The Jharkhand Highways Act, 2005

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# : - THE JHARKHAND HIGHWAYS ACT, 2005

Tn — cs [JHARKHAND ACT 07, 2006]

Tel ANACT to provide provisions for the construction, maintenance and development, pre- vention and removal of encroachment, levy on betterment charges and for certain other "mintters of highways of the Jharkhand State whereas, roads are one of the basic needs

ho for accelerated Socio-economic Development of any State. It constitutes an important part of

oH basic Infrastructure. So itis relevant to provide provisions for the construction, mainte- . Tm | hance anddevelopment of highways, for the restriction of ribbon development along high- ways, for the prevention and removal of encroachment thereon, for the levy of betterment

fe | . charges and for certain other matters, for the State of Jharkhand.

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3 | © AND, WHEREAS itis expedient to provide for the construction, maintenance and

% | ‘developmentofhighways, forthe restriction of ribbon development along the highways, for

for § the prevention and removal of encroachment thereon, for the levy of betterment charges and

@ | forcedalnother matters.

Ea © Therefore, be it enacted by the legislature of the state of Jharkhand in the fifty sixth

. year of the Republic of india as follows: i — CHAPTER t sy Preliminary

(1) This Act may be called "The Jharkhand Highways Act, 2005". (2) It extends to the whole of the State of Jharkhand. (3) This will come into force immediately. The State Government, may, by notification in the Official Gazette, direct that all or any provisions of this Act shall come into force in such area and on such date as may be specified in the notification; and the State Government, may, by notification in the Official Gazette, exclude any road or way or class of Roads or ways situate in such area from the operation of all or any of the provisions of this Act.

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.

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.

In this Act, unless there is anything repugnant in the subject or Context :- (a) "Animal" means any domestic or captive animal; (b) "Building" includes any erection of whatsoever material and in whatsoever manner constructed (including a farm building for agricultural purposes) and also includes plinths door, steps, walls (including compound walls and fences) and the like; (c) "Highway authority" means the authority appointed as such or to which the functions of such authority are entrusted under section 4; (d) "Highway boundaries" means the boundaries of a highway fixed in respect of such highway by a notification under sub-section (1) of section 7; (e) "Highway" means any road which is maintained by the State Government and which is open to public as a right for vehicles or for foot passengers and includes any street, way or other land declared as a highway under the provisions of this Act; (f) "Middle of highway" means the point half-way between the highway boundaries; (g) "Occupier" includes,- (i) any person who for the time being, is paying or is liable to pay to the owner rent or any portion of the rent of the premises in respect of which such rent is paid or is payable; (ii) an owner living in or otherwise using his premises; (iii) a licensee in occupation of any premises, and (iv) any person who is liable to pay to the owner damages for the use and occupation of any premises; (h) "Owner" means, - (a) when used with reference to any premises, the person who receives the rent of the said premises or who would be entitled to receive the rent thereof if the premises were let and includes (i) an agent or trustee who receives such rent on account of the owner; (ii) an agent or trustee who receives the rent of, or is entrusted with, any premises devoted to religious or charitable purposes; (iii) a receiver, sequestrator or manager appointed by any court of competent jurisdiction; and (iv) a mortgage in possession; (b) when used with reference to an institution or body corporate, the manager of such institution or body corporate; (i) "Prescribed" means prescribed by Rules made under this Act; (j) "Railways" means railways as in the Indian Railway Act, 1890; (k) "Vehicle" includes a bicycle, tricycle, a motor vehicle, or any wheeled conveyance of any description capable of being used on a highway; (l) The expressions "land", "persons interested" and "persons entitled to act" used in this Act shall have the same meaning as the said expressions have in the Land Acquisition Act, 1894.