Chapter 3 CONTROL ZONE APPURTENANT TO HIGHWAYS

1. (1) Notwithstanding anything contained in any law for the time being in force, no person shall use, and no authority shall permit the use of, any land which lies within a control zone comprising the area appurtenant to a highway and situated between the boundary of such highway and a distance of one hundred meters from such boundary, save and except for the purposes of agriculture, horticulture, animal husbandry or afforestation, which purposes shall not include the construction of any permanent structures or buildings: Provided that the provisions of this section shall, instead of one hundred meters referred to hereinabove, apply within a distance of fifteen meters from the boundary of any part of a highway where such part of the highway is situated within the municipal limits of a town or a village abadi: Provided further that the State Government may at any time acquire, any or all land and buildings forming part of the control zone, under this Act for development and expansion of the highway or any wayside amenities: Provided also that the restrictions on the control zone hereunder shall not apply to the use of any land, or any building or structure thereon, to the extent such use of land, or any building or structure thereon, was lawfully in existence at the commencement of this Act or where such building or structure is being repaired, improved or modified without any alteration in the building line comprising its length, width and height. Provided also that in the event of a doubt or dispute in respect of the width and boundary line of a highway, such width and boundary line shall be deemed to be determined by reference to the nearest section of such highway on which there is no doubt or dispute in respect of the width and boundary line thereof: Provided also that the control zone for every highway included in the Schedule at the commencement of this Act shall be determined with reference to the date on which this Act comes into force and in respect of any highway included in the Schedule by notification under sub-section (2) of section 3, the control zone thereof shall be determined with reference to the date of such notification, and any extension of a highway boundary subsequently shall not alter the control zone. (2) The State Government may by rules to be made in this behalf authorise the use of any class, category or location of lands referred to in sub-section (1) for such purposes and subject to such conditions, including payment of fees, as may be prescribed.

1. (1) No person shall, on any land situated within the control zone,- (i) construct, form or layout any means of access to or from a highway; (ii) erect any building; (iii) materially alter any existing building by increasing its height, length or width, as the case may be; (iv) make or extend any excavation; or (v) construct or layout any work, save and except in accordance with a general or special permission granted under this Act. (2) Any person who proposes to construct any building or other work within the control zone shall make an application in writing to the State Government or an officer authorised by the State Government in this behalf, 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 an application under sub-section (2), the State Government or the officer authorised by the State Government in that behalf shall, after making such enquiry as it may consider necessary, 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) the permission required under sub-section (3) for carrying out any excavation, construction, formation or laying out of works in land for the purpose of repairing, renewing, enlarging or maintaining any underground sewer, drain, electric line, pipe, duct or other apparatus shall not be withheld, but may be granted subject to such conditions as may be necessary for securing that such sewer, drain, electric line, pipe, duct or other apparatus shall be laid in such manner and at such levels that the construction, development or maintenance of a road there over will not be prevented or prejudicially affected thereby; (ii) the permission under sub-section (3) for erection, re-erection or alteration of a building or the making or extending of any excavation which conform to the requirements of safety and convenience of traffic on the adjoining road shall be neither with held nor made subject to any unreasonable conditions; (iii) no permission shall be required for the following works, namely:- (a) agriculture; (b) horticulture; (c) pisciculture; (d) pasture; (e) poultry farming; (f) dairy farming; or (g) construction of wells, tube wells and bore wells. (4) When permission is refused under sub-section (3), the reasons there of shall be recorded and communicated to the applicant: Provided that nothing therein contained shall debar a person from making a fresh application after omitting therefrom the objectionable features on account of which such permission was refused. (5) Upon receipt of an application made under sub-section (2), the State Government or the officer authorised by the State Government in this behalf shall dispose of the same within a period of three months. (6) The State Government or an officer authorised by the State Government in this behalf shall maintain a register with sufficient particulars of all permissions given or refused by it under this section and such register shall be available for inspection free of charge by all persons interested and such persons shall be entitled to take extracts therefrom.

The restrictions under Chapter III of the Act shall not apply to any excavation or 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 comprising a highway before the date of commencement of this Act, or where such works are undertaken with the consent of the State Government on or after such commencement.

If any building or part thereof, situate within the control zone and erected before the commencement of this Act, has, either entirely or in greater part, been taken down, burnt down or fallen down, such building or part thereof, shall be rebuilt only in accordance with this Act.

The State Government may, if it considers necessary in the interests of safety or smooth movement of traffic, by notification to be published in two State level newspapers having wide circulation, at least one of which shall be in Hindi language, regulate or divert any existing right of access to the highway across the control zone: Provided that any existing right of access shall not be diverted until alternative access has been given within a reasonable distance.

1. (1) No agricultural land situate within the control zone shall be diverted or converted for non-agricultural purposes without the prior sanction of the State Government or an officer authorised by the State Government in this behalf and subject to any general or special directions of the State Government. (2) Notwithstanding anything contained in this Act, no permission for change in land use or for diversion of agricultural land for non-agricultural purposes shall be granted in respect of any land forming part of the control zone and situate within a distance of twenty five meters from the boundary of a highway, save and except any permission which may be granted under this Act for construction of wayside amenities: Provided that the restriction under this section shall not apply to the control zone situate within municipal limit.

Any permission for change in land use under section 25 shall be granted in accordance with applicable laws and subject to payment of betterment charges to the State Government or the Authority, as the case may be, for an amount equal to the market value of the land to be determined in accordance with the provisions of sub-section (4) or sub-section (5) of section 12.

Any construction, works or excavation carried out in violation of the provisions of Chapter III of this Act shall be liable to removal under section 42as if it is an unauthorised occupation of the highway, and shall be punishable as if it is an offence under the provisions of section 77 of this Act.