Chapter III RESTRICTION OF RIBBON DEVELOPMENT

The State Government or the Highway Authority may, for the purpose of any highway, by notification in the official Gazette, fix the boundary line, the building line and the control line of such highway. (1) In any area in which the provisions of this Act have been brought into force; (1) (i) where any road, way or land has been declared to be a highway under section 3, or (ii) where the construction or development of a highway is undertaken, the State Government may, by notification in the official Gazette, fix, as respects such highway, the highway boundary, the building line and the control line: Provided that having regard to the situation or the requirements of a highway or the condition of the local area through which the highway passes, it shall be lawful for the State Government,— (i) to fix different building or control lines, or (ii) not to fix building or control lines, in respect of any highway or portion thereof; (2) Not less than sixty days before issuing a notification under sub-section (1), the State Government shall cause to be published in the official Gazette and in the prescribed manner in the village and at the headquarters of the taluk in which the highway is situated, a notification stating that it proposes to issue a notification in terms of sub-section (1), and specifying therein all the lands situated between the highway boundary and the control line proposed to be fixed under such notification and in case of new works, also lands benefiting by the construction or development of the highway, as the case may be, together with a notice requiring all persons affected by such notification, who wish to make any objections or suggestions with respect to the issue of such a notification, to submit their objections or suggestions in writing to the Highway Authority or appear before such Authority, within two months of the publication of the notification in the official Gazette or within one month from the date of publication of the notification in the village, whichever period expires later. (3) The Highway Authority shall, after all such objections or suggestions have been considered or heard, as the case may be, and after such further enquiry, if any, as it thinks necessary, forward to the State Government a copy of the record of its proceeding held by it together with a report setting forth its recommendations on the objections or suggestions. (4) If, before the expiry of the time allowed by sub-section (2) for filing or hearing of objections or suggestions, no objection or suggestion has been made the State Government shall proceed at once to issue the notification under sub-section (1). If any such objection or suggestion has been made, the State Government shall consider the record and the report referred to in sub-section (3) and may either,— (a) abandon the proposal to issue the notification under sub-section (1), or (b) issue the notification under sub-section (1) with such modification, if any, as it thinks fit. (5) In considering the objections or suggestions the decision of the State Government on the question of issuing the notification under sub-section (1) shall be final and conclusive.

Within two months from the date of publication of the notification under sub-section (1) of section 7 fixing the highway boundary, building line and control line with respect to any highway, the Highway Authority shall cause a map to be made of the area through which such highway passes and shall cause to be marked thereon the highway boundaries, and building and control lines and any other particulars necessary for the purposes of this Act and within one month from the date of making any alteration or addition thereto cause the said map to be corrected and such map with the date indicated thereon of the last time when the same shall have been so corrected shall be kept in the office of the Highway Authority. Such map, which shall bear the seal of the Highway Authority shall be open to inspection. Copies of such map shall also be kept for inspection at such other places as may be prescribed.

Notwithstanding any law for the time being in force, no person shall erect, otherwise than in accordance with the permission of the Highway Authority, any building or make any permanent excavation or carry out any permanent development on any land situated between the highway boundary and the building line or between the building line and the control line. (1) Notwithstanding anything contained in any law, custom, agreement or instrument for the time being in force on or, after the appointed day, the following restrictions shall subject to the provisions of this Act, be in force, that is to say:- No person shall, without the previous permission in writing of the Highway Authority,— (a) upon any land lying between the highway boundary and the building 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 lay out any means of access to, or from, a highway, or (ii) erect any building, or (iii) materially alter any existing building, or (iv) make or extend any excavation, or (v) construct, form or lay out 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 lay out any means of access to, or from, a highway, or (ii) erect any building, or (iii) materially alter any existing building; (c) use any building or alter the use of any building already erected in a manner which in the opinion of Highway Authority, will, in any manner whatsoever, infringe any of the provisions of this Act or interfere with the use of a highway adjoining the land on which such building is erected. (2) Every person desiring to obtain such permission under sub-section (1) shall make an application in writing to the Highway Authority in such form and containing such information as may be prescribed in respect of the building, alteration, excavation works or means of access, as the case may be, to which the application relates. (3) On receipt of such application, the Highway Authority, after making such enquiries as it may consider necessary, shall, by order in writing, either,— (a) grant the permission, subject to such conditions, if any, as may be specified in the order, or (b) refuse to grant such permission: Provided that,— (i) permission under clause (a) of sub-section (1) to the making of any excavation or construction; formation or laying out of works in any land for the purpose of repairing, renewing, enlarging or maintaining any underground, sewer, drain, electrical line, pipe, duct or other apparatus shall not be withheld nor be made subject to any 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 or improvement of a road thereover will not be prevented or prejudicially affected thereby; (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 conforms 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 unreasonable 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 be made subject to restrictions unless such re-erection or alteration involves any material alteration to the outside appearance of the building. (4) When the Highway Authority refuses permission, the reasons therefor shall be recorded and communicated to the applicant: Provided that nothing herein contained shall disentitle a person from making a fresh application after omitting therefrom the objectionable features communicated to him as aforesaid on account of which such permission was refused. (5) If at the expiry of a period of three months after an application for such permission specifying 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 has elapsed and no decision has been notified in writing, posted or delivered to the applicant at that address, then (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 Highway Authority of any conditions. (6) The Highway Authority shall maintain 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 persons interested and such persons shall be entitled to take extract therefrom. Explanation.—For the purpose of this section the “appointed day” shall, with reference to any highway boundary, building line or control line, means,— (i) the day on which a notification is published in the official Gazette under sub-section (2) of section 7 proposing to fix such highway boundary, building line or control line, and (ii) if any modification is made in 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 the decision of the Highway Authority under section 9 withholding permission, or imposing any condition, he may appeal to the prescribed authority within thirty days from the date on which such decision was communicated to him. (2) The prescribed authority may, after giving an opportunity to the applicant to be heard, make such order as it thinks fit upon the appeal and its decision shall be final.

Nothing in section 9 shall affect the right of any person to continue in the building or maintenance of any building or the carrying out of any work which has been commenced before the date of the notification. No restriction in force under section 9 shall apply to erection or making of a building or excavation or to the construction, formation or laying out of any means of access or works begun before the appointed day referred to in section 9. (2) No restriction in force under section 9 except restriction as to the construction, formation or laying out of means of access, shall apply to any land forming part of a (3) No restriction in force under section 9 shall apply to any excavation or works necessary in connection with any drains, ditches, or other drainage works for agricultural purposes or to any works necessary for the repair, renewal, enlargement or maintenance of any sewer, drain, electric line, pipe, duct, or other apparatus, constructed in or upon the land before the date on which the restriction came into force or with the consent of the Highway Authority on or after that date.

Whenever any building or any part thereof erected before the appointed day referred to in section 9 lies between the building line and the middle of the highway, the Highway Authority may, whenever any such building or part, has either entirely or in greater part, been taken down, burnt down or fallen down, by notice require such building or part when re-erected to be set back to the building line or control line.

(1) The Highway Authority may, if it is considered essential in the interest of safety or convenience of traffic, regulate or divert any existing right of access to a highway across the land lying between the control line and the highway boundary: Provided that the existing right of access shall not be diverted until alternative access has been given. (2) Where the existing right of access is diverted, the point at which alternative access is given to the highway shall not be unreasonably distant from the existing point of access. (3) The Highway Authority shall, by notification in the official Gazette, publish the date on which the existing right of access has been diverted and alternative access has been given.

For the purpose of carrying out any of the provisions of this Act, the Highway Authority and the officers and servants appointed under section 6 may,— (a) enter upon, survey and take measurements and levels of any land; (b) mark such levels, dig or bore into sub-soil of any land; (c) demarcate the boundaries of the highway by planting stones or other suitable marks in different colours of a durable nature at intervals all along the highway in such a manner that the imaginary line adjoining such stones or marks shows the road boundary correctly; (d) where there are bends or kinks on the road boundary, locate the stone or marks in different colours so as to give the correct configuration of the boundary if they are joined by straight lines; (e) give consecutive numbers to such boundary stones or marks and maintain them on the ground as if they constituted part of the highway; (f) lay out the building and control lines by placing marks in different colours and cutting trenches; (g) if the survey cannot otherwise be made or measurements or levels taken or boundaries marked and lines laid out, cut down and clear away any standing crop, tree, fence, jungle or any part thereof; (h) do all other acts necessary in that behalf: Provided that the Highway Authority shall not, except with the consent of the occupier thereof, enter or permit any of the officers or servants to enter any premises without previously giving such occupier at least twenty four hours’ notice in writing of its intention to do so.

If any land is required for the purpose of a highway, the State Government may acquire such land or any right or interest therein in accordance with the law relating to the acquisition of land for public purposes. If at any time on the application of the Highway Authority, the State Government is satisfied that any land required for the purposes of a highway or any right or interest of any person in any land required for the said purposes should be compulsorily acquired or extinguished, as the case may be, it shall be lawful for the State Government to publish a notification to that effect in the official Gazette. Such notification shall also be published in such other manner as may be prescribed. A notification so published shall be deemed to be the declaration that the land is needed or, as the case may be the right or interest is required to be extinguished for the purposes of the highway; and such declaration shall be conclusive that the land is so needed, or the right or interest is so required to be extinguished.

The Highway Authority or any officer or servant authorised by the Highway Authority shall thereupon cause the land to be marked out. It shall also cause it to be measured and if no plan is made thereof, a plan to be made of the same.

The Highway Authority shall give public notice and such other notices as may be prescribed to all persons interested in the land intended to be acquired. (1) The Highway Authority shall then cause a public notice to be given at convenient places on or near such land stating that the State Government intends to take possession of the land, or as the case may be, to extinguish any right or interest in the land and that claims to compensation for all interest in such land, or any right or interest in land to be extinguished may be made to such officer as the Highway Authority may designate. (2) Such notice shall state particulars of the land so needed or right or interest in land to be extinguished and shall require all persons interested in the land or in the right or interest to be extinguished to appear personally or by agent before such officer as may be designated at the time therein mentioned (such time not being earlier than fifteen days after the date of the publication of the notice) and to state the nature of their respective right or interest in the land or, as the case may be, in the right or interest to be extinguished and the amount and the particulars of their claims to compensation for such right or interest or both and their objections, if any, to the measurements made under section 16. The Highway Authority may in any case, require such statements to be made in writing and signed by the party or his agent. (3) The Highway Authority shall also serve notice to the same effect on the occupier of such land and on all such persons known or believed to be interested therein or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf within the district in which the land is situate. (4) In case any person so interested resides elsewhere, a notice shall be served in the manner provided in section 71.

(1) The Highway Authority or the officer authorised by it may also require any such person to make or deliver to it or him at a time not being earlier than fifteen days after the date of requisition, a statement containing, as far as may be practicable, the name of every other person possessing any interest in the land or in any part thereof or, as the case may be, in any right or interest in the land to be extinguished as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits if any, received or receivable on account thereof in respect of three years next preceding the date of such statement. (2) Every person required to make or deliver a statement under this section or under section 17 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.

The Highway Authority may, after the completion of the acquisition proceedings, take possession of the land. At any time after the publication of the notification under section 15, the State Government may direct that the lands specified in the notification shall be taken possession of, or as the case may be, the right or interest specified therein shall be extinguished from such date as may be specified in the direction. From such date the said land shall vest absolutely in the State Government free from all encumbrances, or as the case may be, such right or interest therein shall be extinguished.