting his case before the Collector so that some deduction from his costs should be made or that he should pay a part of collectors cost.

No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of the Highway Authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. If the court award a sum in excess of the sum awarded as compensation by the Collector, the Court may direct that an interest on such excess amount at the rate of 7 percentum per annum from the date of which the rights on interest over such land were extinguish under the provision of section 23 to the date of payment of such excess shall be paid into the Court.

All notifications, orders or regulations issued under this Act shall be published in the Official Gazette and given wide publicity in the area concerned. All lands forming part of highway, which do not already vest in the State Government, but certain rights and interest therein have been extinguished under the provision of section 23 shall for the purpose of this chapter, be deemed to be the property of the State Government.

(1) No person shall occupy or encroach upon any highway within the highway boundaries. (2) No right shall accrue to any person over any part of any highway by way of adverse possession.

(1) The State Government may, by notification, make rules to carry out the purposes of this Act. (2) Every rule made under this Act shall be laid before the State Legislature as soon as may be after it is made. (3) Any contravention of the rules made under this Act shall be punishable with fine as specified. (1) Notwithstanding anything contained in any other law for the time being in force, if the State Government is of the opinion that it is necessary or expedient in the public interest so to do, it may by notification, declare any State Highway or any portion thereof to be a controlled area for the purposes of this Act. (2) The State Government may, by notification, declare any area situated within a distance of 60 meters on either side of the State Highway as a controlled area. (3) If the State Government is satisfied that it is necessary or expedient in public interest to do so, it may, by notification, extend the limits of the controlled area specified in sub-section (2) further: Provided that such extension shall not exceed 100 meters on either side of the State Highway. (4) The State Government may, by notification, permit the development of any land within the controlled area subject to such terms and conditions as may be prescribed. (1) When as a result of checking of the highway boundaries or otherwise it is found that an encroachment has taken place on a highway, the Highway Authority or any officer authorised in this behalf shall serve a notice on a person responsible for the encroachment or on his representative requiring him to remove such encroachment and restore the land to its original condition as it existed before the such 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 is to be removed and shall also state that the failure to comply within the period specified therein will render the person liable to prosecution and also to summary eviction. (3) If the encroachment is not removed within the period specified in the notice and no valid cause is shown for noncompliance, the Highway Authority or the authorised officer referred to in sub-section(1) may request in writing to the Collector to remove the encroachment and thereupon the collector shall take action for summary eviction as if the matter falls within the scope of section 60. (4) 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 on the safety of any structure forming part of the highway and no notice can be served immediately on the person responsible for the encroachment or his representative under sub-section(1) owing to his absence or for any other reason, the Highway Authority or the authorised official may, in addition to prosecution of the person under sub-section (3), either:- (i) have such protective work as may be feasible at a reasonable cost carried out so as to minimise the danger to traffic on the highway, or (ii) have the encroachment removed with the help of the police, if necessary. (1) When as a result of checking of the highway boundaries or otherwise it is found that an encroachment has taken place on a highway, the Highway Authority or any officer authorised in this behalf shall serve a notice on a person responsible for the encroachment or on his representative requiring him to remove such encroachement and restore the land to its original condition as it existed before the such 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 is to be removed and shall also state that the failure to comply within the period specified therein will render the person liable to prosecution and also to summary eviction. (3) If the encroachment is not removed within the period specified in the notice and no valid cause is shown for noncompliance, the Highway Authority or the authorised officer referred to in sub-section(1) may request in writing to the Collector to remove the encroachment and thereupon the collector shall take action for summary eviction as if the matter falls within the scope of section 60. (4) 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 on the safety of any structure forming part of the highway and on notice can be served immediately on the person responsible for the encroachment or his representative under sub-section(1) owing to his absence or for any other reason, the Highway Authority or the authorised official may, in addition to prosecution of the person under sub-section (3), either:- (i) have such protective work as may be feasible at a reasonable cost carried out so as to minimise the danger to traffic on the highway, or (ii) have the encroachment removed with the help of the police, if necessary.

Subject to the provisions of sub-section (1) of Section 33, the State Government or any officer authorised by it shall have the power to prohibit, regulate and control the construction of any building, wall or other structure within the controlled area. Where the person to whom notice to remove an encroachment has been served under subsection (1) of section 33, claims that the land in respect of which encroachment has been alleged, is his property, he shall within the time limit prescribed in the notice for the removal of the encroachment, file an appeal before the Collector under intimation to the Highway Authority. The Collector shall, after due enquiry, record his decision in writing and communicate the same to the appellant and the Highway Authority.

(1) Save as provided in Section 33, no person shall use any land within the controlled area for any purpose other than the purpose for which it was being used on the date of notification under Section 33 without the permission of the State Government. (2) No person shall erect any building or make any construction or modification within the controlled area without the written permission of the State Government. (3) Any person desiring to obtain permission under sub-section (1) shall make an application to the State Government in such form and manner as may be prescribed. (1) Whenever the Highway Authority or any officer authorised under section 33 has removed any encroachment or carried out any protective work 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 statement of the expenditure incurrecj shall be served by the Highway Authority or the authorised officer referred to in sub-section(1) on the person responsible for the encroachment or his representative with a direction to pay the amount within a specified period to the authority mentioned therein. (3) The statement shall be accompanied by a certificate from the Highway Authority or the authorised officer referred to in sub-section(1) to the effect that the amount of expenditure indicated in the statement represents the charges incurred and such cerfificate shall be conclusive proof of the fact that the charges have actually been incurred. (4) The material, if any, recovered as a result of the removal of the encroanchment on payment of the amount with the specified period and if such payment is not made, the material may be auctioned and after deducting the amount due from the proceeds, the balance, if any, shall be made over to such person. (5) If the proceeds of the auction sale do not cover the total amount due, for the excess over the amount realised by the sal~ of material or if there is no material to dispose of and due amount has not been paid by the person responsible for the encroachment within the specified period the entire amount due shall be recovered from such person as an arrear of land revenue.

The provisions of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) shall apply to the controlled area as declared under Section 33 and the development plan prepared thereunder shall be binding. After the issuance of notice under section 19 and before the determination of amount of compensation under section 22, the Collector may enter in to an agreement, for settling the amount of compensation, including apportionment of such an amount among persons interested, with any person interested in the land wherein the rights and interests are sought to be extinguished for the purposes of the Highway. As and when such an agreement is concluded, the Collector shall intimate to the Highway Authority the fact of conclusion of an agreement with a certified copy thereof and thereafter the Collector shall stop further proceedings with regard to determination of the amount of compensation under section 22 and shall make payment to the person or person interested in accordance with the said agreement. Provided that no such agreement shall be conducted by the Collector under this section without the previous approval of the State Government or such other officer as the State Government may authorise in this behalf.

Any person aggrieved by an order passed under Section 33 may, within 60 days from the date of the order, prefer an appeal to the prescribed Appellate Authority. At the time of any entry, survey or measurement or doing to any of the things under section 6, the officer making the entry, survey or measurement or doing any other thing, shall prepare a detailed report of the damage 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 and forward it to the Collector for consideration at the stage of determination of compensation under section 22.

Any expenses incurred by the State Government in removing any structure built in violation of the provisions of this Act shall be recoverable from the person responsible for such construction as arrears of land revenue. If any person has unauthorisedly erected, re-erected, added or altered any building on any land, which is required for the purpose of a Highway, then any appreciation in the utility of the land from such erection, re-erection, addition or alteration shall not be taken into account for determining the amount of compensation under section 22.

Any person who contravenes the provisions of this Act or any order passed thereunder shall, on conviction, be punishable with such fine as may be prescribed. No compensation shall be payable for the removal of any encroachment.

Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence. 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 VII.

(1) If the State Government is satisfied that any building or structure has been constructed in violation of the provisions of this Act, it may, by order, direct the owner to remove or demolish such construction within a period of 30 days. (2) If the owner fails to comply with the order, the State Government may cause the construction to be removed or demolished and the cost shall be recovered from the owner. Where any work, which a Highway Authority is empowered to undertake under the provision of this Act, is undertaken, the officer authorised by the State Government in this behalf shall give notice to the persons known or believed to be the owners of, or interested in the land benefited by a work, requiring them to appear before him either personally or by an agent at a time and place therein mentioned (such time not being earlier than thirty days from the date of notice) and to state their objections, if any, to the imposition and recovery of betterment charges on such lands; Provided, that no such notice shall be given unless the Highway authority with the previous sanction of the State Government has declared that the value of such lands is likely to increase or has increased by reason of the construction of such work. Where any work, which a Highway Authority is empowered to undertake under the provision of this Act, is undertaken, the officer authorised by the State Government in this behalf shall give notice to the persons known or believed to be the owners of, or interested in the land benefited by a work, requiring them to appear before him either personally or by an agent at a time and place therein mentioned (such time not being earlier than thirty days from the date of notice) and to state their objections, if any, to the imposition and recovery of betterment charges on such lands; Provided, that no such notice shall be given unless the Highway authority with the previous sanction of the State Government has declared that the value of such lands is likely to increase or has increased by reason of the construction of such work.

No land within the controlled area shall be used for any construction without the prior permission of the State Government, subject to such conditions as may be specified. On the date fixed under section 41 or on such other date to which the inquiry may be adjourned, the officer authorised under section 41 shall, after holding a formal enquiry and after hearing the objections, if any, stated by the persons as required by notice under section 41, make an order. The order shall specify:- (a) the lands benefited by the construction of works; (b) the increase in the value of such lands by the proposed construction; and (c) the amount of betterment charges leviable on each of the said lands. Provided that the betterment charges shall be levied from the date of order of diversion passed by the sub-section 172 of Madhay Pradesh land Revenue code 1959 (No. 20 of 1959): Provided further that no betterment charges shall be leviable in respect of any land :- (i) which is unsuitable for development as a building site, or (ii) which is situated beyond a distance of two hundred meters from the middle of the highway on either side.

The State Government may, by notification, exempt any area or any class of buildings from the operation of this Act, if it is satisfied that it is in the public interest to do so. The increase in value on account of the construction of work shall be the amount by which the value of the land on the date of completion of the proposed work is likely to exceed or has exceeded the value of the land on the date of commencement of the said work and the betterment charges shall be one half of such increase in value. Explanation:- for the purpose of this section, the State Government shall by notification in the official Gazette specify:- (a) the date of commencement of the construction of any work and (b) the date of completion of such work. The increase in value on account of the construction of work shall be the amount by which the value of the land on the date of completion of the proposed work is likely to exceed or has exceeded the value of the land on the date of commencement of the said work and the betterment charges shall be one half of such increase in value. Explanation:- for the purpose of this section, the State Government shall by notification in the official Gazette specify:(a) the date of commencement of the construction of any work and (b) the date of completion of such work.

The State Government may make rules for carrying out the purposes of this Act. The order, fixing the betterment charges, made under section 42, shall be final.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything which is not inconsistent with the provisions of this Act as may appear to be necessary for the purpose of removing the difficulty. Any person aggrieved by the order fixing the betterment charges may, approach a Court of competent jurisdiction.

No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the State Government or any officer is empowered by or under this Act to determine. The betterment charges recoverable in respect of any land, if not paid, shall be recoverable as arrear of land revenue.

(1) No court shall take cognizance of any offence punishable under this Act except on a complaint made by the State Government or any officer authorised by it. (2) No court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under this Act. (3) The court may, while passing a sentence of fine, direct that the whole or any part of the fine shall be applied in or towards the payment of costs of the prosecution. (4) The court may, if it deems fit, direct the forfeiture of any materials used in the unauthorised construction. (5) The State Government may, by notification, authorise any officer to file a complaint for offences under this Act. (1) The State Government may, at its discretion, permit the temporary use of any portion of the highway, through the agency of the person or body authorized under this Act, subject to the conditions as may be prescribed. (2) The person or body authorised shall, while executing the work or using the highway temporarily, ensure that the flow of traffic is not stopped or hampered. (3) The State Government may, if it deems necessary, permit the temporary use of the highway by any person or body, for providing facilities or for other purposes, in such manner as may be prescribed, on payment of such fee as may be prescribed. (4) The person or body authorised under sub-section (1), shall, ensure that adequate safety measures are taken to prevent accidents during such temporary use of the highway and shall be responsible for any damages caused. (5) The State Government may, recover, from the person or body authorised, such amount as may be prescribed for the restoration of the highway to its original state. (6) The authorized person or body shall follow the instructions given by the Highway Authority and ensure compliance. (7)(a) The State Government or the authorized person or body shall, for the purposes of sub-section (1), ensure that no obstruction is caused to the traffic. (b) The State Government or the authorized person or body shall ensure that the highway is kept clean and maintained as per the standards prescribed. (1) Whenever the Highway Authority is of the opinion that it is necessary for the prevention of danger arising from obstructions of the view of person using any bend or corner of the Highway, it may, save as otherwise provided in section 16 serve a notice upon the owner or occupier of land alongside or the bend or corner of such Highway to alter within such time and in such manner as may be specified in the notice the height or character of any existing wall (not being a wall forming part of a permanent structure), fence, hedge, trees, advertisement-posts, bill-boards or any other obstruction thereon, so as to cause it to conform with any requirements specified in the notice. (2) Reasonable expenses incurred by the owner or occupier complying with the requirement of the notice shall be reimbursed to him, provided the object or obstruction had not been constructed or erected in contravention of any law for the time being inforce. Determination of the amount to be reimbursed shall be made by the Highway Authority and its decision in this respect shall be final. (3) No expenses incurred in case of removal of the object of obstruction constructed or erected in contravention of any law or bye law for the time being inforce, shall be reimbursed in complying with the requirement of the notice. Action against concerned person who has constructed or erected the object of obstruction in contravention of any law or byelaw shall also be taken as provided in the relevant law. (4) If any person upon whom a notice has been served under sub-section (1), objects to comply with the requirement of such notice, he may within one month of the receipt, send to the Highway Authority, his objection in writing stating the grounds thereof. (5) The Highway Authority shall within one month of the receipt of the objection, consider the grounds advanced and shall by order in writing, withdraw the notice or amend or confirm it. (6) A person aggrieved by an order passed by the Highway Authority under sub-section (5) may prefer an appeal within fifteen days from the date when such order was communicated to him, to the Collector, whose decision in the matter shall be final. (7) (a) If any person fails to comply with the notice served on him under sub-section (1) as amended or confirmed, as the case may be, under sub-section (5), the Highway Authority may take action to alter the object causing obstruction of view. (b) Any expenditure incurred by the Highway Authority in altering the object causing the aforesaid obstruction of view shall be recovered from the person concerned if the said object was constructed or erected in contravention to any law inforce in this respect, without prejudice to the action provided for in any other law for the time being in force.

No person shall use the highway for any purpose without the permission of the Highway Authority. Any person who uses the highway without such permission shall be liable to be removed and any structure or material placed on the highway shall be liable to be removed at the cost of the person concerned. If at any time it appears to the Highway Authority that any highway in its charge or any portion thereof, is or has been rendered unsafe for vehicular or pedestrain traffic by reason of damage or otherwise, it may, subject to such rules as may be prescribed in this behalf, either close the highway or the portion of it to all traffic or to any class of traffic, or regulate the number and speed or weight of vehicles using the highway.

No person shall place or cause to be placed any obstruction on the highway which hinders the free flow of traffic. The Highway Authority may order the removal of such obstruction. Where the Highway Authority is satisfied that any Highway or portion thereof, or any bridge culvert or causeway built on or across any Highway is not designed to carry vehicles of which the ladden weight exceeds such limit as may be fixed in this behalf, it may subject to such rules, as may be prescribed in that behalf, prohibit or restrict the plying of such vehicles on or over such Highway or such part of the Highway or such bridge, culvert or causeway.

(1) If any person has encroached upon the highway in violation of Section 48, the Highway Authority may order the removal of the same. (2) The person responsible for the encroachment shall be liable to pay the costs incurred for such removal. (1) Where in excercise of the powers conferred on it by section 48, the Highway Authority desired to close down any highway or part thereof, permanently, it shall give notice of its intention to do so by notification in the official Gazette. The notification shall also be published in atleast two news papers, one of which shall be in Hindi language. (2) The notice shall indicate the alternative route, if any, which is proposed to be provided or which may already be in existence, and shall also invite objections, if any, to the proposal to be submitted within such time as may be specified. (3) The Highway Authority shall finalise its proposal to close down any Highway or part of it after considering the objections, if any, received within the specified time and shall submit the final proposal to the State Government for approval together with such objections as may have been received against the proposal. (4) The State Government may either approve the proposal, with or without modification or reject it. (5) When the State Government approves the proposal it shall publish its orders in the official Gazette. (6) When the orders of the State Government have been published in the official Gazette, the Highway Authority shall arrange for further publicity to be given to the' orders in at least two news papers one of which shall be in the regional language of the place in which such highway is situated and the Highway or part thereof shall then be closed. (7) Whenever any Highway or any part thereof has been so closed reasonable compensation shall be paid to every person who was entitled, otherwise than as a mere member of the public, to use such highway or part thereof as a means of access to or from his property and has suffered damage for such closure.

(3) The Highway Authority shall be entitled to recover the cost of repairs from the person responsible for the damage as per the procedure prescribed. The penalty for such damage shall be as provided under Section 33. (1) Notwithstanding any thing contained in any other enactment for the time being in force, no person other than the Highway Authority or any person authorised by it shall construct or carry any cable, wire, pipe, drain sewer, channel of any kind through, across, under or over any highway, except with the permission in writing of the Highway Authority. (2) In giving its consent the Highway Authority may impose such conditions as it may deem fit, and may also impose a rent or other charge for land forming part of the Highway, occupied by or applied to the proposed work. (3) If any person constructs or carries out any work in contravention of sub-section (1), the Highway Authority may arrange for the removal of such work and restoration of the Highway to its former condition in accordance with the provisions of section 33 as if the work constituted an encroachment on the highway and such expenses, as the Highway Authority may incur for this purpose shall, without prejudice to any other action that may be taken against such persons, be recovered form him in accordance with the procedure provided in section 35 in so far as that procedure is applicable.

(1) The Highway Authority or the person authorized shall be responsible for the maintenance of the highway as per the prescribed standards. (2) Failure to maintain the highway shall make the authority or person liable for penalties as provided under Section 35. (1) No person shall willfully cause or allow any vehicle or animal in his charge to cause any damage to any Highway. (2) Where in contravention of sub-section(1) any damage has been caused to any highway, the Highway Authority shall have the damage repaired and the expenses involved shall, without prejudice to any other action that may be taken against the person responsible for the contravention of sub-section(1) be recovered from him in accordance with the procedure in section 35 in so far as that procedure is applicable. (1) No person shall willfully cause or allow any vehicle or animal in his charge to cause any damage to any Highway. (2) Where in contravention of sub-section (1) any damage has been caused to any highway, the Highway Authority shall have the damage repaired and the expenses involved shall, without prejudice to any other action that may be taken against the person responsible for the contravention of sub-section (1) be recovered from him in accordance with the procedure in section 35 in so far as that procedure is applicable.

The Highway Authority shall ensure that all necessary safety measures are in place to prevent accidents on the highway. Whoever willfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction or obstructs any person or authority in the discharge of any functions that such person or authority is required or empowered under this Act to discharge or being required by or under this Act to supply any information, withholds such information, or gives information which he knows to be false or which he does not believe to be true shall, on conviction, be punishable with fine which may extend to two thousand rupees.

The Highway Authority shall maintain accurate records of the highway including details of its construction and maintenance. Whoever, erects, alters or extends any building or makes any excavation, or constructs any means of access to or from a Highway or does any other work in contravention of the provisions of section- shall on conviction be punishable:- (a) with fine which may extend to five thousand rupees ; and (b) with further fine which may extend to one thousand rupees for each day after such conviction, during which the offending structure or work is not removed, demolished or cleared and the site not restored to its original condition.

(a) Notification regarding the closure or restriction of the highway as per Section 32(1). (b) Notification regarding the maintenance schedules under Section 33(1). Whoever (a) Occupies or makes any encroachment on any Highway in contravention of the provisions of sub-section (1) of section 32; or (b) fails to comply with the notice served on him under sub-section (1) of section 33 for no valid reason shall on conviction, be punishable. (i) for first offence with fine which may extend to five thousand rupees; and (ii) for a subsequent offence in relation to the same encroachment with fine which may extend to ten thousand rupees; and (iii) for persistent encroachment, imprisonment upto two months plus a further fine not exceeding five hundred rupees per day on which such occupation of the Highway or encroachment continues. Explaination :- "Persistent encroachment" shall mean continuance or committing of encroachment by any person on the same portion or place of the Highway for which he was punished earlier under sub-clause (b) (i)-(ii) of this section.

The Highway Authority shall serve all notices as required under the Act through the prescribed manner. Whoever contravenes any provision of this Act or any rule or order made thereunder shall, if no other penalty is provided for the offence, on conviction, be punishable,- (a) for a first offence with fine which may extend to one hundred rupees; and (b) for a subsequent offence with fine which may extend to five hundred rupees.

Any person who fails to comply with the provisions of this Act or the rules made thereunder shall be liable to be penalized as prescribed. Notwithstanding anything contained in any law for the time being in force, any offence committed under this Act other than an offence prescribed under section 55 may be compounded by the Highway Authority on such terms as may be specified by the State Government by a special or general order and if any preceedings have been instituted against any person in any criminal Court, than on the terms of the compromise being carried out, the composition shall amount to an acquitlal and in no case shall, any further proceedings, be taken against such person or any property of such person with reference to the same facts.

The Highway Authority shall have the power to enter any premises for the purpose of inspection of the highway or related activities. Subject to the provisions of Section 300 of the Indian Penal Code, 1860, the Highway Authority or any other person authorised by it in this behalf may, in the discharge of the duties and functions conferred upon it by or under this Act, do all acts and things as may be necessary for the working of the provisions of this Act. Every Police Officer shall forthwith furnish information to the nearest Highway Authority, or the nearest Officer subordinate to the Highway Authority of any offence coming to his knowledge which has been committed against this Act or any rule made thereunder and shall be bound to assist the Highway Authority and its Officers and employees in the exercise of their lawful authority.

Any dispute arising under this Act shall be settled by the prescribed authority. No suit, prosecution or other legal proceedings shall lie against the State Government or any officer of the State Government, Highway Authority or any person authorised by it for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or regulation made or order issued thereunder. Every village, Kotwar by whatever name called, shall forthwith inform the nearest police station or the nearest Highway Authority or any officer duly authorised by the Highway Authority whenever he becomes aware that, any survey mark of any Highway or any mark showing the building or control line determined in respect of a Highway, has been destroyed, damaged, removed, displaced or otherwise tampered with or that any damage to any Highway has been made.

(i) The State Government may delegate its powers as prescribed. (ii) The Highway Authority may delegate duties to its officers as necessary. The Highway Authority shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860. Any person wrongfully occupying any land :- (a) which is a part of a highway; or (b) the occupation of which contravenes any provision of this Act and the said provision do not provide for the eviction of such person; shall be evicted under and in accordance with the provisions of the section 33 of this Act.

All officers acting under this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860. The Highway Authority shall be deemed to be a body corporate in the name of the Highway Authority having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued.

No suit, prosecution or other legal proceedings shall lie against any officer for anything which is done or intended to be done in good faith under this Act. The State Government may, by notification, delegate any of the powers and functions of the Highway Authority to such other authority or officer as it may deem fit, and may, in like manner, withdraw such delegation. Save as provided under this Act no Civil, Court shall have jurisdiction to settle, decide or deal with any matter; which is by or under this Act, required to be settled, decided or dealt-with by the Highway Authority, the Collector or officer or person authorised under this Act, or the State Government.

(1) The Highway Authority or any person empowered by it in this behalf may, at any time, enter upon any land, building or premises for the purpose of carrying out any survey, inspection, examination, measurement or taking levels for the purposes of this Act. (2) The Highway Authority or any person empowered by it in this behalf may, at any time, enter upon any land, building or premises with such assistants and workmen as may be necessary for the purpose of removing any obstruction or encroachment, or for carrying out the work of development or maintenance of a highway. (1) No suit, prosecution or other legal proceedings shall be instituted against any public servant or officer or person duly authorised under this Act in respect of anything in good faith done or intended to be done under this Act, or the rules or orders made thereunder. (2) No suit or prosecution shall be instituted against any public servant or officer or person duly authorised under this respect of anything done or intended to be done under this Act, unless the suit or prosecution has been instituted within six month from the date of the act complained of.

(1) The Highway Authority may, at any time, if it is satisfied that any person has encroached upon or unauthorisedly occupied any land forming part of a highway, serve a notice upon such person to vacate the encroachment. (2) The Highway Authority may, if it is satisfied that such encroachment or unauthorised occupation has taken place, issue an order for removal of the same following the procedure as prescribed: (a) as regards the provisions of Section 12 for the building line and control line; (b) as regards the provisions of Section 13 pertaining to the maintenance of the map; (c) as regards the provisions of Section 14 and Section 3 for the restriction of buildings and construction; (d) the procedure to be followed for removing the encroachment or unauthorised occupation as prescribed under Section 48; (e) as regards the provisions of Section 49 regarding the maintenance of boundaries; (f) the Highway Authority may take such action as it deems necessary to recover the cost of removal from the person concerned; (g) the Highway Authority may adopt such summary procedure as it deems necessary to ensure compliance under the Act. (1) The State Government may, by notification in the official Gazette make rules to carry out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules for all or any of the following matters:- (a) the manner in which the notification may be published in the village and at the headquarter of the tehsil and district under section- 12; (b) the other places at which copies of map may be kept for inspection under section- 13; (c) the form of application and its contents under sub-section (3) of section- 14; (d) prescribing the rules subject to which a Highway or portion of it may be closed to traffic or any class of the traffic or the number and speed or weight of the vehicles using the Highway may be regulated under section- 48; (e) prescribing the rules subject to which plying of vehicles may be prohibited under section- 49. (f) the prevention of obstruction of view of persons using Highway and annoyance, danger or injury to the public; (g) the prevention of obstruction, encroachment and nuisance on or near and of damages to Highway; (h) the proper maintenance of boundary marks demarcating Highway boundary and building and control lines; (i) the prescription of various forms of applications required to be made and the forms of notices and bills required to be served on persons, the charges to be made for the supply of copies of maps, and the charges to be imposed or levied under the provisions of this Act; (j) the general guidance of the Highway Authority in the discharge of its function under this Act; (k) regulation of diversions of existing rights of access; (l) the manner in which the notice or statements may be served or presented; and (m) any other matter which is required to be or may be prescribed under this Act. (3) All rules made under this Act shall be laid on the table of the Legislative Assembly.

(1) The State Government may, by notification, make rules for carrying out the purposes of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the manner in which the highway authorities shall function; (b) the procedure for preparation and maintenance of maps; (c) the manner in which compensation shall be determined; (d) the procedure for any inquiry under this Act; (e) any other matter which is required to be or may be prescribed by rules under this Act. Save, as provided in any Central Act relating to cantonments, Railways, Telegraph and Electricity, the provisions of this Act or rules made thereunder in regard to any matter dealt with, thereby shall prevail over the provisions of any other law made by the State Legislature is competent to make or to amend, in so far as such law is inconsistant with the said provisios or rules and such law to the extent of such inconsistency, shall cease to apply or shall not apply to any such matter. (1) Provided that if any highway is declared to a National Highway under the National Highway Act 1956 (Central Act, XL, VIII of 1956), it shall be lawful for the State Government to fix the building and control lines for different portions of the said highway under section 12 or to levy betterment charges under section 42 on lands, the value of which has increased by reasons of the construction or proposed constructions of such highway and thereafter the provisioins of this Act in so far they apply to the restrictions on buildings between the highway boundary and the building line or between the building line and control and other provisions relating to such building and control lines, as the case may be and the provisions of this Act relating to the levy of betterment charges shall, mutatis mutandis, apply.

In section 65 of the Principal Act, the following shall be inserted, namely :- "65-A. Reference to Land Acquisition Act, 1894 (No. 1 of 1894).- In this Act, - (a) Wherever there is a reference to "the Land Acquisition Act, 1894 (Central Act 1 of 1894)", "the Land Acquisition Act, 1894" or "the Land Acquisition Act", such reference shall be deemed to be "the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013)"; and (b) Reference to any section of the Land Acquisition Act, 1894 (Central Act 1 of 1894) shall be deemed to be a reference to relevant provision of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013)."

The Control of Ribbon Development Act, 1936 (34 of 1936) is hereby repealed. The Madhya Pradesh, Highway Act, 1936 ( No 34 of 1936 so far as applies of Chhattisgarh State is hereby repealed.

(1) The State Government may, by notification, make rules to carry out the purposes of this Act. (2) Every rule made under this Act shall be laid before the State Legislature as soon as may be after it is made. (3) Any contravention of the rules made under this Act shall be punishable with fine as specified. (1) Notwithstanding anything contained in any other law for the time being in force, if the State Government is of the opinion that it is necessary or expedient in the public interest so to do, it may by notification, declare any State Highway or any portion thereof to be a controlled area for the purposes of this Act. (2) The State Government may, by notification, declare any area situated within a distance of 60 meters on either side of the State Highway as a controlled area. (3) If the State Government is satisfied that it is necessary or expedient in public interest to do so, it may, by notification, extend the limits of the controlled area specified in sub-section (2) further: Provided that such extension shall not exceed 100 meters on either side of the State Highway. (4) The State Government may, by notification, permit the development of any land within the controlled area subject to such terms and conditions as may be prescribed. (1) When as a result of checking of the highway boundaries or otherwise it is found that an encroachment has taken place on a highway, the Highway Authority or any officer authorised in this behalf shall serve a notice on a person responsible for the encroachment or on his representative requiring him to remove such encroachment and restore the land to its original condition as it existed before the such 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 is to be removed and shall also state that the failure to comply within the period specified therein will render the person liable to prosecution and also to summary eviction. (3) If the encroachment is not removed within the period specified in the notice and no valid cause is shown for noncompliance, the Highway Authority or the authorised officer referred to in sub-section(1) may request in writing to the Collector to remove the encroachment and thereupon the collector shall take action for summary eviction as if the matter falls within the scope of section 60. (4) 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 on the safety of any structure forming part of the highway and no notice can be served immediately on the person responsible for the encroachment or his representative under sub-section(1) owing to his absence or for any other reason, the Highway Authority or the authorised official may, in addition to prosecution of the person under sub-section (3), either:- (i) have such protective work as may be feasible at a reasonable cost carried out so as to minimise the danger to traffic on the highway, or (ii) have the encroachment removed with the help of the police, if necessary. (1) When as a result of checking of the highway boundaries or otherwise it is found that an encroachment has taken place on a highway, the Highway Authority or any officer authorised in this behalf shall serve a notice on a person responsible for the encroachment or on his representative requiring him to remove such encroachement and restore the land to its original condition as it existed before the such 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 is to be removed and shall also state that the failure to comply within the period specified therein will render the person liable to prosecution and also to summary eviction. (3) If the encroachment is not removed within the period specified in the notice and no valid cause is shown for noncompliance, the Highway Authority or the authorised officer referred to in sub-section(1) may request in writing to the Collector to remove the encroachment and thereupon the collector shall take action for summary eviction as if the matter falls within the scope of section 60. (4) 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 on the safety of any structure forming part of the highway and on notice can be served immediately on the person responsible for the encroachment or his representative under sub-section(1) owing to his absence or for any other reason, the Highway Authority or the authorised official may, in addition to prosecution of the person under sub-section (3), either:- (i) have such protective work as may be feasible at a reasonable cost carried out so as to minimise the danger to traffic on the highway, or (ii) have the encroachment removed with the help of the police, if necessary.

(1) Save as provided in Section 33, no person shall use any land within the controlled area for any purpose other than the purpose for which it was being used on the date of notification under Section 33 without the permission of the State Government. (2) No person shall erect any building or make any construction or modification within the controlled area without the written permission of the State Government. (3) Any person desiring to obtain permission under sub-section (1) shall make an application to the State Government in such form and manner as may be prescribed. (1) Whenever the Highway Authority or any officer authorised under section 33 has removed any encroachment or carried out any protective work 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 statement of the expenditure incurrecj shall be served by the Highway Authority or the authorised officer referred to in sub-section(1) on the person responsible for the encroachment or his representative with a direction to pay the amount within a specified period to the authority mentioned therein. (3) The statement shall be accompanied by a certificate from the Highway Authority or the authorised officer referred to in sub-section(1) to the effect that the amount of expenditure indicated in the statement represents the charges incurred and such cerfificate shall be conclusive proof of the fact that the charges have actually been incurred. (4) The material, if any, recovered as a result of the removal of the encroanchment on payment of the amount with the specified period and if such payment is not made, the material may be auctioned and after deducting the amount due from the proceeds, the balance, if any, shall be made over to such person. (5) If the proceeds of the auction sale do not cover the total amount due, for the excess over the amount realised by the sal~ of material or if there is no material to dispose of and due amount has not been paid by the person responsible for the encroachment within the specified period the entire amount due shall be recovered from such person as an arrear of land revenue.

(1) No court shall take cognizance of any offence punishable under this Act except on a complaint made by the State Government or any officer authorised by it. (2) No court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under this Act. (3) The court may, while passing a sentence of fine, direct that the whole or any part of the fine shall be applied in or towards the payment of costs of the prosecution. (4) The court may, if it deems fit, direct the forfeiture of any materials used in the unauthorised construction. (5) The State Government may, by notification, authorise any officer to file a complaint for offences under this Act. (1) The State Government may, at its discretion, permit the temporary use of any portion of the highway, through the agency of the person or body authorized under this Act, subject to the conditions as may be prescribed. (2) The person or body authorised shall, while executing the work or using the highway temporarily, ensure that the flow of traffic is not stopped or hampered. (3) The State Government may, if it deems necessary, permit the temporary use of the highway by any person or body, for providing facilities or for other purposes, in such manner as may be prescribed, on payment of such fee as may be prescribed. (4) The person or body authorised under sub-section (1), shall, ensure that adequate safety measures are taken to prevent accidents during such temporary use of the highway and shall be responsible for any damages caused. (5) The State Government may, recover, from the person or body authorised, such amount as may be prescribed for the restoration of the highway to its original state. (6) The authorized person or body shall follow the instructions given by the Highway Authority and ensure compliance. (7)(a) The State Government or the authorized person or body shall, for the purposes of sub-section (1), ensure that no obstruction is caused to the traffic. (b) The State Government or the authorized person or body shall ensure that the highway is kept clean and maintained as per the standards prescribed. (1) Whenever the Highway Authority is of the opinion that it is necessary for the prevention of danger arising from obstructions of the view of person using any bend or corner of the Highway, it may, save as otherwise provided in section 16 serve a notice upon the owner or occupier of land alongside or the bend or corner of such Highway to alter within such time and in such manner as may be specified in the notice the height or character of any existing wall (not being a wall forming part of a permanent structure), fence, hedge, trees, advertisement-posts, bill-boards or any other obstruction thereon, so as to cause it to conform with any requirements specified in the notice. (2) Reasonable expenses incurred by the owner or occupier complying with the requirement of the notice shall be reimbursed to him, provided the object or obstruction had not been constructed or erected in contravention of any law for the time being inforce. Determination of the amount to be reimbursed shall be made by the Highway Authority and its decision in this respect shall be final. (3) No expenses incurred in case of removal of the object of obstruction constructed or erected in contravention of any law or bye law for the time being inforce, shall be reimbursed in complying with the requirement of the notice. Action against concerned person who has constructed or erected the object of obstruction in contravention of any law or byelaw shall also be taken as provided in the relevant law. (4) If any person upon whom a notice has been served under sub-section (1), objects to comply with the requirement of such notice, he may within one month of the receipt, send to the Highway Authority, his objection in writing stating the grounds thereof. (5) The Highway Authority shall within one month of the receipt of the objection, consider the grounds advanced and shall by order in writing, withdraw the notice or amend or confirm it. (6) A person aggrieved by an order passed by the Highway Authority under sub-section (5) may prefer an appeal within fifteen days from the date when such order was communicated to him, to the Collector, whose decision in the matter shall be final. (7) (a) If any person fails to comply with the notice served on him under sub-section (1) as amended or confirmed, as the case may be, under sub-section (5), the Highway Authority may take action to alter the object causing obstruction of view. (b) Any expenditure incurred by the Highway Authority in altering the object causing the aforesaid obstruction of view shall be recovered from the person concerned if the said object was constructed or erected in contravention to any law inforce in this respect, without prejudice to the action provided for in any other law for the time being in force.

(1) No court shall take cognizance of any offence punishable under this Act except on a complaint made by the State Government or any officer authorised by it. (2) No court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under this Act. (3) The court may, while passing a sentence of fine, direct that the whole or any part of the fine shall be applied in or towards the payment of costs of the prosecution. (4) The court may, if it deems fit, direct the forfeiture of any materials used in the unauthorised construction. (5) The State Government may, by notification, authorise any officer to file a complaint for offences under this Act. (1) The State Government may, at its discretion, permit the temporary use of any portion of the highway, through the agency of the person or body authorized under this Act, subject to the conditions as may be prescribed. (2) The person or body authorised shall, while executing the work or using the highway temporarily, ensure that the flow of traffic is not stopped or hampered. (3) The State Government may, if it deems necessary, permit the temporary use of the highway by any person or body, for providing facilities or for other purposes, in such manner as may be prescribed, on payment of such fee as may be prescribed. (4) The person or body authorised under sub-section (1), shall, ensure that adequate safety measures are taken to prevent accidents during such temporary use of the highway and shall be responsible for any damages caused. (5) The State Government may, recover, from the person or body authorised, such amount as may be prescribed for the restoration of the highway to its original state. (6) The authorized person or body shall follow the instructions given by the Highway Authority and ensure compliance. (7)(a) The State Government or the authorized person or body shall, for the purposes of sub-section (1), ensure that no obstruction is caused to the traffic. (b) The State Government or the authorized person or body shall ensure that the highway is kept clean and maintained as per the standards prescribed. (1) Whenever the Highway Authority is of the opinion that it is necessary for the prevention of danger arising from obstructions of the view of person using any bend or corner of the Highway, it may, save as otherwise provided in section 16 serve a notice upon the owner or occupier of land alongside or the bend or corner of such Highway to alter within such time and in such manner as may be specified in the notice the height or character of any existing wall (not being a wall forming part of a permanent structure), fence, hedge, trees, advertisement-posts, bill-boards or any other obstruction thereon, so as to cause it to conform with any requirements specified in the notice. (2) Reasonable expenses incurred by the owner or occupier complying with the requirement of the notice shall be reimbursed to him, provided the object or obstruction had not been constructed or erected in contravention of any law for the time being inforce. Determination of the amount to be reimbursed shall be made by the Highway Authority and its decision in this respect shall be final. (3) No expenses incurred in case of removal of the object of obstruction constructed or erected in contravention of any law or bye law for the time being inforce, shall be reimbursed in complying with the requirement of the notice. Action against concerned person who has constructed or erected the object of obstruction in contravention of any law or byelaw shall also be taken as provided in the relevant law. (4) If any person upon whom a notice has been served under sub-section (1), objects to comply with the requirement of such notice, he may within one month of the receipt, send to the Highway Authority, his objection in writing stating the grounds thereof. (5) The Highway Authority shall within one month of the receipt of the objection, consider the grounds advanced and shall by order in writing, withdraw the notice or amend or confirm it. (6) A person aggrieved by an order passed by the Highway Authority under sub-section (5) may prefer an appeal within fifteen days from the date when such order was communicated to him, to the Collector, whose decision in the matter shall be final. (7) (a) If any person fails to comply with the notice served on him under sub-section (1) as amended or confirmed, as the case may be, under sub-section (5), the Highway Authority may take action to alter the object causing obstruction of view. (b) Any expenditure incurred by the Highway Authority in altering the object causing the aforesaid obstruction of view shall be recovered from the person concerned if the said object was constructed or erected in contravention to any law inforce in this respect, without prejudice to the action provided for in any other law for the time being in force.