Chapter VII Chapter VII

(1) Whenever the Highway Authority is of the opinion that it is necessary for the prevention of danger arising from obstruction of the view of persons using any highway, or from distraction of attention of such persons especially at any bend or corner of the highway, it may, save as otherwise provided in section 11, serve a notice upon the owner or occupier of land alongside or at 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, tree, advertisement post, bill board or any other object thereon, so as to cause it to confirm with any requirements specified in the notice. (2) If any person upon whom a notice has been served under sub-section (1) objects to comply with any requirement of such notice, he may, within one month of its receipt, send to the Highway Authority his objection in writing stating the grounds thereof. (3) The Highway Authority shall, within one month of the receipt of the objection, consider the grounds advanced and shall, by order in writing, either withdraw the notice or amend or confirm it. (4) If a person is aggrieved by an order issued by the Highway Authority under sub-section (3) he may prefer an appeal within 15 days from the date when such order was communicated to him, to the Collector whose decision in the matter shall be final. (5) 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 (3), the Highway Authority may take action to alter the object causing obstruction of view or distraction of attention at its own expense, and such expenditure shall be recovered from such person in accordance with the provisions of section 25, without prejudice to any other action which may be taken against him.

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 pedestrian traffic by reason of damage or otherwise, it may, subject to such conditions 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.

Where the Highway Authority is satisfied that any highway or a portion thereof, or any bridge, culvert or causeway built on or across any highway is not designed to carry vehicles of which the laden weight exceeds such limit as may be fixed by the Highway Authority in this behalf, it may, subject to such conditions as may be prescribed, 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) Where, in exercise of the powers conferred on it by section 50, the Highway Authority desires permanently to close down any highway or part thereof, it shall give notice of its intention so to do in the Official Gazette. The notification shall also be published in at least two newspapers, one of which, shall be in the spoken language of the place in which the highway is situated. (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 Government for approval together with such objections as may have been received against the proposal. (4) The Government may either approve the proposal, with or without modifications, or reject it. (5) When the Government has approved the proposal it shall publish its orders in the Official Gazette. (6) When the order of the 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 newspapers one of which shall be in the spoken language of the place in which such highway is situate 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.

(1) Notwithstanding anything contained in any other enactment for the time being in force but subject to the provisions of section 73, no person other than the Highway Authority or any person authorised by it shall construct or carry any cable, wire, pipe, drain, sewer or 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 to be necessary, and may also impose a rent or other charge for any 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 23 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 person, be recovered from him in accordance with the procedure provided in section 25 in so far as that procedure is applicable.

(1) No person shall wilfully 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 provided in section 25 in so far as that procedure is applicable.

(1) The Government may, by notification in the Official Gazette, levy fees at such rates as may be laid down by rules made in this behalf for services or benefits rendered in relation to the use of permanent bridges costing more than Rs. 25,00,000 constructed on State Highway, major district roads and village roads, which are thrown open for the public on or after the first day of January, 1986

(1) The Government may, by notification in the Official Gazette, levy fees at such rates as may be laid down by rules made in this behalf for use of State Highway, major district roads and village roads, or any portion thereof, which are thrown open for the public on or after the first day of January, 1988: Provided that if the Government is of the opinion that it is necessary in the public interest so to do, it may, by like notification, specify any State Highways, major district roads and village roads or any portion thereof in relation to the use of which fees shall not be leviable under this section. Provided further that the Government may by notification and subject to such restrictions and conditions as may be specified in the notification, exempt either totally or partially, any motor vehicle or motor vehicles, or any class of motor vehicles, from the payment of fees. (2) Such fees, when so levied, shall be collected in accordance with the rules made under this Act.

(1) Notwithstanding anything contained in this Act or any other Act for the time being in force, the Government may enter into an agreement with any person in relation to the construction, development and maintenance of the whole or any part of the Highway or a bridge. (2) To facilitate or secure such construction, development and maintenance, the agreement may, subject to such terms and conditions as may be prescribed, provide for the transfer of any land belonging to or to be acquired by the Government under this Act or any other Act, for the time being in force, to such person or persons by way of lease or otherwise during the period of such agreement. (3) Notwithstanding anything contained in sections 54A and 54B and rules framed thereunder the person referred to in sub-section (1) shall be entitled to collect and retain fee at such rate of rates, for the service or benefits rendered by him as the Government may by notification in the Official Gazette specify having regard to the expenditure involved for acquisition of land and construction, development and maintenance of bridges or Highway. (4) A person referred to in sub-section (1) shall have powers to regulate and control the traffic in accordance with the provisions contained in Chapter VIII of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) on the Highway or a bridge forming subject matter of such agreement, for proper management thereof.