section 18
(1) When a claim is transferred for disposal under sub-section Amount of
The Manipur Highways Act, 1979Infrastructure197947 sections4 chapters
Part II HIGHWAY AUTHORITIES, THEIR POWERS & FUNCTIONS
Statutory text
3 of section 17 to an officer exercising the powers of a Collector Foy vend oder the land Acquisition Act, 1894, such officer shall make ag determined. award determining the amount of compensation payable to the claimant, :
- (2) The amount of compensation awarded under sub-section (1) shall in no case exceed the difference between the market value of the land when permission is refused and the market value which it would have had if permission had been granted.
- (3) No compensation shall be awarded under sub-section (1) ;
- (i) unless the claimant satisfies the officer making the award that of proposals for the development of the land, which at the date of application under sub-section (2) of section 14 were immediately practicable, or would have been practicable on that date if this Act had not been passed, were prevented or injuriously affected by the restrictions imposed under this Act and that there was demand for - such development, or
- (i) if and in so far as the land is subject so substantially similar restrictions in force under some other enactment which were so in force at the date when the restriction were imposed under this Act, or ~
- (iii) if compensation in respect of the same restrictions in force under this Act or of substantially similar restrictions in force under any other enactment has already been paid in respect of the land to the claimant or to any predecessor in interest - of the claimant.
- (4) The provisions of Part II, IV, V and VI of the Land Acquisition Act, 1894 shall, so far as may be apply to an award made under sub-section (1) as though it were an award made under that Act. CHAPTER—V PREVENTION OF UNAUTHORISED OCCUPATION OF HIGHWAY LAND AND REMOVAL OF ENCROACHMENTS =r 19. All lands forming part of a highway which do not already deemed vest in the State Goverament shall, for the purpose of this Chapter, government be deemed to be Government property. Hi 2. (1) N hall bh high ie - (1) No person shall occupy or encroach on any highway of umthe. land without obtaining the mmvion permission in writing of the highway rised occupa- authority or any officer authorised by the highway authority in this tion of behalf. highway . . land. (2) The highway authority or the authorised officer may, with due regard to the safety and convenience of traffic and subject to such conditions as may be imposed and such rules as may be prescribed by the State Government, and on payment of such rent or other charges as may be prescribed under such rules, permit any person ;
- (i) to place a movable encroachment on any highway in front of any building owned by him oi mae a movable structure over-hanging the highway.
- (ii) to put up a temporary awning or tent, pandal or other similar erections or a temporary stail or scaffolding on amy highway, or
- (iii) to deposit or cause to be deposited building materials, goods for sale cr other artizles on any highway, or
- (iv) to make a temporary excavation, for carrying out any -Tepairs or improvement to adjoining buildings. Provided that vo such permission shall be deemed to be valid beyond a period of one year unless expressly renewed by the highway authority or the authorised officer. A
- (3) The permission so granted shail clearly specify the date upto, whica the person is authorised to occupy the highway land, the: purposes for which occupation is authorised and the exact portion of the highway permitted to be occupied, and shall also be accompanied by a plan or sketch of that portion of the highway, if Decessary.
- (4) The person in whose favour such a permission has been given shall produce the permit for inspection whenever called upon to do so by any highway official and shall at the end of the period prescribed in the permit release the land occupied by him after resorting it to the same state as before occupation by him.
- (5) The highway authority or the officer issuing the permission shall maintain a complete record of ail such permissions issued, and shall also cause a check-up to be made in every case at the expiration of the period up to which occupation has been authorised to ensure that the land has actually been vacated. 15
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