The Haryana Road Infrastructure Protection Act, 2017

This Act may be called the Haryana Road Infrastructure Protection Act, 2017.

(1) In this Act, unless the context otherwise requires,- (a) "Appellate Authority" means the Superintending Engineer of Haryana Public Works (Building and Roads) Department; (b) "Construction" means any house, hut, shed or other roofed structure constructed for any purpose or of any material and it shall also include wall, masonry platform, masonry drain or ditch; (c) "Competent Authority" means the Sub-Divisional Engineer of Haryana Public Works (Building and Roads) Department; (d) "Confirming Authority" means the Executive Engineer of Haryana Public Works (Building and Roads) Department; (e) "Government" means the Government of the State of Haryana in the Administrative Department; (f) "Local Authority" means Gram Panchayat, Municipality, Municipal Corporation and it shall include development authorities like Haryana Urban Development Authority, Haryana State Industrial and Infrastructure Development Corporation, Haryana State Road and Bridge Development Corporation, Haryana State Agricultural Marketing Board etc.; (g) "Prescribed" means prescribed by the rules made under this Act; (h) "Road" means a road maintained by the Government or any local authority but does not include National Highways declared under the National Highways Act, 1956 (Central Act 48 of 1956); (i) "Road Infrastructure" means State Highways, Major District Roads, Other District Roads, any other road, path or street for transport or traffic but does not include National Highways declared under the National Highways Act, 1956 (Central Act 48 of 1956) and it shall include the following: (i) acquired road land width; (ii) all types of roads and their structures, such as, road camber, shoulder, retaining wall, breast wall, toe wall, cross drainage, berm, road side drain, road junction, median, speed breaker, rumble strip, street light, traffic signal etc.; (iii) any structure relevant to road transport and traffic system; (iv) bridge including approach road, return wall, wing wall, protection works and allied structure; (v) expressway including interchanges, grade separators, dividers and other relevant structures; (vi) road furniture such as parapets, railings, kerb stone, kilometre stone, benches, studs, reflector, pedestal, sign board, barricade and crash barrier; (vii) road overbridge, flyover and underpass and their allied structure; (viii) road side parking area; (ix) road side plantation, nursery, fence and other landscape objects; (x) toll booth or plaza; (xi) tunnel and their support structure; (xii) wayside amenities or structures like rain shelters, lay-byes, bus bays, public conveniences, parks and open spaces located along the road on government land. (2) Words and expressions used in this Act but not defined and defined in the Public Works Department code shall have the same meaning as are respectively assigned to them in the said code.

There shall be the following prohibited activities under this Act, namely:- (i) encroachment on government land under road infrastructure; (ii) construction of any permanent, temporary or movable structure on or from the road infrastructure; (iii) misuse of road by doing peripheral construction including animal tethering and executing commercial activities on road infrastructure; (iv) obstructing or damaging the drainage and cross drainage system along the road; (v) diverting water, sewage or filth towards the road infrastructure; (vi) stacking or throwing excavated earth or debris or any other material on the road infrastructure; (vii) digging or damaging the road infrastructure without permission from the competent authority; (viii) installing unauthorized hand pump, bore well or petrol pump on road infrastructure; (ix) damaging or defacing approach road, return wall and wing wall, parapets, railings, lighting system, protection works, tunnels and their allied structures and other structures such as road shoulders, shoulders, retaining walls, breast walls, toe walls, cross drainage and road side drains, road junctions, medians, speed breakers, rumble strips, street lights, traffic signals, barricades, crash barriers, sign boards, kilometre stones, direction posts, boundary posts, furlong posts, road identification sign infrastructure, pedestals, benches, toll booths or plazas, wayside amenities like rain shelters, lay-byes, bus bays, public conveniences, parks and open spaces, and construction or any other structures including bridges, road overbridges, flyovers and underpasses made to facilitate road transport and road maintenance; (x) damaging or uprooting road side plantation, nurseries, fences and other landscape objects on road infrastructure; (xi) displaying unauthorized hoardings on road infrastructure; (xii) peripheral construction of unauthorized welcome gates, arches etc. on road infrastructure; (xiii) damaging road infrastructure due to mining in the area; (xiv) peripheral construction or construction of any structure on road infrastructure; (xv) peripheral construction or construction of temple on road infrastructure; (xvi) any other activity, which has been declared as prohibited activity by the Government, by notification in the Official Gazette.

All prohibited activities shall be determined in reference to land records maintained by the Revenue and Disaster Management Department.

(1) On occurrence of any activity prohibited under section 3, the competent authority shall issue an order directing the person to stop the prohibited activity immediately and where necessary, shall pass orders for restoration of the status of road infrastructure to its original position within such period, not exceeding three days, as may be specified in the order. (2) The order of the competent authority under sub-section (1) shall clearly describe the prohibited activity in writing and shall also indicate as a sketch, the location of the occurrence of the prohibited activity, the extent of such activity and damage already caused or being caused. (3) In case of non-compliance of the orders passed under sub-section (1), the competent authority shall, in addition to penalty which may extend to Rs. 5,000, take necessary steps to restore the position at the cost of the person. The expenses so incurred shall be recoverable as arrears of land revenue and the competent authority shall confiscate the material, machinery, tools, equipment etc. forming part of the prohibited activity in such manner, as may be prescribed. (4) Notwithstanding anything contained in this section, the competent authority or an officer authorized by it in this behalf shall have the power to remove unauthorized possession on road without issuing any notice under this section, if such unauthorized possession is of the nature of:- (a) displaying any substance or object through open air or temporary stall, canopy, booth or shop of temporary nature; (b) construction or peripheral construction, whether temporary or permanent; or (c) trespass or encroachment, which can be removed easily without the use of any machine or other device; and in such removal of possession, the competent authority or such officer may, if necessary, seek the assistance of police for removal of such possession by use of reasonable force necessary for such removal.

The competent authority may delegate all or any of its power and functions vested in it under this Act to its subordinate Assistant Sub-Divisional Engineer or Junior Engineer, as the case may be.

The aggrieved person may file an objection against the order issued by the competent authority to the confirming authority within a period of three days from the date of receipt of the order and the confirming authority, after giving an opportunity of hearing and within a period of five days, shall pass orders for confirming or setting aside the order passed by the competent authority through a speaking and reasoned order.

(1) An appeal against the order passed by the confirming authority shall be entertained by the appellate authority, if such appeal is filed within fifteen days of the order passed by the confirming authority: Provided that an appeal may be entertained even after the expiry of the specified period, if the appellant satisfies the appellate authority that he had sufficient cause for not filing the appeal within that period: Provided further that the appellant, while filing an appeal against such order, shall deposit the anticipated restoration cost as determined by the competent authority. (2) The appellate authority shall pass orders for confirming or setting aside the order passed by the confirming authority within fifteen days of filing of the appeal and it shall be final.