Prohibition of constructions in or over public roads, etc

Not- withstanding anything contained in this Act no person shall, (a)build any wall or erect any fence or other obstruction or projection or make any encroachment whatsoever, whether permanent or temporary, in or over any public road; (b) 175 176 [Construct any building or structure other than a compound wall in any land abutting any National Highway, State High way, District roads or any other roads notified by the village panchayat within a distance of three metres from the boundary of his land abutting the road: 176[Provided that, the said limit of three metres shall not be applicable for the construction of 1 st floor or 2 nd floor or both upon a building, existing on the date of coming into force of this Act: Provided further that, any path, bridge or similar constructions used solely for entering into any building or weather shade or sun-shade forming part of the building may, subject to the rules regarding construction of building, be constructed within the said three metres limit: Provided also that, when an existing portion of a building is to be demolished for the implementation of a Town Planning Scheme it shall not be in such a manner that it would adversely affect the remaining building or the additions to be made, and the full responsibility of the safety and stability thereof shall vest with the owner of the building, and when he has to undertake such a demolition it shall be done at his own expense and responsibility, and he shall not be eligible for any damages for the said construction and for this purpose a consent certificate shall be produced along with the application]. (c)make any hole or deposit any material in or upon any public road; (d)work a quarry to remove stone, earth, rubble or other material from any place within twenty metres of a public road or of other immovable property vesting in or belonging to a Panchayat: Provided that nothing in this clause shall be deemed to apply to any work which in the opinion of the village panchayat, is done in connection with a bonafide agricultural operation; (e)erect any building over any sewer or drains or part thereof; (f)plant any tree on any public road or other property vesting in or belonging to a village panchayat; or substituted by Act 13 of 1999. Substituted by Act 13 of 2000. (g)fell, remove, destroy, lop or strip, bark, leaves or fruits from, or otherwise damage, any tree which is growing on any such public road, other property, poramboke or land, the use of which is regulated by a village panchayat and the right of which has not been established by such person or vesting in or belonging to him.

176[Provided that, the said limit of three metres shall not be applicable for the construction of 1 st floor or 2 nd floor or both upon a building, existing on the date of coming into force of this Act: Provided further that, any path, bridge or similar constructions used solely for entering into any building or weather shade or sun-shade forming part of the building may, subject to the rules regarding construction of building, be constructed within the said three metres limit: Provided also that, when an existing portion of a building is to be demolished for the implementation of a Town Planning Scheme it shall not be in such a manner that it would adversely affect the remaining building or the additions to be made, and the full responsibility of the safety and stability thereof shall vest with the owner of the building, and when he has to undertake such a demolition it shall be done at his own expense and responsibility, and he shall not be eligible for any damages for the said construction and for this purpose a consent certificate shall be produced along with the application]. (c)make any hole or deposit any material in or upon any public road; (d)work a quarry to remove stone, earth, rubble or other material from any place within twenty metres of a public road or of other immovable property vesting in or belonging to a Panchayat: Provided that nothing in this clause shall be deemed to apply to any work which in the opinion of the village panchayat, is done in connection with a bonafide agricultural operation; (e)erect any building over any sewer or drains or part thereof; (f)plant any tree on any public road or other property vesting in or belonging to a village panchayat; or substituted by Act 13 of 1999. Substituted by Act 13 of 2000.

(g)fell, remove, destroy, lop or strip, bark, leaves or fruits from, or otherwise damage, any tree which is growing on any such public road, other property, poramboke or land, the use of which is regulated by a village panchayat and the right of which has not been established by such person or vesting in or belonging to him.