The Nagaland Highways Act 1967

(1) This Act may be called the Nagaland Highways Act, 1967. (2) It shall extend to the whole of the State of Nagaland. (3) It applies to the highways of the State except the National Highways, declared as such by the Central Government under the National Highways Act, 1956. (4) This section shall come into force at once. The State Government may, by notification in the Official Gazette, direct that all or any of the remaining provisions of this Act shall come into force in such area and on such date as may be specified in the notification; Provided that the State Government may, by notification issued in like manner, exclude any roads or ways or class of roads or ways situated in such area from the operation of all or any of the provisions of this Act.

In this Act, unless the context otherwise requires – (a) “animal” means any domestic or captive animal. (b) “building” includes any erection of whatsoever material and in whatsoever manner constructed (including a farm building for agricultural purposes) and also includes plinths, door-steps, walls (including compound walls and fences) advertisement boards and the like. (c) “building line” means a line on either side of any highway or part of a highway fixed in respect of such highway or part by a notification under sub-section (1) of Section 7; (d) “Cantonment” means a Cantonment established under the Cantonments Act, 1924 (2 of 1924); (e) “Control line” means a line on either side of a highway or part of a highway beyond the building line fixed in respect of such highway or part by notification under sub-section (1) of section 7; (f) “encroachment” means any unauthorized occupation of any highway or part thereof and includes an unauthorized – (i) erection of a building or any other structure, balconies porches, projection on or over or overhanging the highway; (ii) occupation of a highway beyond the prescribed period, if any, for stacking building materials or goods of any other description, for exhibiting articles for sale, for erecting poles, awnings, tents, pandals, hoardings and other similar erections or for parking vehicles or stabling animals or for any other purposes; (iii) excavations or dumps of any sort made or extended on any highway or underneath such highway; (g) “to erect” with its grammatical variations in relation to a building means to construct, reconstruct, extend or alter structurally a building; (h) “excavation” relating to any piece of all does not include any working which do not piece the surface of that piece of land, but includes wells and tanks; (i) “highway” means any road or way over which the public have a right of way or are granted access and which is declared to be a highway under section 3. The Expression Includes (i) any land acquired or demarcated with a view to constructing a highway along it; (ii) the slopes, berms, barrow-pits, footpaths, pavements and side, catch and boundary drains attached to such a road or way; (iii) all bridges, culverts, causeways, carriageways and other structures built on or across such road or way; and (iv) the trees, fences posts, boundary, half kilometre and kilometre stones and other highway accessories and materials and materials stacked on the road or way; (j) “Highway Authority” means the authority appointed as such or to which the functions of such authority are entrusted under section 4; (k) “Highway boundaries” means the boundaries of a highway fixed in respect of such highway by a notification under sub-section (1) of section 7; (l) “means of access” includes any means of access whether private or public, for vehicles or for foot passengers and includes any street; (m) “middle of highway” means a point halfway between the highway boundaries; (n) “occupier” includes. – (i) any person who for the time being, is paying or is liable to pay to the owner rent or any portion of the rent of the premises in respect of which such rent if paid or is payable; (ii) any owner living in or otherwise using the premises; (iii) rent-free tenant; (iv) any person who is liable to pay to the owner damages for the use and occupation of any premises; (o) “owner” means. – (a) When used with reference to any premises, the person who receives the rent of the said premises or who would be entitled to received the rent thereof if the premises were let and includes, - (i) an agent or trustee who receives such rent on account of the owner; (ii) an agent or trustee who receives the rent of or is entrusted with, or concerned for, any premises devoted to religious or charitable purposes; (iii) a receiver or manager appointed by any court of competent jurisdiction, and (iv) a mortgagee-in-possession; (b) When used with reference to an institution or a body corporate, the manager of such institution or body corporate; (p) “prescribed” means prescribed by rules made under this Act; (q) “Railway administration” has the same meaning as in the Indian Railways Act, 1890 (9 of 1890); (r) “Vehicle” includes a barrow, sledge, plough drag and a wheeled conveyance of any description capable of being used on a highway; (s) the expressions “land” “persons interested” and “persons entitled to act” used in this Act shall have the same meaning as the said expressions have in the Land Acquisition Act, 1894 (1 of 1894).

The State Government may, by notification in the Official Gazette, declare any road, way or land to be a highway and classify it as. – (i) A State highway (special) (ii) A State highway; (iii) A major district road; (iii) Other district road; or (iv) A village road.

The State Government may, by notification in the Official Gazette appoint for the purpose of this Act or any of its provisions, any person or any authority to be a Highway Authority for all highways in the State or in parts of the State, or for any particular highway or highways in the State specified in the notification.

Subject to such conditions as may be specified in the notification appointing a Highway Authority and subject to the general or special orders of the State Government, a Highway Authority shall exercise powers and discharge duties in accordance with the provisions of this Act, for the restriction of ribbon development along highways, for the prevention and removal of encroachments and for all matters necessary and incidental to any or all of the above subject. Subject to the approval of the State Government and to such general or special order which the State Government may make in this behalf, it shall be lawful for a Highway Authority to undertake the construction, maintenance development or improvement of highways.

For the purpose of enabling a Highway Authority to exercise the powers conferred and to discharge the duties imposed upon it by or under the provisions of this Act, the State Government may appoint such officers or servants as it deems necessary to work under such Authority.

Within two months from the date of publication of the notification under sub-section (1) of section 7 fixing the highway boundary, building line and control line with respect to any highway, the Highway Authority shall cause a map to be made of the area through which such highway passes and shall cause to be marked thereon the highway boundaries and building and control lines and any other particulars necessary for the purposes of this Act, and within one month from the date of making any alteration or addition thereto cause the said map to be corrected and such map with the date indicated thereon of the last time when the same shall have been so corrected shall be kept in the office of the Highway Authority. Such map which shall bear the seal of the Highway Authority shall be open to inspection. Copies of such map shall also be kept for inspection at such other places as may be prescribed.

(1) Notwithstanding anything contained in any law, custom, agreement or instrument for time being in force on or after the appointed day, the following restrictions shall, subject to the provisions of this Act, be in force, that is to say, - No person shall, without the previous permission in writing of the Highway Authority. – (a) upon any land lying between the highway boundary and the building line proposed to be fixed under sub-section (2), or fixed under sub-section (1) of section (7), as the case may be. – (i) construct, form or lay out any means of access to, or from, a highway, or (ii) erect any building, or (iii) materially alter any existing building; or (iv) make or extend any excavation; or (v) construct, form or lay out any works; or (b) upon any land lying between the building line and the control line proposed to be fixed under sub-section (2), or fixed under sub-section (1) of section (7), as the case may be; (i) construct, form or lay out means of access to, or form a highway, or (ii) erect any building; or (iii) materially alter any existing building; (c) use any building or alter the use of any building already erected in a manner which in the opinion of the Highway Authority, will in any manner whatsoever, infringe any of the provisions of this Act or interfere with the use of a highway adjoining the land on which such building is erected. (2) Every person desiring to obtain such permission under sub-section (1) shall make an application in writing to the Highway Authority in such form and containing such information as may be prescribed in respect of the building, alteration, excavation works or means of access, as the case may be, to which the application relates. (3) On receipt of such application, the Highway Authority, after making such enquiries as it may consider necessary, shall, by order in writing, either, - (a) grant the permission, subject to such conditions, if any, as may be specified in the order, or (b) refuse to grant such permission; Provided that, - (i) Permission under clause (a) of sub-section (1) to the making of any excavation or construction, formation or laying out of works in any land for the purpose of repairing, renewing, enlarging or maintaining any under-ground , sewer, drain, electrical line, pipe, duct or any other apparatus shall not be withheld nor be made subject to any conditions save such as may be necessary for securing that the sewer, drain, electric line pipe, duct or other apparatus shall be laid in such manner and at such levels, that the construction, maintenance, development or improvement of a road, thereover will not be prevented or prejudicially affected thereby; (ii) permission under clause (b) of sub-section (1) to the erection or alteration of a building or laying out and means of access to a highway which conforms to the requirements of public health, and welfare and of safety and convenience of traffic on the adjoining road shall neither be withheld nor made subject to unreasonable condition. Provided that in the case of means of access required for agricultural purposes such permission shall neither be withheld nor be made subject to any conditions save such as may be necessary for securing that the means of access shall be used for agricultural purposes only; (iii) permission under clause (b) of sub-section (i) to the re-erection or alteration of a building which was in existence before the appointed day shall neither be withheld nor made subject to restrictions unless such re-election or alteration involves any material alteration to the outside appearance of the building. (4) When the Highway Authority refuses permission, the reasons thereof shall be recorded and communicated to the applicant; Provided that nothing herein contained shall disentitle a person from making a fresh application after omitting therefrom the objectionable features communicated to his as aforesaid on account of which such permission was refused. (5) If at the expiry of a period of three months after an application for such permission specifying the name and address of the applicant has been made to the Highway Authority, or such further period not exceeding three months as may have been notified by the Highway Authority has elapsed and no decision has been notified in writing, posted or delivered to the applicant at the address, then (except as may otherwise be agreed in writing between the Highway Authority and the applicant) permission shall be deemed to have been given without the imposition by the Highway Authority of any conditions. (6) The Highway Authority shall maintain a register with sufficient particulars of all permissions given 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 extract therefrom. Explanation:- For the purpose of this section the “appointed day” shall with reference to any highway boundary, building line or control line, mean- (i) the day on which a notification is published in the Official Gazette under sub-section (2) of section 7 proposing to fix such highway boundary, building line or control line, and (ii) if any modification is made in such highway boundary, building line or control line, the day on which he notification is published under sub-section (1) of section 7 fixing such boundary, building line or control line.

(1) If any applicant is aggrieved by the decision of the Highway Authority under section 9 withholding permission, or imposing any condition, he may appeal to the prescribed authority within thirty days from the date on which such decision was communicated to him. (2) The prescribed authority, may, after giving an opportunity to the applicant to be heard make such order as it thinks fir upon the appeal and its decision shall be final.

(1) No restriction in force under section 9 shall apply to erection or making of a building or excavation or to the construction, formation or laying out, of any means of access or works begun before the appointed day referred to in section 9. (2) No restriction in force under section 9 except restriction as to the construction, formation or laying out, of means of access, shall apply to any land forming part of a burial or cremation ground or other place for disposal of dead, being the land which has, before the passing of this Act, been used for such purpose. (3) No restriction in force under Section 9 shall apply to any excavation or works necessary in connection with any drains, ditches, or the drainage works for agricultural purposes or to any works necessary 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 restriction came into force or with the consent of the Highway Authority on or after that date.

Whenever any building or any part thereof erected before the appointed day referred to in section 9 lies between the building line and the middle of the highway, the Highway Authority may, whenever any such building or part has either entirely or in greater part been taken down, burnt down or fallen down, by notice require such building or part when re-erected to be set back to the building line or control line.

(1) The Highway Authority may, if it is considered essential in the interest of safety or convenience of traffic, regulate or divert any existing right of access to a highway across the land between the control line and the highway boundary;

For the purpose of carrying out any of the provisions of this Act, the Highway Authority and the Officers and servants appointed under section 6 may, (a) enter upon, survey and take measurements and levels of any land; (b) mark such levels, dig or bore into subsoil of any land; (c) demarcate the boundaries of the highway by planting stones or other suitable marks in different colours of durable nature at intervals along all the highway in such a manner that the line adjoining such stones or marks imaginary shows the road boundary correctly; (d) Where there are bends or kinks on the road boundary, locate the stone or marks in different colours so as to give the correct configuration of the boundary if they are joined by straight lines; (e) Give consecutive numbers to such boundary stones or marks and maintain them on the ground as if they constituted part of the highway; (f) Lay out the building and control lines by placing marks in different colours and cutting trenches; (g) if the survey cannot otherwise be made or measurement or levels taken or boundaries marked and lines laid out, cut down and clear away any standing crop, tree, fence, jungle or any part thereof; (h) do all other acts necessary in that behalf; Provided that the Highway Authority shall not, except with the consent of the occupier thereof enter or permit any of the officer or servants to enter any premises without previously giving such occupier at least twenty four hours’ notice in writing of its intention to do so.

If at any time on the application of the Highway Authority, the State Government is satisfied that any land required for the purposes of a highway or any right or interest of any person in any land required for the said purposes should be compulsorily acquired or extinguished, as the case may be, it shall be lawful for the State Government to publish a notification to that effect in the Official Gazette. Such notification shall also be published in such other manner as may be prescribed. A notification so published shall be deemed to be the declaration that the lad is needed or as the case may be the right or interest is required to be extinguished for the purposes of the highway; and such declaration shall be conclusive that the land is so needed or the right or interest is so required to be extinguished.

The Highway Authority or any officer or servant authorized by the Highway Authority shall thereupon cause the land to be marked out. It shall also cause it to be measured and if no plan is made thereof a plan to be made of the same.

(1) The Highway Authority shall then cause a public notice to be given at convenient places on or near such land stating that the State Government intends to take possession of the land and that claims to compensation for all interest in such land, or any right or interest in land to be extinguished may be made to such officer as the Highway Authority may designate. (2) Such notice shall state particulars of the land so needed or right or interest in land to be extinguished and shall require all persons interested in the land or in the right or interest to be extinguished to appear personally or by agent before such officer as may be designated at the time therein mentioned ( such time not being earlier than fifteen days after the date of publication of the notice) and to state the nature of their respective right or interest in the land or, as the case may be, in the right or interest to be extinguished and the amount and the particulars of the claims to compensation for such right or interest or both and their objections, if any, to the measurements made under section 16. The Highway Authority may, in any case, require such statements to be made in writing and signed by the party or his agent. (3) The Highway Authority shall also serve notice to the same effect on the occupier of such land and on all such persons known or believed to be interested therein or to be entitled to act for persons so interested, as reside or have agents authorized, receive service on their behalf within the district in which the land in situated. (4) In case any person so interested resides elsewhere, a notice shall be served in the manner provided in section 71.

(1) The Highway Authority or the officer authorized by it may also require any such person to make or deliver to it or him at a time not being earlier than fifteen days after the date of requisition, a statement containing, as far as may be practicable, the name of every other person possessing any interest in the land or in any part thereof or, as the case may be, in any right or interest in the land to be extinguished as co-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits if any, received or receivable on account thereof in respect of three years next preceding the date of such statement. (2) Every person required to make or deliver a statement under this section or under section 17 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.

At any time after the publication of the notification under section 15, the State Government may direct that the lands specified in the notification shall be taken possession of, or as the case may be, the right or interest specified therein shall be extinguished from such date the said land shall vest absolutely in the State Government free from all encumbrances, or as the case may be, such right or interest therein shall be extinguished.

All lands forming part of the highway which do not already vest in the State Government shall, for the purpose of his Chapter be deemed to be the property of the State Government.

(1) No person shall occupy or encroach on any highway within the highway boundary without obtaining the previous permission in writing of the Highway Authority or an officer authorized in this behalf by the Highway Authority. (2) The Highway Authority or an officer authorized by the Highway Authority in this behalf may with due regard to the safety and convenience of traffic and subject to such condition 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 temporary encroachment on any highway in front of any building owned by him or make a temporary structure overhanging the highway, or (ii) to put up a temporary awning or tent, pandal, other similar erection or a temporary stall or scaffolding on any highway, or (iii) to deposit or cause to be deposited building materials, goods for sale or other article on any highway, or (iv) to make temporary excavation for carrying out any repairs or improvements to the adjoining buildings; Provided that no such permission shall be deemed to be valid beyond the period of one year unless expressly renewed by the Highway Authority or the authorized officer. (3) The permission so granted shall clearly specify the date upto which the person of one year is authorized to occupy the highway, the periods for which occupation is authorized and the exact portion of the highway permitted to be occupied, and shall also be accompanied by a plan or a sketch of that portion of the highway, if necessary. (4) The person in whose favour such permission has been given shall produce the permit for inspection whenever called upon to do so by the Highway Authority or any officer by a general or special order empowered in that behalf and shall at the end of the period specified in the permit release the land occupied by him after restoring it to the same state as before the occupation by him. (5) The Highway Authority or the officer issuing the permission shall maintain a complete record of such permissions issued, and shall also cause a check up to be made in every case at the expiry of the period up to which occupation has been authorized to ensure that the land has actually been vacated.

(1) The Highway Authority, may cancel any permission granted under section 21, - (a) if any rent or charge is not duly paid; (b) if the purpose for which the permission was given has ceased to exist; (c) in the event of any breach by the holder of such permission of any terms or condition of such permission; (d) if the land on which such encroachment has been made is required for any public purpose or such encroachment is causing impediment or danger to traffic. (2) Where the permission has been cancelled under clause (b) or (d) of sub-section (1) any rent or charge paid in advance shall be refunded to the holder of such permission less that amount, if any, due to the State Government.

(1) When as a result of check of highway boundaries made or otherwise it transpires that an encroachment has taken place on a highway, the Highway Authority or the officer authorized under sub-section (1) of section 21 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 the encroachment within the period specified in the notice. (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 specified period shall render the person liable to prosecution and also to summary eviction. (3) If the encroachment is not removed within the time limit specified in the notice and no valid cause is shown for non-compliance, the Highway Authority or the authorized officer referred to in sub-section (1) may prosecute such person for his having made or caused the encroachment and for his failure to remove it within the specified time. (4) Where the encroachment is made for the purpose of exposing articles for sale, opening temporary booths for vending or other like purpose of a trivial nature the Highway Authority or the authorized officer referred to in sub-section (10 may with the help of the police, if necessary, have such encroachment summarily remove without issuing a notice as required by sub-section (1) or in lieu of removal of encroachment, may give the person responsible for encroachment option of executing a lease in favour of the Highway Authority on payment of rent for the area encroachment. (5) When the encroachment is of a temporary nature and can easily be removed, but is not such as can be described as trivial within the meaning of sub-section (4) the Highway Authority or the authorized officer referred to in sub-section (1) may in addition to or in lieu of prosecuting the person responsible for the encroachment under sub-section (3) have the encroachment summarily removed with the assistance of police, if necessary. (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, the Highway Authority or the authorized officer referred to in sub-section (1) may in addition to the prosecution of the person responsible for the encroachment under sub-section (3), either- (i) have such protective work as may be feasible at a reasonable cost carried out so as to minimize the danger to traffic on the highway, or (ii) have the encroachment removed with the help of the police, it necessary.

Where the person on whom notice to remove an encroachment has been served under sub-section (1) of section 23 lays claims that the land in respect of which encroachment has been alleged is his property or that he has acquired a right over it by virtue of adverse possession or otherwise he shall, within the time limit prescribed in the notice for the removal of encroachment, file an appeal before the Deputy Commissioner under intimation to the Highway Authority or the officer authorized under sub-section (1) of section 21, as the case may be. The Deputy Commissioner shall after due enquiry, record his decision in writing and communicate the same to the appellant and the Highway Authority or such officer. The Highway Authority or such officer shall till then desist from revision to Government taking further action in the matter.

(1) Whenever the Highway Authority or the officer authorized under sub-section (1) of section 21 has, under provision of section 23, removed any encroachment of carried out any protective works in respect of any encroachment, the expenditure involved shall be recovered from the person responsible for the encroachment in the manner hereinafter provided. (2) A bill representing expenditure, including department charges, if any, incurred shall be served by the Highway Authority or the authorized officer referred to in sub-section (1) on the person responsible for the encroachment or his representative with a direction to pay up the amount within the specified period to the authority mentioned in the bill. (3) the bill shall be accompanied by a certificate from the Highway Authority or the authorized officer referred to in sub-section (1) to the effect that the amount of expenditure indicated in the bill represents the charge incurred and such a certificate shall be conclusive proof that the charge had actually been incurred. (4) The material, if any, recovered as a result of the removal of any encroachment shall be handed over to the person responsible for the encroachment, on payment of amount of the bill by him, but in the event of his failure to pay up the amount within the specified period, the materials may be sanctioned and after deducting the amount of the bill from the proceeds, the balance if any, shall be paid to such person. (5) If the proceeds of the auction sale do not cover the total amount billed for, the excess over the amount realized by the sale of the materials or if there are no materials to be disposed of and the billed amount has not been paid by the person responsible for the encroachment within the specified period, the entire amount of the bill shall be covered from such person as an arrear of public demand.

In the exercise of the powers under the following provisions by the Highway Authority or any officer or servant appointed under section 6 or any other person authorized by or under this Act by the State Government as little damage as can be, shall be done and compensation in the manner prescribed by or under this Act shall be paid to any person who sustains damage in consequence of the exercise of such powers, namely; the imposition of restriction under section 9; the setting back of any building or part thereof under section 12; the regulation or diversion of any right of access to a highway under section 13; the entry, survey, measurement and doing of any of the acts on any land under section 14; The acquisition of any land or extinguishment of any right or interest in the land under section 15; the closure of any highway or part thereof under section 52;

The amount of compensation payable under section 26, the persons to whom it is to be paid and the apportionment of such amount among the persons interested therein, shall be determined by agreement between the Highway Authority or any officer authorized by the State Government and the person or persons claiming interest therein.

(1) In default of any agreement under section 27, the officer authorized by the State Government shall, subject to the provisions of this Act, after holding an enquiry, make an award determining:- (a) the true area of the land, if any, acquired; (b) the amount of compensation to be paid under Section 26; (c) the apportionment, if any, of such compensation amount among all persons known or believed to be entitled thereto. (2) In determining the amount of compensation, the matter specified in section 23 and 24 of the Land Acquisition Act, 1894, (1 of 1894), as amended by the Schedule to this Act, shall be taken into consideration.

No compensation shall be awarded:- (i) if and in so far as the land is subject to substantially similar restrictions in force under some other law which was in force on the date on which the restriction were imposed by this Act; (ii) if compensation in respect of the same restriction imposed under this Act or substantially similar restriction in force under any other law has already been paid in respect of the land to the claimant or to any predecessor in the interest of the claimant.

When permission to erect any building has been refused under section 9 and 10 the amount of compensation shall not exceed the difference between the value of the land as determined by section 23 or 24 of the Land Acquisition Act, 1894, (1 of 1894) as amended by the Schedule of this Act and the value which it would have had if the permission had been granted. In determining such value any restrictions to which the land is subject under any other law for the time being in force in regard to right of person claiming compensation to erect a building on the land or otherwise to use, hold or dispose of the same shall be taken into consideration.

Where the right of access to a highway has been destroyed as a result of the diversion or closure thereof and an alternative access has been given the amount of compensation shall in no case exceed the cost of laying a new means of access from the property of the claimant to such alternative route.

(1) At the time of entry, survey or measurement or doing any of the things under section 14, the Officer making the entry, survey or measurement or doing any other thing, shall pay or tender to any person entitled compensation for all necessary damage done as a result of such entry, survey, measurement or execution of work including the cutting of standing crops, trees or removal of temporary structures, if any, on the land. If the sufficiency of the amount so paid or tendered is disputed, the Officer concerned shall at once refer the dispute to such Officer as may be authorized by the State Government and the said Officer shall with the least practicable delay, decide the dispute and pay the person entitled the amount determined as compensation. The decision of the State Government shall be final. (2) If at the time of taking possession of the land under section 19, there are any standing crops, trees or temporary structures on the land, the Highway Authority shall pay or

If any person has unauthorisedly erected, re-erected, added or altered any building on any land which is acquired for the purpose of a highway, then any increase in the value of the land from such erection, re-erection, addition or alteration shall not be taken into account in estimating the value of the land.

No compensation shall be payable for removal of any encroachment.

(1) Any person aggrieved by the award of the Highway Authority or the officer authorized under section 28 may, by written application to such officer, require that the matter be referred to the Court of the Civil Judge within the limits of whose jurisdiction the land in relation to which the award is made is situated. (2) Any such application shall be made within six weeks from the date of the award, and shall be in such form as may be prescribed. (3) The provisions of section 5, 12 and 14 of the Indian Limitation Act, 1963 (36 of 1963) shall apply to the computation of the time fixed for reference under sub-section 2. (4) The Highway Authority or the officer authorized shall make the reference in such a manner as may as prescribed.

(1) References under section 35 and 44 shall be deemed to be proceedings within the meaning of section 141 of the Code of Civil Procedure, 1908, (5 of 1908), and in the trial thereof, the authorities empowered to decide such references may exercise all the power of Civil Court under that Code. (2) The scope of the enquiry in a reference under sections 35 and 44 shall be restricted to a consideration of the matters referred to the authorities mentioned in sub-section (1) in accordance with the provisions of this Act.

If the Highway Authority or any officer or servant is opposed or impeded in taking possession of any land or in executing any work or in removing any encroachment under this Act, the Highway Authority or officer or servant concerned shall apply to the Superintendent of Police of such Police Officer as the State Government may empower in this behalf and the Superintendent of Police or the officer so empowered shall enforce the surrender, removal or execution, as the case may be.

The decisions of the authorities empowered to decide references under section 35 and 44 shall be enforcible as a decree of a Civil Court.

(i) On the determination of the compensation by agreement under section 27, or (ii) on making of an award under section 28, or (iii) if a reference is made under section 35 against such an award, after the decision of the authority under that section, The Highway Authority shall make the payment of the compensation awarded to person entitled thereto in accordance with the agreement, its award or the decision of the authority empowered to decide reference under section 35, as the case may be. The provisions of sections 31 to 34 (both inclusive) of the Land Acquisition Act 1894 (I of 1894) shall mutatis mutandis apply to such payment.

All payments due to be made to any person by way of compensation by the Highway Authority under this Act, shall, as far as possible be made by adjustment in such person’s account regarding betterment charges, if any, due from such person under Chapter VI.

Where any work which the Highway Authority is empowered to undertake by or under the provisions of this Act is undertaken, the officer authorized by the State Government in this behalf shall give notice to the persons known or believed to be the owners of or interested in the lands benefited by such work requiring them to appear before him either personally or by an agent at a time and place therein mentioned (such time not being earlier than thirty days from the date of the notice) to state their objections, if any, to the imposition and recovery of betterment charges on such lands; Provided that no such notice shall be given unless the Deputy Commissioner with the previous sanction of the State Government has declared that the value of such lands is likely to increase or has increased by reason of construction of such work.

On the date fixed under section 41 or on such other date to which the inquiry may be adjourned, the officer authorized under section 41 shall, after holding an inquiry in the prescribed manner and after hearing objections, if any, state by the persons as required by notice under section 41, make an order. The order shall specify:- (a) the lands benefited by the construction of the work; (b) the increase in the value of such lands by the proposed construction; (c) the amount of the betterment charges leviable on each of the said lands; (d) The date from which such betterment charges shall be leviable; Provided that no betterment charges shall be leviable in respect of any land- (i) which is unsuitable for development as a building site; or (ii) which is situated beyond a distance of one furlong from the middle of the highway on either side.

(1) In any area in which the provisions of this Act, have been brought into force; and (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 of the requirement 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 circle 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 person 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 proceedings held by it together with a report setting forth its recommendation on the subject or suggestion. The increase in value on account of construction of such work shall be the amount by which the value of the land on the date of completion of the proposed work is likely to exceed or has exceeded the value of the land on the date of the commencement of the said work and the betterment charges shall be one half of such increase in value. Explanation: - For the purpose of this section the State Government shall, by notification in the Official Gazette, specify- (a) the date of the commencement of the construction of any work, (b) the date of completion of such work.

(1) Any person aggrieved by the order fixing the betterment charges may, by written application to the officer authorized under section 41 require that the matter be referred to the officer exercising the powers of a Civil Judge within the limits of whose jurisdiction the land is situated. (2) Any such application shall be made within six weeks from the date on which the order of the officer referred to in sub-section (1) was communicated to such person and shall be in such form as may be prescribed. (3) The provisions of section 5, 12 and 14 of the Indian Limitation Act, 1963 shall apply to the computation of the time fixed for reference under sub-section (2). (4) The officer authorized under section 41 shall make the reference in such manner as may be prescribed.

The order fixing betterment charges made under section 42, subject to a reference to the Authority under section 44 and the decision of the Authority on reference under section 44, shall be final.

From the date specified in the order fixing the betterment charges as the date from which such charges shall be leviable, or from such date as may be otherwise specified by the Authority under section 44 as the date from which such charges shall be leviable, the betterment charges recoverable in respect of any land shall, subject to prior payment of land revenue and house tax if any, due to the State Government thereon be a first charge on the land in respect of which such betterment charges are leviable.

The betterment charges shall be payable on the date fixed under the rules made by the State Government under section 72; Provided that the owner of the land on which such charges are imposed may execute an agreement in favour of the State Government agreeing to pay the amount of such charges by annual installments together with interest at such rate and within such period as may be prescribed.

Notwithstanding anything contained in section 47, the State Government may allow the owner of the land on which betterment charges may be payable to relinquish the whole or any part of the land or to deliver it in exchange in lieu of payment of the charges in favour of the State Government on such conditions as may be prescribed; Provided that no such relinquishment of exchange shall be permitted unless the land is free from encumbrances.

(1) Whenever the Highway Authority is of opinion that it is necessary for the prevention of danger arising from obstruction of the view of person using any Highway, especially at any bend or corner of the highway it may, save as otherwise provided in section 11, serve a notice upon the owner or occupier of land alongside or at the bend or corner of such highway to alter within such time and in such manner as may be specified in the notice, (1) ...the height or character of any existing wall (not being a wall forming part of a permanent structure) fence, hedge, tree, advertisement post, bill board or any other object thereon, so as to cause it to conform with any requirements specified in the notice. (2) If any person upon whom a notice has been served under sub-section (1), objects to comply with any requirements of such notice, he may, within one month of its receipt, send to the Highway Authority his objection in writing stating the grounds thereof. (3) The Highway Authority shall within one month of receipt of the objection, consider the grounds advanced and shall, by order in writing, either withdraw the notice or amend or confirm it. (4) If a person is aggrieved by an order issued by the Highway Authority under sub-section (3), he may prefer an appeal within fifteen days from the date when such order was communicated to him to the Deputy Commissioner whose decision in the matter shall be final. (5) If any person fails to comply with the notice served on him under sub-section (1) as amend or confirmed as the case may be, under sub-section (3), the Highway Authority may take action to alter the object causing obstruction of view at its own expense, and such expenditure shall be recovered from such person in accordance with the provisions of section 25, without prejudice to any other action which may be taken against him.

If at any time it appears to the Highway Authority that any highway in its charge or any portion thereof is or has been rendered unsafe for vehicular or pedestrian traffic by reason of damage or otherwise, it may, subject to such rules as may be prescribed in this behalf close the highway or the portion of it to all traffic or to any class of traffic, or regulate the number and speed or weight of vehicles using the highway.

Where the Highway Authority is satisfied that any highway or a portion thereof, or any bridge, culvert or causeway built on or across any highway, is not designed to carry vehicles of which the laden weight exceeds such limit as may be fixed in this behalf, it may subject to such rules as may be prescribed in that behalf, prohibit or restrict the plying of such vehicles on or over such highway or such part of the highway or such bridge, culvert or causeway.

(1) Where in exercise of the powers conferred on it by section 50 the Highway Authority desires prior approval of the State Government give notice of its intention so to do in the Official Gazette. The notification shall also be published in at least one newspaper, which has circulation in the place in which the highway is situated. (2) The notice shall indicate the alternative route if any which is proposed to be provided or which may already be in existence, and shall also invite objections, if any, to the proposal to be submitted within such time as may be specified. (3) The Highway Authority shall finalise its proposal to close down any highway or part of it after considering the objection if any, received within the specified time and shall submit the final proposal to the State Government for the approval together with such objections as may have been received against the proposal. (4) The State Government may either approve the proposal with or without modification, or reject it. (5) When the State Government has approved the proposal it shall publish its orders in Official Gazette. (6) When the orders of the State Government have been published in the Official Gazette, the Highway Authority shall arrange for further publicity to be given to the orders in at least one newspaper which has circulation in the place in which such highway is situated and the highway or part thereof shall then be closed. (7) Whenever any highway or any part thereof has been so closed reasonable compensation shall be paid to every person who was entitled, otherwise than as a mere member of the public, to us such highway or part thereof as a means of access to or from his property situated on such highway or part thereof and has suffered damage by such closure.

(1) Notwithstanding anything contained in any other enactment for the time being in force but subject to the provisions of section 73 no person other then the Highway Authority or any person authorized by it shall construct or carry any cable, wire, pipe, drain, sewer or channel of any kind through, across, under or over any highway, except with the permission in writing of the Highway Authority. (2) In giving its consent, the Highway Authority may impose such condition as it may deem to be necessary and may also impose a rent or other charge for any land forming part of the highway occupied by or applied to the proposed work. (3) If any person constructs or carries out any work in contravention of sub-section (1), the Highway Authority may arrange for the removal of such work and restoration of the highway to its former condition in accordance with the provisions of section 23 as if the work constituted an encroachment on the highway, and such expenses as the Highway Authority may incur for this purpose, shall without prejudice to any other action that may be taken against such person, be recovered from him in accordance with the procedure provided in section 25 in so far as that procedure is applicable.

(1) No person shall willfully cause, or allow any vehicle or animal in his charge to cause any damage to any highway. (2) Where in contravention of sub-section (1) any damage has been caused to any highway, the Highway Authority shall have the damage repaired and the expenses involved shall, without prejudice to any other action that may be taken against the person responsible for the contravention of sub-section (1), be recovered from him in accordance with the procedure provided in section 25 in so far as that procedure is applicable.

Whoever willfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions that such person or authority is required or empowered under this Act to discharge, or being required by or under this Act, to supply any information, withholds such information or gives information which he knows to be false or which he does not believe to be true, shall, on conviction, be punished with fine which may extend to two hundred rupees.

Whoever erects, alters or extends any building, or makes any excavation, or constructs any means of access to or from a highway or does any other work in contravention of the provision of section 9, shall, on conviction, be punished, - (a) with fine which may extend to five hundred rupees, and (b) with further fine which may extend to one hundred rupees for each day after such conviction during which the offending structure or work is not removed, demolished or cleared and the site not restored to its original condition.

Whoever – (a) occupies or makes any encroachment on any highway in contravention of the provisions of sub-section (1) of section 21, or (b) fails to comply with the notice served on him under sub-section (1) of section 23, for no valid reason, shall on conviction, be punished, - (i) for a first offence with fine which may extend to two hundred and fifty rupees. (ii) for a subsequent offence in relation to the same encroachment with fine which may extend to five hundred rupees plus a further fine not exceeding fifty rupees per day on which such occupation of the highway or encroachment continues.

Whoever in contravention of sub-section (1) of section 54 willfully causes, or allows any vehicle or animal in his charge to cause any damage to any highway, shall conviction, be punished with fine which may extend to one thousand rupees.

Whoever contravenes any provisions of this Act or of any rule or order made thereunder shall, if no other penalty is provided for the offence, no convictions, be punished, - (a) for a first offence with fine which may extend to fifty rupees. (b) for a subsequent offence with fine which may extend to two hundred rupees.

Any offence committed under this Act may be compounded by the Highway Authority and if any proceeding have been instituted against any person in any criminal court; then on the terms of the compromise being carried out, the composition shall be held to amount to an acquittal and in no case shall any further proceeding to be taken against such person or any property of such person with reference to the same facts.

The State Government may at any time call for and examine the records relating to any order passed or proceeding taken under this Act by the Deputy Commissioner or the Highway Authority or any officer subordinate to the Deputy Commissioner or the Highway Authority for the purpose of satisfying itself as to the legality or correctness of such order or proceeding and may pass such order in reference thereto as it thinks fit; Provided that no order shall be modified, annulled or reserved unless notice has been served on the parties interested and opportunity given to them for being heard.

Every Police Officer shall forthwith furnish information to the nearest Highway Authority or the nearest officer subordinate to the Highway Authority or any offence coming to his knowledge which has been committed against this Act or any rule made thereunder and shall be bound to assist the Highway Authority and its officers and servants in the exercise of their lawful authority.

Every village Gaonbura, village council member or other village official by whatever name called shall forthwith inform the nearest Police station or the nearest Highway Authority or any officer duly authorized by the Highway Authority, whenever he becomes aware that any survey mark or any boundary mark of any highway or any mark showing the building or control line determined in respect of a highway has been destroyed, damaged, removed, displaced or otherwise tampered with or that any damage to any highway or encroachment on any highway has been made.

The Highway Authority may utilize temporarily for other than road purposes land forming part of a highway which is not immediately required for the passage of traffic.

Any person wrongfully occupying any land, - (a) which is a part of a highway, (b) the occupation of which contravenes any of the provisions of this Act, and the said provisions do not provide for the eviction of such person, shall be summarily evicted by the Deputy Commissioner in the prescribed manner on being required to do so by the Highway Authority or any officer authorized in this behalf by the State Government.

(1) The Highway Authority or the officer authorized by the State Government in this behalf shall, if be desires to make any inquiry for the purposes of this Act, make the inquiry in the prescribed manner. (2) The Highway Authority or an officer authorized by the State Government or the Highway Authority under this Act shall have the power to take the evidence on oath and to summon any person whose attendance he considers necessary either to be examined as a party or to give evidence as a witness or to produce documents for the purpose of the inquiry under sub-section (1). (3) Any person summoned under sub-section (2) shall be bound to attend either in person or by an authorized agent as directed in the summons: - Provided that exemptions under section 132 and 133 of the Code of Civil Procedure, 1908, shall be applicable to requirement for attendance under this Act. (4) Every person summoned under sub-section (2) either to be examined as a party or to give evidence as witness shall be bound- (i) to state the truth upon any subject respecting which he is examined or makes a statement; or (ii) to produce such documents as may be required. (5) Any person summoned merely to produce a document shall be deemed to have complied with the summons by causing the production of such documents instead of attending personally to produce the same.

(1) Nothing in the India Registration Act, 1908, shall be deemed to require the registration of any map made under section 8. (2) All such maps shall, for the purposes of sections 49 and 50 of the Indian Registration Act, 1908, be deemed to have been and to be registered in accordance with the provisions of that Act: Provided that the maps shall be accessible to the public in the manner prescribed.

the Highway Authority, the officers and other persons authorized or appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by under this Act required to be settled, decide or dealt with by Highway Authority, the Deputy Commissioner an officer or person authorized under this Act, any Authority under section 35 or section 44 or the State Government.

(1) No suit or prosecution or other legal proceeding shall be instituted against any public servant or officer or person duly authorized under this Act in respect of anything in good faith done or intended to be done under this Act, or the rules or orders made thereunder. (2) No suit or prosecution shall be instituted against any public servant or officer or person duly authorized under this Act in respect of anything done or intended to be done under this Act, except with the previous sanction of the State Government.

(1) Every notice or bill issued or prepared under this Act, may be served or presented - (a) by delivering or tendering it or sending it by registered post to the person to whom it is addressed, or to his agent, or (b) if such a person or his agent not found, then by leaving it at his usual or last known place of abode or by delivering or tendering it to some adult male member of his family or by causing it to be fixed on some conspicuous part of the building or land, if any, to which it relates. (2) Where a notice under this Act is required to be served upon the owner or occupier of a building or land, it shall not be necessary to name the owner or occupier, and the service thereof may be effected either :- (a) by delivering or tendering the notice or sending it by registered post to the owner or occupier or if there be more owners or occupiers than one, to any one of them, or (b) if no such owner or occupier is found, then by giving or tendering the notice to an adult male member or servant of his family or by causing the notice to be fixed on some conspicuous part of the building or land to which the same relates. (3) Whenever the person to whom a notice or bill is to be served is a minor, service upon his guardian or upon an adult male member or servant of his family shall be deemed to be service upon the minor.

(1) The Stat Government may by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality the foregoing power, the State Government may make rules for all or any of the following matters: - (a) the manner in which the notification may be published in the village and at the headquarters of the circle under sub-section (2) of section 7; (b) the other places at which copies of map may be open to inspection under section 8; (c) the form of application and its contents under sub-section (2) of section 9; (d) the other manner of publishing the notification under section 15; (e) the conditions on which and the amount of rent or charge on payment of which encroachments may be made on a highway; (f) the manner in which a reference shall be made under section 35 or 44; (g) fixation of the date on which the betterment charges shall be payable under section 47 and installments together with the rate of interest and the period within which such installments shall be paid under the proviso to the said section; (h) the conditions on which any land may be relinquished or delivered in exchange in favour of the State Government under section 48; (i) rules subject to which any highway or portion of it may be closed to traffic or any class of traffic or the number and speed or weight of vehicles using the highway may be regulated under section 50; (j) rules subject to which plying of vehicles may be prohibited under section 51; (k) the prevention of obstruction of view of persons using highways and of annoyance, danger or injury to the public; (l) the prevention of obstruction, encroachment and nuisance on or near and of damages to highways; (m) the proper maintenance of boundary mark demarcating highway boundaries and building and control lines; (n) the prescription of various forms of applications required to be made and form of notices and bills required to be served on persons, the charges to be made for supply of copies of maps, and the rent or other charges to be imposed or levied under the provisions of this Act; (o) the general guidance of the Highway Authority in the discharge of its functions under this Act; (p) regulation or diversions of existing rights of access; (q) the manner of holding an enquiry under section 65 or section 66; (r) any other matter which is to be or may be prescribed. (3) Every Rule made under this section shall be laid, as soon as may be after it is made, before the Nagaland Legislative Assembly while it is in session for a total period of seven days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the sessions immediately following, the Nagaland Legislative Assembly agree in making any modification in the rule or the Nagaland Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule.

(1) Nothing in this Act shall affect— (a) the rights of any local authority to make any excavation for the purpose of laying, making, altering, repairing or renewing any sewer, drain, water course or other works; or (b) the rights of any authority appointed under any law for the time being in force for water, electricity, railway or trolley vehicles to erect any support or make any excavation for purpose of laying, making, altering, repairing or renewing any main, pipe, sluice, weir, electric line, duct, drain or other apparatus; or (c) any land belonging to a Railway administration or belonging to or used by a person holding a license or sanction for the generation, transformation or distribution or electricity under the Indian Electricity Act, 1910, when such land is held or used by the Railway administration, or such person, as the case may be, for the purpose of its railway of for generation, transformation or distribution of electricity, except in so far as they may consent thereto; or (d) any land within the limits of cantonment or a port declared by or under any law made by Parliament or existing law to be a major port; or (e) any land within the jurisdiction of a local authority under the administration control of the Central Government: Provided that : - (i) any restriction in force under section 9 as to construction, formation or laying out of means of access to, or from, any road, shall without any such consent as foresaid, extent to any such land as is specified in clause (c) in so far as the restrictions relate to means of access over or under such land to, or from, land other than land so specified; and (ii) any consent required for the purpose of this section shall not be unreasonably withheld and the question whether or the consent so required is unreasonably withheld shall be determined by the State Government on the question shall be final. (2) Nothing in this Act shall affect any powers and duties of the telegraph authority under the provision of the Indian Telegraph Act, 1885 (18 of 1885). (3) The authority or persons mentioned in sub-section (1) shall be liable to restore the highway to its former condition on completion of any excavation or other works done under the said sub-section and upon its failing to do so the Highway Authority may cause the restoration to be made and recover from such authority or person the expenditure incurred by it.

Save as provided in section 72, the provision of this Act or rules made thereunder in regard to any matter dealt with thereby shall prevail over the provisions of any other law made by the State Legislature or any law which the State Legislature is competent to make or to amend, in so far as such law is inconsistent with the said provisions or rules and such to take extend of such inconsistency shall cease to apply or shall not apply to any such matter.

For the avoidance of doubt it is hereby declared that nothing in this Act shall apply to highways which area or have been declared by or under any law made by Parliament to be National Highways: Provided that if any highway is declared to be a National Highway by or under any law made by Parliament, it shall be lawful for the State Government to fix or not to fix the building and control lines for different portions of the said highway under section 7 and thereafter the provisions of this Act in so far as they apply to the restriction on buildings between the highway boundary and the buildings line or between the building line and the control line and other provisions relating to such building and control lines shall, mutates mutants apply.

(See sections 28 (2) and 30)

Amendments to the Land Acquisition Act, 1894 (1 of 1894).

Amendments of the section 23 of Act 1 of 1894: - 1. For section 23 of the Land Acquisition Act, 1894, the following shall be substituted, namely:

“23 Matters to be considered in determining compensation: In determining the amount of compensation to be awarded for the land or any interest therein acquired under this Act, the following matters shall be taken into consideration. (1) the market value at the date of the publication of the declaration under section 15 of the Nagaland Highways Act, 1966; (2) the use to which the land was put at the date of such declaration; (3) the damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time when the possession was taken from him; (4) the damage (if any) sustained by the person interested at the time of possession being taken from him by reason of severing such land from his other land; (5) the damage (if any) sustained by the person interested at the time of the possession being taken from him of the land by reason of the acquisition injurious affecting his other property, movable or immovable in any other manner or his earnings; (6) if in consequence of the acquisition of the land, the person interested is compelled to change his residence, or place of business, the reasonable expenses, if any, incidental to such change.” Amendment of section 24 of Act 1 of 1894. – 2. For section 24 of the Land Acquisition Act, 1894, the following shall be substituted, namely; - “Matters to be neglected in determining compensation. – 24. But the Court shall not take into consideration the following matters; - (1) the degree of urgency which has led to the acquisition; (2) any disinclination of the person interested to part with the land acquired; (3) any damage sustained by him which, if caused by private person would not render such person liable to a suit; (4) any damage which is likely to be caused to the land acquired after the date of the publication of the declaration under section 15 of the Nagaland Highways Act, 1966 by or in consequence of the use of which it will put; (5) any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired; (6) any increase to the value of the land of the person interested likely to accrue from the use of which the land acquired will be put; (7) any outlay or improvements on, or for disposal of the land acquired commenced, made or effect without the sanctioned of the Highway Authority after the date of the publication of the declaration under section 15 of the Nagaland Highways Act, 1966; (8) the special suitability or adaptability of the land for any purpose if the at purpose is a purpose to which it could be applied in pursuance of any law or for which there is no market apart from the special needs of the Highway Authority; (9) any increase in the value of the land by reason of the use thereof or any premises thereon in manner which could be restrained by any court, or is contrary to law or is detrimental to the health of the inmates of the premises or to the public health”.