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section 7

When the compatent authority has sanctioned the highway Power to do

The Manipur Highways Act, 1979
Infrastructure197947 sections4 chapters
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Part II HIGHWAY AUTHORITIES, THEIR POWERS & FUNCTIONS

Statutory text

scheme prepared in pursuance of Section 6 and provided the necessary a dos” finances for its execution, the highway authority shall proceed to carry olay out the work and may, for this purpose :— schemes.

  1. (1) enter into and perform all such contracts on behalf of the competent authority as may be considered necessary,
  2. (2) make arrangements for the acquisition of the lands required under the scheme by outright gift or purchase by agreement with the owner or owners, or, failing such agreement, by resort to the procedure set out in the Land Acquisition Act, 1894,
  3. (3) turn, divert or close either temporarily or permanently any existing highway or portion thereof, and
  4. (4) regulate, subject to such rules as may be prescribed in this behalf, the kind, number and speed Of vehicles using any highway or portion thereof by means of barrier, diversion roads or other means. R. (1) A highway authority shall maintain authoritative plans Maintenance for the highways in its charge. of highway Plans’
  5. (2) Such plans shall show clearly the boundaries of the highways, the detailed measurements of road widths, the distances between bouadary marks and sufficient measurements from fixed points to enable the refixation in position of boundary marks in case they have been displaced or tampered with, .
  6. (3) The highway authority shall have all such authoritative plang prepared after having a survey made of the highway lands and their boundaries in the manver prescribed in Chapter X and in accordance with the record of that survey as notified under section 51 and modified, as may be under section 52. 9. (1) The highway authority shall have the boundaries of the Demarcation highways in its charge demarcated with reference to the authoritative of road plans maintained by it, by planting stones or other suitable marks of boundaries. a durable nature at intervals all along the highway in such a manner that the imaginary line joining such stones or marks shows the road boundary correctly.
  7. (2) Where there are bends or links in the road boundary, the stones or marks shall be so located as to give the correct configuration of the boundary if they are joined by straight lines. x
  8. (3) The boundary stonss or marks, which may be given consecutive numbers, shall bs maintained on the ground as if they constitute - part of the highway.
  9. (4) Where standard widths have been prescribed for any highway usder section 11, the distance between the highway boundaries so demarcated shall correspond to that width. Adtoal 10. (1) Tt shall be the duty of the highway authority to conduct road boun- 20 annual check of the boundaries of the highway in its charge dares. with a view to the location of unauthorised encroachments, if any,
  10. (2) When the highway authority is satisfied that an unauthorised encroachment has been made on highway land, it shall take immediate steps as specified in Section 21 for the removal thereof. CHAPTER—IV PREVENTION OF RIBBON DEVELOPMENT ALONG AND CONTROL OF ACCESS TO HIGHWAYS Standard 11. (1) the highway authority may, with the previousapproval widths of of the State Government, prescribe a standard width for any highway bighways. in jts charge. © (2) The standard width may be different in different portions of the same highway accordisg to local needs.
  11. (3) When ahighway authority proposes to prescribe a standard width in respect of any highway or a portion thereof, it shail notify the proposai in the official gazette and invite objections, if any, to be submitted to it within sixty days of the date of publication of the notification.
  12. (4) The notification shall also be published io at Jeast two newspapers, one at least of which shall be in the local language, circulating in the locality where the highway is situated, and, in addition, copies of the notification shall be prominently displayed in a number or places in the locality.
  13. (5) All objections received within the prescribed period shall be taken into account by the bighway authority before finalising its proposal for submisson to the State Government.
  14. (6) The State Government may reject or sanction the proposal with or without modifications, and shall publish their orders in the official gazette.
  15. (7) When the State Government's orders sanctioning the proposal with or without modification has been issued, the highway authority shall cause further publicity to be given to the standard width, as finally approved, inthe same manner as prescribed, in sub-section (4), and the records so published shall thereupon be conclusive prouf that the standard width so determined and recorded therein has been correctly determined and recorded. I by E
  16. (8) In determining the standard wid:h, the highway authority and the State Government shall take into account the requirements of public health and welfare and of safety and convenience for all classes of traffic, including pedestrians and cyclists, likely to use the \ highway.
  17. (9) The standard width so determined may at any time be altered but the procedure for such alteration shall be the same as prescribed for the determinaticn of the original standard width,
  18. (10) The highway authority shall, as early as economicaliy practicable after the prescription of the standard width, acquire either by direct negotiation or, failing such pegctiaticn, by compulsory acquisition under the Land Acquisition Act, 18¢4, all land lying within the standard width not already forming part of the highway land. 12. (1) The highway authority may, with the previous approval Prescription of the State Government, detern.ne a building line and a control of building line in respect of any highway or part of a highway in its charge lines. along one or both sides of the highway.
  19. (2) The distance between the middle of a highway and the building Jine or that between the building line and the contro] line, which shall be fixed with due regard to the requirements of safety and convenience for traffic and of public health welfare, may vary in different portions of the highway according to local conditions.
  20. (3) When a highway avthority proposes to determine a building and a control line in respect cf a highway, the same procedure shall as far as applicable ie foi'owed as prescribed under sub-section
  21. (3) to (7) of section 11 fcr the prescription of standard width,
  22. (4) The building and control lines as finally determined shall be demajcated on the ground by distinctive stones or other suitable marks which may be painted with different colours and serially numbered. . 13. (1) Notwithstanding anything contained in any other law for Restriction the time being in force, it shall be unlawful for any person, except of building the highway authority or any person working on behalf of the highway Dewees thy authority. highway and: the building:
    • (a) to construct orlay out any means of access 10 or from line. a highway,
    • (b) to erect or re-erect any building or materially alter fhe outside appearance of any existing building.
    • (c) to make any excavation, or
    • (d) to construct, form or lay outany works, upon land lying nearer to the middle of a highway than a distance equal to. one-half of its. standard width prescribed under section E H,-or upon land lying in ‘between the boundary of a high- way and the building iine determined. in - respect of: the highway under section 12. Provided, however, these restrictions shall not apply to any works unecessary 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 restrictions came into force or, with the consent of the highway authority, on or after that date. 2. Shou'd any building (including a wall) or any part thereof lie within the area between the building line and the middle of a highway, the highway authority may, whenever such building or h part has been either entirely or in greater part taken down or burnt down or bas fallea down, by notice require such buildiag or part when rebuilt to be set back to the building line. Restriction 14. (1) Notwithstanding anything contained in any law for the oa buildiog time being in force, no person shall erect or re-erect any building = Detueen or structure or make or extend any excavation or construct, form or and the con lay out any means of access to a highway upon land lying in between trol lines, the building and control lines determined in respect of the highway, except with the previous permission of the highway authority in writing.
  23. (2) Every person des‘ring to obtain the permission referred to in sub-section (I) shall make an application in writing to the highway authority in such form and containing such information in respect of the building, excavation or means of accass to which the application relates, and together with such fees as may be prescribed.
  24. (3) On receipt of such application, the highway authority after making such enquiriss as it may consider necessary, shall by order in writing either;
    • (a) grant the permission, subject to such reasonable Conditions, if any as may be specificd in order, or
    • (b) refuse to grant such permission.
  25. (4) The highway authority shall not ordinarily refuse permission to:
    • (a) the erection of a building or structure or the making of or ‘extendiog an excavation which conforms to the require- ments of public health and welfare and of safety and © convenience of traffic on the adjoining highway, or
    • (b) the re-erection of a building or structure which was in existence on the date on which the restrictions under Sub-section (1) came into force, unless such re-erection involved any material alteration to the outside appearance of the building or structure.
  26. (5) When the highway authority refuses the permission, the reasons therefore shall be recorded and communicated to the applicant.
  27. (6) In the event of refusal, the applicant may submit fresh application for permission to the highway authority, avoidiag the objectionable features on account of which the first application was refused and such a fresb application shall be considered by the highway authority as if it were made for the first time.
  28. (7) If at the expiration of a period of three months after an -application has under Sub-section (I) or Sub-section (6) been made to the highway authority, no order in writing has been passed by that authority, permission shall be deemed to have been given without the imposition of any conditions. Provided that no such automatic grant of permission shall be presumed if the application is one for the costruction, formulation or laying out of any means of access.
  29. (8) The highway authority shall maintain a register with sufficient particulars of all permissions givea 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 extracts therefrom.
  30. (9) Any person aggrieved by an order under Sub-section (2) granting permission subject to conditions or refusing permission, may within thirty days from the date of such order prefer an appeal to the State Government whose order in th: matter shall be final, 15. (I) The highway authority may with, the written approval Declaration of the State Government, declare a highway or any portion ofit fo of limited be a limited access highway. fd high
  31. (2) When a highway authority proposes to make any such de- -claration, th: same procedure shall, as far as applicable, be followed as prescribed under Sub-secticns (3) to (7) of Section 11 for the prescription of standard widths.
  32. (3) It shall be ualawful for any person to lay out a new means cof access to a limited access highway for vehicles or pedestrians, except with the specific permission of the highway authority.
  33. (4) The procedure for obtaining the permission of the highway aathority for this purpose shall be the same as prescribed in Section 14 and in the event of refusal of pzrmission the applicant shall have the right of making a fresh application to that authority and the : right of appeal to the State Government in the same] manner as provided for in that Section.
  34. (5) When any highway or part of it has been declared to be a limited access highway, the highway authority shall, within six months of the final publication of the declaration or-such longer time as may be specially allowed by the State Government in any individual - case, prepare a plan of such highway or part showing the points 0a which access shall, if applied for in accordance with sub-section {4), be permitted. n
  35. (6) A plan so prepared shall be available for inspection by the public in the office of the highway authority free of charge at all reasonable times, and copies of it shall be made available to any member of the public on application to the highway authority and on payment of such reasonable cost as may be prescribed. 16. (1) The highway authority may, if it is considered essential Regulation in the interests of safety of convenience of traffic, regulate or divert of division any existing right .of accessto a highway across land lying between of xl a the control line and the highway boundary. . access.
  36. (2) Where an existing right of access is diverted, the point at which alternative access is given to the highway shall not be unreascnably distaot from the existing point of access.
  37. (3) In the case of existing village tracks and lanes giving access to a highway to right angles, the alternative access that may be provided shall as far as possible have a diagonal approach to the highway. ' Compen- 17. (1) Notwithstanding anything contained in any law for the: 3 time being in force, no person shall be entitled to claim any compen- sation for any injury, damage or loss caused or alleged to have beer. caused as aresult of :
    • (a) the restrictions imposed against the erection or re-erectiom: of a building or the making or extending of any excavatiom or the laying out of any means of access on or across lard lying in between the control line and the middle of a highway under Sub-section (1) of Section 13 or sub-sectiom
  38. (1) of Section 14;
    • (b) the regulation or diversion under Section 16 of the existing’ rights of access across lands lying within the control line and the highway boundary, and
    • (c) the refusal of permission to the laying out of new means of access to a limited access bighway under sub-section
  39. (3) of Section 15. Provided that compensation shall be payable by the highway authority;
  40. (1) where in compliance with the notice served by the highway authority under sub-section (2) of Section 13 a building or part thereof has been set back to the building lice of apy highway, and
    • (ii) where permission to erect or re-erect a building im: the area lying in between the control line and building line of ahighway has been finally refused under Section 14.
  41. (2) Wheie compensation js payable uncer the proviso to sub- section (1), the claimant way, within three mcnths of the date of notice issued by the highway authority under sub-section (2) of Section 13 or within three months of the date of final refusal of permission under Section 14, as the case may be, make to the State Government his claim for compensation. )
  42. (3) On receipt of the claim under sub-section (2), the State Government shall transfer it for dispose] to an officer exercising the powers of a Collector under the Land Acquisition Act, 1894.
  43. (4) Nothing in this section shall be deemed to preclude the scttlement of a claim by mufual agreement, 18. (1) When a claim is transferred for disposal under sub-section Amount of 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, :
  44. (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.
  45. (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.
  46. (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
  47. (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.
  48. (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.
  49. (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. 21. (1) When, as a result of the annval check of highway Removal of boundaries made under section 10, or otherwise, it transpires that amorduch- an encroachment bas taken place on highway land, the highway men authority or any officer authorised in this behalf shall serve a notice on the person responsible for the encroachment or his representative requiring him to remove such encroachment and restore the land to its original condition before encroachment which the period specified in the notice.
  50. (2) The notice shall specify the land encroached upon and the time limit within which such encroachment shall be removed and shall also state that failure to comply within the prescribed period shall render the person liable to prosecution and also to summary eviction.
  51. (3) If the encorachment is not removed by the person or his representative within the time-limit prescribed in the notice and no valid cause is shown by him for non-compliance, the high authority or the authorised official may prosecute him before the appropriate magistrate for his having made or caused the encroachment and for his failure to remove it within the prescribed time.
  52. (4) Where the encroachment is petty or of trivial nature, e.g. exposing articles for sale, opening temporary hooths for vending. etc. the high- way authority or the authorised official may with the help of the police if necessary have it summarily removed without the formality of issuing a notice as required under sub-section (1), or in lien of removal of the encroachment option of executing a lease in favour of the highway authority for payment of rent for the area encroached upoa. .
  53. (5) When the encroachment is of a temporary nature and can easily be removed but is not such as can be described as petiy or trival within the meaning indicated in sub-section (4), the highway authority or the authorised official may in addition to or in lien of prosecuting the person responsible for the encroachment under sub-section {3) havs the encroachment summarily removed with the assistance of the police, if necessary.
  54. (6) Where the encroachment is of such a nature that its immediate removal is considered essential in the interest of safety of traffic on the highway or the safety of any structure forming part of the highway and no notice can be served immediately on the person responsible for the encroachment or his representative under sub-section (1) owing to his absence or for any other reason, the highway authority or the authorised official may, in addition to prosecution of the person under sub-section (3), either —
    • (i) have such protective work as may be feasible at a rea- sonatle cost carried out so as to minimise the danger to traffic on the highway, or
    • (ii) have the encroachment removed with the help of tbe . police, if necessary. B “ H
  55. (7) Where the encroachment is of a permanent nature and has been in existence for some time but not long enough to create a prescriptive right by adverse possession, and the person responsible for the encroachment or his representative has not arranged for its removal even after he has been prosecuted under sub-section (3) and convicted, a fresh notice for its removal shall be served on him by the highway authority or the officer authorised under sub-section (1), and in the event of his failure to comply with that notice also, the highway authority or the authorised official shall institute a second prosecution against him and simultaneously apply to the magistrate having local jurisdiction to order the removal of the encroachment, and. the magistrate shall thereupon have the encroachment removed. Injunction en 22. (1) Where the person on whom: notice to remove an he ghway encroachment has been served under sub-section (1) of Section 21, desist from lays claim that the Jand in respect of which encroachment has been removal of alleged is his property or that he has acquired a prescriptive right enchroach- over itby virtue of adverse possession, he shall within the time limit meat. prescribed in the notice for the removal of the encroachment, file a suit in a competent civil court and also get an injuction on the highway authority to desist from taking further action in the matter till the suit has been disposed of.
  56. (2) When such an injuction has been issued, the highway authority or the authorised officer shall suspend further action until the suit filed by the person has been disposed of. Recovery of 23. (1) Whenever a highway authority or the officer authorised Sos of rem under sub-section (1) of Section 21 has under the provisions of that enchoach- Section removed any encroachment or carried out any proteetive ments. work in respect of any encroachment, the actual expenditure involved, together with 15 per cent for overbead charges shall be recovered from the person responsible for the encroachment in the manner hereinafter provided.
  57. (2) A bill, representing the actual expenditure and the overhead charges, shall be served by the highway authority or the authorised officer referred to on the person responsible for the encroachment or his representative with a direction to pay up the total amount within a specified date to the authority mentioned in the bill.
  58. (3) The bill shall be accompanied by a certificate from the highway authority or the authorised officer to the effect that the amount of expenditure indicated in the bill represents the charges incurred and such a certificate shall be conclusive proof that the charges had actually been incurred and shall not be questioned in any civil court.
  59. (4) The materials, if any, recovered as aresult of the removal of any encroachment shall be handed over to the person responsible for the encroachment on payment of the bill by him but in the event of bis failure to pay up the bill within the specified date, the mate- rials may be auctioned and after deducting the amount of the bill from the procceeds, the balance if any, shall be made over to him. '
  60. (5) If the proceeds of the auction sale do not cover the total billed amount, the excess over the amount realised by the sale of materials or if there are no materials to dispose of and the billed amount has not been paid bythe person responsible for encroachment within the prescribed date, the entire amount of the bill shall be recovered as arrear of land revenue. CHAPTER—VI

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