Vidhi Codex

The Maharashtra Highways Act

The Maharashtra Highways Act

Infrastructure195599 sections10 chapters

The Maharashtra Highways Act regulates the declaration, development, and maintenance of public highways while strictly restricting construction along road safety zones. This law applies to the state government, appointed highway authorities, and all landowners, occupiers, or developers with properties located near designated highways. It matters because it establishes legal boundaries and buffer lines, requiring individuals to obtain official government permission before they can build, excavate, or create any new means of access to the highway. By preventing unauthorized construction and encroachments, this legislation actively protects public commuter safety, permits future road expansions, and ensures efficient traffic flow across the entire state of Maharashtra.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.

Chapter II DECLARATION OF HIGHWAYS, HIGHWAY AUTHORITIES AND THEIR POWERS AND FUNCTIONS →

  1. 3Declaration of roads, ways or lands as highways.
  2. 4Appointment of Highway Authorities.
  3. 5Powers and duties of Highway Authorities.
  4. 6Officers and servants of Highway Authority.

Chapter III RESTRICTION OF RIBBON DEVELOPMENT →

  1. 7Power to fix boundary, building and control lines of Highways.
  2. 8Map to be prepared and maintained.
  3. 9Restrictions on buildings between highway boundary and building line and between building and control lines.
  4. 10Appeal.
  5. 11Exemptions for works in progress, etc.
  6. 12Setting back of buildings to building line or control line.
  7. 13Regulation or diversion of right of access to highway.
  8. 14Powers of Highways Authority and officers and servants appointed under section 6 in respect of surveys.
  9. 15Power to acquire land, etc.
  10. 16Power to enter or survey, etc.
  11. 17Hearing of objections.
  12. 18Declaration of acquisition.
  13. 19Powers to take possession.
  14. 19ARight to enter into land where land vested in State Government.
  15. 19BDetermination of amount payable as compensation.
  16. 19CDeposit and payment of amount.
  17. 19DLand acquisition officer to have certain powers of civil court.
  18. 19EDeleted.

Chapter IV PREVENTION OF UNAUTHORIZED OCCUPATION OF AND ENCROACHMENT ON, A HIGHWAY AND REMOVAL OF ENCROACHMENT →

  1. 20Lands forming part of highway deemed to be Government property.
  2. 21Prevention of unauthorized occupation of highway.
  3. 22Power to cancel permit.
  4. 23Prevention of encroachment.
  5. 24Appeal against notice served under sub-section (1) of section 23.
  6. 25Recovery of cost of removal of encroachment.

Chapter V COMPENSATION →

  1. 26Doing minimum damage in certain cases and compensation.
  2. 27Determination of amount of compensation by agreement.
  3. 28Determination of amount of compensation in default of agreement.
  4. 29No compensation if similar restrictions in force under any other law or if compensation already received.
  5. 30Compensation for refusal of permission to build not to exceed difference between its value when it was refused and when it would have been granted.
  6. 31Compensation for diversion of access not to exceed cost of alternative access.
  7. 32Compensation for cutting of standing crops, trees, etc.
  8. 33No compensation for unauthorized erections.
  9. 34No compensation for removal of encroachment.
  10. 35Reference against award of Highway Authority or authorized officer under section 28.
  11. 36Procedure and powers of the authorities empowered to decide references under sections 35 and 44.
  12. 37Commissioner of Police or District Superintendent of Police to enforce, surrender or remove any encroachment.
  13. 38Decisions of authorities under section 35 and 44 to be enforced as decrees of civil court.
  14. 39Payment of compensation awarded.
  15. 40Payment by adjustment.

Chapter VI LEVY OF BETTERMENT CHARGES →

  1. 41Notice to owners and persons interested.
  2. 42Inquiry and order.
  3. 43Increase in value and betterment charges.
  4. 44Reference against order of authorised officer under section 42.
  5. 45Finality of order fixing betterment charges and of decision on reference.
  6. 46Betterment charges to be first charged on land next to land revenue.
  7. 47Payment of betterment charges.
  8. 48Relinquishment of or exchange of land in lieu of payment of betterment charges.

Chapter VII SUPPLEMENTAL PROVISIONS TO SECURE SAFETY OF TRAFFIC AND PREVENTION OF DAMAGE TO HIGHWAYS →

  1. 49Prevention of danger arising from obstruction of view, etc. of persons using any highway.
  2. 50Highway Authority to regulate traffic when highway declared unsafe.
  3. 51Prohibition of use of heavy vehicle on certain highways.
  4. 52Procedure to be followed when Highway Authority desires permanently to close any highway.
  5. 53Consent of Highway Authority required to do certain acts on highway.
  6. 54Prevention and rectification of damaged highway.

Chapter VIII PENALTIES →

  1. 55Disobedience of orders, instructions and refusal to give information, etc.
  2. 56Contravention of restrictions relating to access or erecting any building, etc.
  3. 57Unauthorized occupation of highway.
  4. 58Causing damage to highways.
  5. 59General provision for punishment of offences.
  6. 60Power to compound offences.

Chapter IX MISCELLANEOUS →

  1. 61Powers and duties of police.
  2. 62Duties of village officials.
  3. 63Power to utilise highway for other than road purposes.
  4. 63APower of Highway Authority to dispose land.
  5. 64Summary eviction.
  6. 65Inquiries to be held summarily.
  7. 66Registration of map made under section 8 not required.
  8. 67Certain persons to be public servants.
  9. 68Bar of jurisdiction.
  10. 69Protection of persons acting in good faith and limitation of suit or prosecution.
  11. 70Service of notices and bills.
  12. 71Power to make rules.
  13. 72Savings.
  14. 73Provisions of this Act or rules to prevail over inconsistent provisions in other laws.
  15. 74Building and control lines along national highways and levy of betterment charges.
  16. 75Repeal and saving.

Chapter IIIA LAND POOLING SCHEME →

  1. 19FIdentification of area for Scheme.
  2. 19GDeclaration of intention and issue of final notification of Scheme.
  3. 19HVerification of title of land and extent of consent.
  4. 19IDisputed Ownership.
  5. 19JAcquisition of land of land owners not participating in Scheme.
  6. 19KPublication of draft and final layout.
  7. 19LVesting of land with Highway Authority.
  8. 19MAllotment of developed non-agricultural plot or land.
  9. 19NLand Pooling Ownership Certificate.
  10. 19OExemption from payment of registration fee, stamp duty, etc.
  11. 19PPower to take possession of land.
  12. 19QIncorporation of land in development plan.
  13. 19RResponsibilities of owner of developed non-agricultural plot or land.
  14. 19SImplementation of Scheme.
  15. 19TCompletion of Scheme.
  16. 19UInfrastructure maintenance.
  17. 19VDelegation of powers.
  18. 19WRestrictions on development of land in Scheme area.

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