Chapter V i

While exercising the powers under the following provisions the Highway Authority or any officer or employee appointed under said section 3 or any other person authorized by or under this Act by the State Government, it shall be ensured that as little damage as can be done and ensured that, Provided that reasonable amount of compensation exceeding such compensation in the manner prescribed by or under this Act, shall be paid to any person who sustains damage in consequence of the exercise of such power namely: (a) the imposition of restrictions under section 8; (b) the setting back of any building or part thereof under section 12; (c) the regulation or diversion of any right of way to any highway; (d) the entry, survey and doing of any acts on any land under section 14; (e) the closure of any highway or part thereof under section 52.

The amount of compensation payable under section 26, the persons to whom it is to be paid and the apportionment of such amount of among the persons interested therein shall be determined by agreement between the Highway Authority or any officer authorized by the State Government and the person or persons claiming interest therein.

In default of any agreement under section 27, the Highway Authority or officer authorized by the State Government shall subject to the provisions of this Act, after holding an inquiry make an award determining: (a) the amount of compensation to be paid under section 26; (b) the apportionment, if any, of such compensation among all persons known or believed to be entitled thereto; (c) as the State Government may, by general or special order specify, shall be made without the previous approval of the State Government or such officer the State Government may appoint in this behalf.

No compensation shall be awarded- (a) if and in so far as the land is subject to substantially similar restrictions in force under some other law which was in force on the date on which the restrictions were imposed by this Act; (b) if any compensation has already been paid in respect of same restrictions imposed under this Act or under any other law to the claimant or to any predecessor-in-title of the claimant for any period; (c) In case of payment of compensation for any alternate access on account of diversion of highway, where the right of access to a highway has been destroyed as a result of the diversion thereof and an alternative access has been given, the amount of compensation shall not exceed the cost of laying a new access from the area of the claimant to such alternative route.

Any sum 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 of betterment charges leviable against such person under Chapter VI. Provided that no such notice shall be given unless the Deputy Commissioner with the previous sanction of the State Government, has declared that the value of such land is likely to be increased or has increased by reason of the construction of such work.

Betterment charges shall be payable on the date fixed under the Rules framed under section 41.

1. (1) Any person aggrieved by the order fixing the betterment charges may, by a written application to the officer authorized under section 41, require the matter be referred to the Civil Judge (Senior Division) of the district within the limits of whose jurisdiction of land is situate. = 2) Any such application shall be made within six weeks from the date on which the order of the officer referred to in sub-section (1) was communicated to such person and shall be in such form as may be prescribed.
2. (3) the provisions of sections 5,12 and 14 of the Indian Limitation Act. 1908, shall apply to the computation of the time fixed for reference under sub-section (2). ; (4) The Officer authorized under section 41 shall make the reference, in such : manner as may be prescribed.

The order fixing the betterment charges shall be made under section 42, subject tc a reference to the Authority under section 44 and the decision of the authority on 4 reference under section 44 shall be final.

— Lad Wwe 7 (ora) ps, 24 ed, 200s = = a, Bitar | Bhar 6.t0 be first charge on land next to land revenue :- oa Ld Hee | Femi date specified in the order fixing the betterment charges as the date ~~ | 8m Whig such charges shall be leviable or from such date as may otherwise be =F 8 jo by | he Autho ty under section 44 as the date from which such charges shall

• • | (BI, the betiarment charges recoverable In respect of any land shall subject to nd | SPRepaYMment of the land revenue, if any, due to the State Government thereon, 11M 8nd revenue shall be a first charge on the land in respect of which such better- ttre. |OTBAMMNDL {batman charges :- i . Tha b stierment charges shall be payable on the date fixed under the Rules + [dB by the Btate Government under section 71: out | 4 Bloyiding that the owner of the land on which such charges are imposed may * wis} bile An Agr ement in favour of the State Government agresing to pay the amount z= [8liah Bharges by annual installments together with interest at such rate and within ice § Pi RE A Si 2 < ein | pariod as may be prescribed. “. Fil Rallngu Ishmant of or exchange of land in lieu of payment of betterment charges:- flege [ {5 Notwithstanding anything contained in section 47, the State Government © Fey al ow the owner of the land on which the betterment charges may be payable = 1 ra! inquleh the whole or any part of the land or to deliver it in exchange in lieu of -F jymant of the charges, in favour of the State Government on such conditions as | Providedthatno such relinquishment or exchange shall be permitted unless Wa FL ind (8 free from encumbrances. hel CHAPTER Vil | UPPLEM NTAL PROVISIONS TO SECURE SAFETY OF TRAFFIC AND PREVEN- ich § pia TION OF DAMAGE TO HIGHWAYS Eel od - EL Prove intion of Danger arising from obstruction of view etc. of persons using any hall § °F Mm Whenever the Highway Authority is of opinion that it is necessary for the prevention of danger arising from obstruction of the view of persons using any ich highway [or from distraction of attention of such persons], especially at any = bend or comer of the highway, it may save as otherwise provided in section 11, . 80rve a notice upon the owner or occupier of land alongside or at the bend or comer of such highway to alter within such time and in such manneras may be : specified in the notice, the height or character of any existing wall (not being a oa wall forming part of a permanent structure), fence, hedge, tree, advertisement on post, bill board or any other object thereon, so as to cause it to conform with any requirements specified in the notice. : A : : 54 ATES TIE (SEINA) FAR, 24 word, 2006 -

1. (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, withinonemonth of its receipt, send to the Highway Authority his objection In writing statingthe grounds thereof.
2. (3) The Highway Authority shall, within one month of the receipt of the dbjection consider the grounds advanced and shall, by order In writing, either withdraw | the notice or amend or confirm it. .
3. (4) Ifa 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 Deputy Commissioner whose decision in the matter shall be final. i ks (5) If any person fails to comply with the notice served on him under sub-section
4. (1) as amended or confirmed, as the case may be, under sub-section (3) thé 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 actions which may ba taken against him.

If atany time it appears to the Highway Authority that any Highway In fts 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 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 welght of vehicles using the | highway. : i 51, Prohibition of use of heavy vehicles on certain highways i+ Where the Highway Authority is satisfied that any highway or a portion thereof, orany bridge, culvert or causeway built on or across any highway, ls not designed to carry vehicles of which the laden weight exceads such limit as may be fixed in this behalf, it may, subject to such rules as may be prescribad In that behalf, prohibit or restrict the plying of such vehicles on or over such highway of such part of the highway or such bridge, culvert or causeway.

(1) If any person upon whom a notice has been served under sub-section (1) fails to comply with any requirement of such notice, he may within one month of the receipt of such notice appeal to the Highway Authority his objection to the grounds thereof. (2) Whenever in exercise of the powers under the Act the Government propose to close permanently any highway or part thereof, it shall give notice of its intention so to do in the desired manner. The notification shall also be published in at least two local newspapers one of which shall be in the regional language of the area where the land is situated and the highway. (3) The notice shall indicate the alternative route, if any, which is intended to be provided or already exists in common use. (4) The Highway Authority shall finalize its proposal to close down any highway or part thereof after considering the objections, if any received, within the period and shall thereafter submit to the State Government for approval. (5) If any suggestion has been received against the proposal, the State Government may either approve the proposal with or without modifications or decline it. (6) When the state government has approved the proposal, it shall publish the order in the official gazette. (7) When the orders of the State Government have been published in the official gazette, the Highway authority shall cause further publicity to be given to the order through at least two local newspapers one of which shall be in the regional language of the area in which such highway or part thereof is situated.

(1) No person shall willfully or allow any vehicle to stop, or cause any damage to any highway. (2) Where in contravention of sub-section (1) any damage is caused to any highway, the Highway Authority shall have the damage repaired and the person shall, without prejudice to any other action that may be taken against the person responsible for causing the damage, be required to pay the cost of such repairs in accordance with the procedure provided in section 23 in so far as that procedure is applicable.

(1) The Highway Authority or the officer authorized by the State Government in this behalf may, for the purposes of this Act, make any inquiry in a manner provided for holding a summary inquiry under the revenue law relating to land revenue in any part of the State, and all the provisions contained in the like Act or Code or law relating to the holding of a summary inquiry, shall, so far as may be, apply; provided that where, in any such law, there is no provision for holding inquiry in a summary manner, such inquiry shall be held in such other manner as is provided in the law. (2) The Highway Authority and an officer authorized by the State Government may, for the purposes of this Act, exercise the same powers for summoning and enforcing the attendance of any person and examining him on oath and compelling the production of documents as are vested in the revenue officers under the Encroachment Removal Act or under any law relating to land revenue in force in any part of the State.

Whoever contravenes any provisions of this Act or of any rule or order made thereunder, for which no other penalty is provided for the offence under this Act, shall be punishable with fine which may extend to Rs. 1,000 and with a further fine which may extend to Rs. 500 for every day the offence continues after conviction.

Any dues, if remained under this Act, may be recovered by the Highway Authority, as if any person has filed in the arrears in any civil court, the act of not paying or not performing it, being carried out the authority shall be account to the arrears. It shall the grounds of action may be taken against the person or property of such person in reference to same facts.

Whoever contravenes any provision of this Act or of any rule or order made their under shall if no other penalty is provided for the offence on conviction, be . punished. . a) for a first offence with fine which may extend to one thousand rupees, and

= b) forasubsequentcffence with fine which may extend to five thousand rupees.

• • Note -Whenever, whoever fails to deposit the fine on conviction under the provisions ~~ ofsec. 55,56,57,58 and 59 of this Act -shall attracts the provisions of Indian Penal Code, 1860, sec.-67 & 68. 60. Power to compounds offence :- : i Any offence committed under this Act, may be compounded by Highway | Authority and if any proceeding have been instituted against any person in any i criminal court, then on the terms of the compromise being carried out, the o composition shall be held to amount to an acquittal and in no case shall any further proceedings be taken against such person or any property of such person with reference to same facts.