Chapter II a DECLARATION OF HIGHWAYS, HIGHWAY

The State Government may, by notification in the Official Gazette declare any road way or land to be a highway and classify it as :- (i) a State Highway (Special), (ii) a State Highway, (iii) a major district road, (iv) other district road, (v) Village road.

The State Government may, by notification in the official Gazette, appoint for the purpose of this Act or any of its provisions any person or any authority to be a Highway Authority for all the highways in the State or, in parts thereof or for any particular highway or highways therein specified in the notification.

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 the 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 by such general or special orders which the Government may make in this behalf, it shall be lawful for the Highway Authority to undertake the construction, maintenance, development or improvement of highways.

For the purpose of enabling a Highway Authority to exercise the powers conferred and to discharge the duties imposed upon it by or under the provisions of this Act, the State Government may appoint such officers and employees as it deem necessary to work under such Authority.

Notwithstanding any thing contained in any other law for the time being in force, no person shall erect or make or layout any building, work or means of access to or from a highway, except in accordance with the provisions of this Act and the rules or notification issued thereunder, and shall not - (a) upon any land lying between the highway boundary and the building line, (i) construct, from layout any means of access to, or from a highway, or (ii) erected any building, or (iii) materially alter any existing building, or (iv) make or extend any excavation, 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 7, as the case may be, (i) construct, form or layout any means of access to, or from a highway, or (ii) erect any building, or (iii) materially alter any existing building;

(1) In the opinion of the Highway Authority with, any person whomsover, infringing any of the provisions of this Act or interfering with the use of the highway adjoining the land on which such building is standing, the Highway Authority as it may consider necessary, shall order in writing either - (a) granting permission, subject to such conditions, if any, as maybe tied in the order, or (b) refusing permission. Provided that- (i) Permission under clause (a) of sub-section (1) to the making of any alteration or the laying out of works in land for the purpose of repairing, renewing, enlarging or maintaining any underground sewer, drain electric line, pipe, duct or other apparatus shall neither be withheld nor made subject to conditions save such as may be necessary for securing that the sewer, drain electric line, pipe, duct or other apparatus shall be laid in such manner and at such levels that the construction, maintenance, development, improvement of the highway shall not be prejudicially affected. (ii) permission under clause (b) of sub-section (1) to the erection or alteration of a building or laying out any means of access to a highway which conform to the requirements of public health and welfare and of safety and convenience of traffic on the adjoining road shall neither be withheld nor made subject to conditions: Provided that in the case of means of access required for agricultural purposes such permission shall neither be withheld nor be made subject to any conditions save such as may be necessary for securing that the means of access shall be used for agricultural purposes only. (iii) permission under clause (b) of sub-section (1) to the re-erection or alteration of a building which was in existence before the appointed day shall neither be withheld nor made subject to restrictions unless such re-erection or alteration involves any material alteration to the outside appearance of the building. (3) If the Highway Authority refuses permission, the reasons therefore shall be recorded and communicated to the applicant. (4) Provided that nothing herein contained shall debar a person from making an application for such permission afresh after the expiry of a period of three months from the death of the date on which such permission was refused. (5) If for the expiration of a period of three months from the date on which an application for such permission with the name and address of the applicant has been made to the Highway Authority, or such further period not exceeding three months as may have been notified by the Highway Authority concerned and no decision has been notified in writing posted or delivered to the applicant at the address, given, except as may otherwise be agreed in writing between the Highway Authority and the applicant, permission shall be deemed to have been given without the imposition by the Highway Authority of any conditions. (6) The Highway Authority shall maintain a register with sufficient particulars of all permissions given or refused by it under this section and the register shall be available for inspection free of charge by all interested persons and such persons shall be entitled to take extracts therefrom. Explanation :- For the purposes of this section, the "appointed day" shall mean - (i) the day on which a notification is published under sub-section (2) of section 7, proposing to fix the highway boundary, building line or control line and (ii) if any modification is made in any such highway boundary building line or control line, the day on which the notification is published under sub-section (1) of section 7 fixing such highway boundary building line or control line.

(1) If any applicant, is aggrieved by any decision of the Highway Authority under section 9, withholding permission, or imposing any condition, he may appeal to the State Government within thirty days from the date on which such decision was communicated to him. (2) The State Government may, after giving an opportunity, to the applicant to be heard make such order as it thinks fit whose any such decision of the State Government shall be final.

(1) Any land required by the Highway Authority for discharging its function under this Act shall be deemed to be the land needed for a public purposes and such land may on a request being received from the Authority, be acquired by the State Government for the said Authority under the provision of this Act. (2) On the Highway Authority approaching the State Government as provided under sub-section (1) with such requisition and the State Government being satisfied that for a public purpose any land is required for the building, notification in the official Gazette, declare its intention to acquire such land; Provided that, if the land intended to be acquired is situated in the Scheduled Area, before declaring its intention to acquire such land, the State Government or the officer authorized in this behalf shall consult the following, in such manner as may be laid down by the State Government by a general or special order in this behalf. (i) the Gram Sabha or Panchayat concerned, if the land is falling within the limits of a village; (ii) the Panchayat Samiti concerned, if the land is falling within the limits of more than one villages in a Block. Explanation for the purposes of this sub-section - (i) the expressions "Gram sabha" and "Scheduled Area" shall have the meanings respectively assigned to them in the Jharkhand Panchayat Raj Act 2001. (ii) the expressions "Panchayat Samiti" and "Zila Parishad", shall have the meanings respectively assigned to them in the Jharkhand Panchayat Raj Act 2001. (3) Every notification issued under sub-section (2) shall give a brief description of the land. (4) Any officer authorized by the State Government, by notification in the official Gazette, to perform the function of Land Acquisition shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language.

A copy of such notice issued under sec 23 shall be sent to the various public utilities services like electricity, telephone, water, supply, sewerage, board, Municipalities authorities who shall initiate process of shifting of such facilities at the cost of the person to whom notice was issued under section 22.

Where the person to whom notice to remove an encroachment has been served under sub-section (1) of section 21 may claim that the land in possession of which encroachment has been alleged is his property or that otherwise he shall within the time limit prescribed in the notice for the removal of the encroachment file an appeal before the Deputy Commissioner under intimation to the Highway Authority or the officer authorized under sub-section (1) of section 21, as the case may be. The Deputy Commissioner shall after due inquiry, record his decision in writing and communicate the same to the appellant and the Highway Authority or such officer. The Highway Authority or such officer shall desist from taking further action in the matter till the receipt of the communication of the Deputy Commissioner.