section 43
Power to fix boundary of building and control lines of Highways.
The Nagaland Highways Act 1967(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.
Study data processing for this section.
PDF: pending for this language.