Chapter I Chapter I

1. (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;
2. (c) “chairperson” means the Chairperson of the Authority;
3. (d) “collector” means the Collector of a District and includes any officer specially appointed by the State Government to perform the functions of a Collector under this Act;
4. (e) “control zone” means the area of land appurtenant to a highway and situate within the distance specified in sub-section (1) of Section 10;
5. (f) “concession” means the rights and obligations specified in a contract entered into between the state government or the authority, as the case may be, and any person for development, financing and operation of a state highway or part thereof, and includes a contract for operation of, and levy and collection of fees on, a state highway;
6. (g) “concessionaire” means a person who has entered into a contract with the State Government or the Authority, as the case may be, for and in respect of a concession;
7. (h) “development”, in relation to a state highway, includes its designing, construction, renovation, refurbishing, augmentation, upgradation and other activities incidental thereto, and “develop” shall be construed accordingly;
   • (i) “encroachment” means unauthorised occupation of any highway or part thereof and includes,-
   • (i) the erection of a building or any other structure, balconies, thresholds, porches or projections on, over or overhanging the highway;
   • (ii) occupation of highway beyond the prescribed period, if any, for stacking materials or goods of any description or for exhibiting articles for sale, or for erecting poles, awnings, tents, pandals, and other similar erection, or for parking vehicles or stabling domestic

animals, or for any other purposes; and

1. (iii) excavations or embankments of any kind made or extended on any highway land;

1. (j) “erect”, with all its grammatical variations, in relation to a building, means to construct, reconstruct, extend or alter structurally a building;
2. (k) “excavation”, in relation to a piece of land, means piercing the surface of that piece of land and includes digging of wells and tanks;
3. (l) “expressway” means a highway having a controlled access thereto with a limited number of intersections and a divider between lanes for traffic moving in opposite directions;
4. (m) “highway” or “state highway” means any road for the time being declared as a state highway under section 3

and shall include all land situate within the boundaries of

such road;

1. (n) “land” includes benefits arising out of the land and things attached to the earth or permanently fastened to anything attached to the earth;
2. (o) “Land Acquisition Act, 2013” means the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and includes any modification, amendment or re-enactment thereof;
3. (p) “member” means a member of the Authority appointed under section 34 and includes the Chairperson;

1. (q) “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 is paid or payable;
   • (ii) an owner living in or otherwise using the premises;
   • (iii) a rent-free tenant;
   • (iv) a licensee in occupation of any premises; and
   • (v) any person who is liable to pay to the

owner damages for the use and occupation of any

premises;

1. (r) “operation”, in relation to a highway, includes its maintenance, repair, modification, improvement, management and regulation, and “operate” shall be construed accordingly;
2. (s) “owner”, means and includes, -

1. (1) when used with reference to any premises, the person who receives the rent of the said premises or who would be entitled to receive the rent thereof if the premises were let, and includes,-
   • (i) an agent, manager or trustee, by

whatever name called, who has control over the

premises or who receives rent on behalf of the owner;

1. (ii) an agent, manager or trustee who receives the rent of, or is entrusted with, or concerned with, any premises devoted to religious or charitable purposes;
2. (iii) receiver, sequestrator or manager appointed by any court of competent jurisdiction; and
3. (iv) a mortgagee in possession. ;

1. (2) when used with reference to an institution or a body corporate, the principal officer of such institution or body corporate;
2. (3) when used with reference to a vehicle, the person who own or controls that vehicle. ;
   • (t) “person” shall include any company or association or body of individuals, whether incorporated or not;
   • (u) “prescribed” means prescribed by rules made under this Act;
     • (v) “regulations” means regulations made by the Authority under this Act;
   • (w) “Revenue Divisional Commissioner” means the Commissioner of a Division and includes any officer specially appointed by the State Government to perform the functions of

a Divisional Commissioner under this Act;

1. (x) “rules” means rules made by the State Government under this Act;

1. (y) “Schedule” means Schedule appended to this Act;
2. (z) “State Government” means the Government of the State of Odisha; (za)“survey” includes all operations incidental to the determination, measurement and record of a boundary or boundaries or any part of a boundary and also includes a resurvey;
3. (zb) “user” means a person who is authorised to use a highway under the provisions of this Act and includes any person who uses a highway in discharge of his functions and duties under any law for the time being in force; (zc)“v ehicle” means and includes a vehicle of every

description of carriage or other artificial contrivance used, or

capable of being used, as means of transportation on land; and (zd)“wayside amenities” means and includes hotel, motel, restaurants, service stations, hospitals, trauma centres, shopping complexes, office complexes, transport and tourism facilities, warehousing, logistic hubs, entertainment complexes, associated services, residential premises and other amenities or facilities that may be useful for travellers and for areas surrounding a highway.