Power to fix highway boundary, building line, control line, etc

(1) The Highways authority of any division may, by notification, in relation to any highway or any area in that division, where the construction or development of a highway is undertaken or proposed to be undertaken, fix--

(a) the highway boundary, building line, or control line; or

(b) the highway boundary and the building line; and

(c) the building line and the control line:

Provided that before the publication of the notification under this sub-section, a draft of the said notification shall be published inviting objections, if any, on the proposed fixation.

(2) The draft of the notification under sub-section (1) shall contain--

(a) all details of lands situated between the highway boundary line and control line proposed to be fixed and in the case of new works, the lands and persons benefitted by the construction or development of such highway, and

(b) notice requiring all persons likely to be affected by such notification, to make their objections or suggestions, if any, in writing, with respect to the issue of such a notification, to the Highways authority within such period as may be prescribed.

(3) After considering the representation, If any, received under sub-section (2), the Highways authority may, with the approval of the State Highways Authority-

(i) drop the proposal to fix the highway boundary, the building line or the control line; or

(ii) publish the final notification under sub-section(1) with such modifications as may be considered necessary.

(4) Notwithstanding anything contained in sub-sections (1), (2) and (3), the Government may, in consultation with the State Highways Authority, having regard to the situation or the requirements of any highway or the condition of the area through which such highway passes, --

(a) fix different building line and control line for such highway; or

(b) refrain from fixing the building line or control line for such highway or portion thereof.