section 45
Finally of order fixing betterment charges and of decision on reference :-
The Jharkhand Highways Act, 2005Infrastructure200528 sections2 chapters
Chapter V i
Statutory text
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 -
- (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.
- (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. .
- (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
- (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.
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