section 33
Power to make rules
The Chhattisgarh Rajmarg Adhiniyam, 2003(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.
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