Power to fix boundary of building and control lines of highways.

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.