Chapter 2 DEVELOPMENT AND OPERATION OF HIGHWAYS

1. (1) Each of the roads included in the Schedule is hereby declared to be a state highway under this Act. (2) The State Government may, by notification in the Official Gazette, declare any road to be a state highway under this Act and on the publication of such notification such road shall be deemed to be included in the Schedule. (3) The State Government may, by like notification, omit any highway from the Schedule and, on the publication of such notification, the highway so omitted shall cease to be a state highway under this Act.

1. (1) All state highways shall vest in the State Government as the owner thereof, and for the purposes of this Act such highways shall include- (i) all lands appurtenant thereto, whether demarcated or not; (ii) all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on or across such highways; (iii) all road furniture, signals, sign boards, fences, trees, posts and boundary stones of such highways or any land appurtenant to such highways; and (iv) all wayside amenities. (2) The State Government shall cause to be maintained a record of state highways and lands comprising each highway in such manner as may be prescribed by rules made in this behalf. Any records of the lands comprising state highways maintained on or before the date of commencement of this Act shall be deemed to be records for the purposes of this section and the State Government shall be deemed to be the owner of such state highways and the lands forming part thereof. (3) Any person claiming against the ownership of the State Government referred to in sub-section (2) shall make written complaint to the State Government and prove his claim before it and the State Government may, after considering the evidence produced by such person, correct such records or reject the claim.

1. (1) Where the State Government is satisfied that for a public purpose any land is required for the development of an existing or new highway, any other road, or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land. (2) Every notification under sub-section (1) shall give a brief description of the land. (3) The competent authority shall cause the substance of the notification to be published in two State level newspapers having wide circulation, at least one of which shall be in Hindi language. (4) Upon issue of a notification under sub-section (1), it shall be lawful for any person, authorised by the State Government in this behalf, to- (a) enter upon any land with his workmen and make any inspection, survey, measurement, valuation or enquiry; (b) take levels; 6 (c) dig or bore into sub-soil; (d) set out boundaries and intended lines of work; (e) mark such boundaries and lines placing marks and cutting trenches; or (f) do such other acts or things as may be laid down by rules made in this behalf by the State Government: Provided that no person shall enter into any building or any enclosed court or garden attached to a dwelling house or cut down and clear any part of standing crops, or fence without the consent of the occupier thereof or without giving such occupier a notice of at least twenty four hours, in writing, of his intention to do so: Provided further that the State Government shall pay reasonable compensation to the occupier for the damage caused by him to such building, land or other structures. (5) The State Government may, upon issue of a notification under sub-section (1), acquire any land specified therein by outright gift or purchase by agreement with the owners, or failing such agreement, by recourse to the provisions of this Act.

(l)Any person interested in any land which is included in the notification issued under sub-section (1) of section 5 may, within twenty-one days from the date of publication thereof, object to the use of the land for the purpose or purposes mentioned in that sub-section. (2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof whereupon the competent authority shall give the object or an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections. Explanation.- For the purposes of this sub-section, legal practitioner has the same meaning as in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961(Central Act No. 25 of 1961). (3) Any order made by the competent authority under sub-section (2) shall be final.

(l)Where no objection under sub-section (1) of section 6 has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under sub-section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the State Government and on receipt of such report, the State Government shall declare, by notification in the Official Gazette, that the land should be acquired for the purpose or purposes mentioned in sub-section (1) of section 5. (2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the State Government free from all encumbrances. (3) Where in respect of any land, a notification has been published under sub­section (1) of section 5 for acquisition thereof, but no declaration under sub-section (1) has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect: Provided that any period during which the operation of the notification issued under sub-section (1) of section 5 is stayed by a court in any proceedings pending in respect thereof shall be excluded while computing the said period of one year. (4) A declaration made by the State Government under sub-section (1) shall not be called in question in any court or by any other authority.

Where any land has vested in the State Government under sub-section (2) of section 7, and the amount of compensation determined by the competent authority under section 10 with respect to such land has been deposited in the manner prescribed under sub-section (1) of section 13, with the competent authority by the State Government, the competent authority may, by notice in writing, direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within ninety days of the service of the notice. (2) If any person refuses or fails to comply with any direction made under sub­section (1), the competent authority shall apply,- (a) in case of any land situated in any area falling within the metropolitan area, to the Commissioner of Police; and (b) in case of any land situated in any area other than the area referred to in clause (a), to the Collector of the District, and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land to the competent authority or to the person duly authorised by it.

Where the land has vested in the State Government under sub-section (2) of section 7, it shall be lawful for any person authorised by the State Government in this behalf, to enter and do other acts necessary upon the land for carrying out the building, maintenance, management or operation of a highway, any other road, or a part thereof, or any other work connected therewith.

Where any land is acquired from any person under this Act, there shall be paid to such person a compensation which shall be determined by the competent authority. (2) Where the right of user or any right in the nature of an easement on any land is acquired under this Act, there shall be paid to the person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount equal to ten per cent of the amount determined under sub-section (1), for that land. (3) Before proceeding to determine the amount under sub-section (1) or sub-section (2), the competent authority shall give a public notice, published in two State level newspapers having wide circulation, at least one of which shall be in Hindi language, inviting claims from all persons interested in the land to be acquired. (4) A notice under sub-section (3) shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of section 6, before the competent authority, at a designated time and place and to state the nature of their respective interest in such land. (5) Upon hearing the interested persons and considering the material on record, the competent authority shall by order make an award under this section within a period of one year from the date of the publication of the notification under sub-section (3) of section 5 and if no award is made within that period, it may make the award within an extended period which shall not exceed one year: Provided that where an award is made within the extended period, the entitled person shall be paid an additional compensation for the extended period, at the rate of one and a quarter per cent of the value of the award, for each month of such extended period.

If the amount determined by the competent authority under section 10 is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the State Government from among persons who have been district and session judges, in such manner and on such terms as may be prescribed by rules. (2) Except as otherwise provided in this Act, the provisions of the Arbitration and Conciliation Act, 1996 (Central Act No. 26 of 1996) shall apply to every arbitration under this Act.

While assessing and determining the market value of land for making an award under section 10 or section 11, as the case may be, the competent authority or the arbitrator shall adopt the criteria specified in section 26 of the Land Acquisition Act, 2013: (2) The competent authority having determined the market value of the land acquired shall calculate the total amount of compensation to be paid to the land owner, whose land has been acquired, by including all assets attached to the land. (3) In determining the amount of compensation to be awarded for any land acquired under this Act, the competent authority shall take into consideration the criteria and factors specified in section 28 of the Land Acquisition Act,2013. (4) In determining the market value of the building, other immovable property or assets, trees and plants or damage to the standing crops attached to the land or building which is to be acquired, the Collector may use the services of specialists or experienced persons as specified in section 29 of the Land Acquisition Act, 2013. (5) The competent authority having determined the total compensation to be paid, shall, to arrive at the final award, impose a solatium amount in accordance with the provisions of section 30 of the Land Acquisition Act, 2013.

The amount determined under section 12 shall be deposited by the State Government in such manner as may be prescribed by rules made in this behalf, with the competent authority before taking possession of the land. (2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall, on behalf of the State Government, pay the amount to the person or persons entitled thereto. (3) Where several persons claim to be interested in the amount deposited under sub­section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them. (4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated. (5) Where the amount determined under section 11 by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at the rate of nine per cent per annum on such excess amount from the date of taking possession under section 8 till the date of the actual deposit thereof. (6) The amount determined by the arbitrator in excess of the amount determined by the competent authority, together with interest, if any, shall be deposited by the State Government in such manner as may be prescribed by rules made in this behalf, with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit

The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908), in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) reception of evidence on affidavits; (d) requisitioning any public record from any court or office; and (e) issuing commission for examination of witnesses.

The award for rehabilitation and resettlement of all affected families shall be determined in accordance with the provisions of sections 31 to 42 of Land Acquisition Act, 2013 read with Second Schedule and Third Schedule thereof.

The State Government shall develop and operate all state highways; provided, however, that it may, by notification in the Official Gazette, direct that any function in relation to the development and operation of any highway shall, subject to such conditions, if any, as may be specified in the notification, also be exercisable by the Authority or by any officer or authority subordinate to the State Government or to the Authority, in accordance with such rules as the State Government may prescribe. (2) The State Government may regulate the operation of highways by rules to be made for and in respect of - (a) upkeep and inspection of highways; (b) safety of users; (c) road safety standards and procedures; (d) the manner of preventing obstructions on highways; (e) the manner of prohibiting the parking or waiting of vehicles on highways, except at places earmarked for this purpose; (f) the manner of prohibiting or restricting access to any part of the highways; (g) the manner of regulating or restricting advertisements on and around highways; and (h) generally for the efficient and proper operation of highways.

The State Government may give directions to the Authority as to the carrying out of any of the provisions of this Act or of any rule, notification or order made thereunder, or for discharging any functions or duties of the State Government or for exercising any powers of the State Government under this Act, and the Authority shall comply with such directions forthwith.

1. (1) No vehicle shall enter or use a highway without payment of fee levied under sub-section (2) in the form and manner prescribed by the State Government or in accordance with any exemption thereof, and it shall be the duty of the owner or occupier of a vehicle to tender such fee in the form and manner prescribed by the State Government. (2) The State Government may, by notification in the Official Gazette, levy fees at such rates as may be laid down by rules made in this behalf for services or benefits rendered in relation to the use of highways or parts thereof, including the use of ferries, permanent bridges, temporary bridges or tunnels. (3) Such fees when so levied shall be collected in accordance with the rules made under this Act And any person who in any manner avoids or evades the collection of fees shall, without prejudice to any other provisions of this Act, be liable to payment of a fine equal to one third of the fees payble by such person. (4) Any fee leviable immediately before the commencement of this Act for services or benefits rendered in relation to the use of a highway shall continue to be leviable under this Act unless and until it is altered in exercise of the powers conferred by sub-section (2). (5) The State Government may exempt vehicles engaged in defence, security, law and order, fire fighting, crime prevention, medical emergencies or such other public purposes, as it may prescribe, from payment of fees under this section.

1. (l) Notwith- standing anything contained in this Act, the State Government or the Authority, as the case may be, may enter into an agreement with any person in relation to the development and operation of the whole or any part of a highway, and such agreement may, where deemed necessary, include the terms and conditions for development of wayside amenities, habitations, townships or industrial corridors in the vicinity of such highway: Provided that no such agreement shall be entered into except with a person who has been selected through a process of open competitive bidding on such terms as may be approved by the State Government: Provided further that the development of habitations, townships and industrial corridors shall be undertaken in conformity with the applicable laws. (2) Notwithstanding anything contained in section 18, the person referred to in sub­section (1) shall be entitled to collect and retain fees in such manner and at all such rates as may be prescribed by rules made under section 18 and in accordance with the terms of the agreement referred to in sub-section (1). (3) A person referred to in sub-section (1), including its employee who has been authorised in this behalf by such person or by the State Government or the Authority, shall have powers to regulate and control the traffic in accordance with the provisions of this Act on the highway forming subject matter of the agreement referred to in sub-section (1), for safe and orderly operation and management thereof. (4) A person referred to in sub-section (1) may use, or cause to be used, or sub-licence, the land or property forming part of a highway, in accordance with the provisions of this Act and the rules made thereunder, as if such person is the State Government or the Authority, as the case may be, but always subject to the provisions of the agreement referred to in sub-section (1).