The Madhya Pradesh Rajmarg Adhiniyam, 2004

(,34 (26) MADHYA PRADESH ACT No. 11 OF 2005 THE MADHYA PRAOF.SH RAJMARG ADHINJYAM, 2QO;l. TABLE OF CONTENTS Set-lions : CHAPTER-I PRP.LlMJNARY I. Shon title, extent and commencement. 2. Definitions, CHAPTER--n OECl,ARATJON OF lllGHWAYS, HIGHWAY AUTHORITIES AND THEIR POWERS AND FUNCTIONS 3. Declaration of roads, ways of lands as highways. 4. Appointment of Highway Authorities. 5. Powers and duties of Highway Authorities. CHAPTER-ID DEVELOPMENT AND MAINTENANCE OF HIGHWAYS 6. Power to enter land for reconnaissance and preliminary survey in connection with highway schemes, 7. Preparation of schemes for highway development. 8. Power to do certain acts for execution of highway schemes. 9. Maintenance of highway plans. 10. Demarcation of road boundaries. 11. Annual check of road boundaries. CIIAPTER--JV REGULATION OF rus USE OF LAND APPURTENENT TO HIGHWAY 12. Power to fix highway boundaries, building line and comrol line of highway. 13. Map to be prepared and mnlmnlned, 14. Resrncrion on buildings between highway boundary and building line. and between building hne and comrol line. 634 (27) 15. Appeal. 16. Exemption for works in progress. 17. Selling back of building to building line or control line. IS. Regulation or diversion of right of access to highway. 19. -Aoquisition of land. 20. Claim for along by affected person. 21. Mutter; 10 be considered in determining compensation. 22. Detennination of the amount of compensation and declaration of award. 23. Payment of compensation. 24. Reference to court. 25. Collector's statement to ooun. 26. Service of notice. 27. Restriction of scope. 28. Proceedings to be in open court. 29. Fonn of award. 30. Costs. 31. Interest on enhanced compensation. CHAPTER-V PREVENTION OF UNAUTHORISED OCCUPATION AND ENCROACH.\1ENT ON A HICHWAY AND REMOVAL OF ENCROACHMENT 32. Land forming part of highway deemed to be Government property. :n. Prevention of unauthorised occupation of highway. 34. Removal of encroachment. 35. Appeal against notice served under section 39. 36. Recovery of cost of removal of encroachment. CHAPTER-VI SUPPLEMENTAL PRO\IISION RELATING TO COMPENSATION 37. Determination of amount of compensation by agreement. 38. Compensation for cutting of standing crops, trees. 39. No compensation for unauthorised erections. 40. No compensation for removal of encroachment. 41. Payment of adjustment. CHAPTER-Vil PAYMENT OF BETTERMENT CHARGES 42. Notice to owners and persons interested. 634 (28) 43. Inquiry and order. 44. Increase in value and I- ..• erment charges. 45. Finality of order fixinv betterment charges 46. Remedy to person aggneved. 47. Beuerrncnt charges be recoverable as orders of land revenue. CHAPTER-VIII SUl'Pl.EMENTAL PROVISIONS TO SECURE SAFETY OF TRAFFIC or AND PREVENTION DAMAGE TO lllGll'.VAYS 48. Prevention of obsuuctlons of veiw of person using any highway. 49. Highway authorit f 10 regulate rrafflc when highwuy declared unsafe. SO. Prohibition of u: •f heavy vehicles on certain highway. 51. Procedure to bt owed when Highway Authority desires to CIO$C any highway pt:mlllnently. 52. Consent of highw~y authority required to do certain acts on highway. 53. Prevention and rectification of damage to highway. HAPTER-IX P£NALTIES S4. Disobedience of orders, instructions and refusal to give "'t'Onnation. SS. Conuavention of restructions relating to access or erecting any building. 56. Unauthorised occupation of highway. 51. General provision ic: punishment of offences. SS. Power 10 compound offences. HAPTER-X MISCELLANEOUS 59. Powers and duties of police. 60. Duties of village officials. 61. Eviction. 62. Cenain persons to be public servants. 63. Bar of jurisdi<:rion. 64. Protection of persons acting in good faith and limitation suit or prosecution. 65. Power to make roles. 66. Provisions of this Act or rules to prevail over inconsistent provisions in ocher laws. 67. Repeal. 634 (29) MADHYA PRADESH ACT No. II or; 2005. THE MADHYA PRADF-SH RAJMARG ADIONIYAM, 2004. IRttthrd lhe as5<UI ~ U>< rrc.idtJJt 011 tl1e l0tb JuM, 2005; ~nt """ publish«! In tbe "MJildllT<l l'ra<k<b Cautt• (Extr2·ordlnar1)" dat<d tbc 2nd Jul1, 2005.) An Act to provide for the declaration of eertaln roads to he the hig)lways and to provide for regulationo f tL'IC of land appurtenant lo highways, for the construction, maintenance and development of highways, for the prevention and removal of en<:roacbmeot thereon, for levy or betterment charges and for certain other matters and to provide for the public such tOodllJons as will ensure, road safety and maxlmum efficiency of all means of road trun;port on higbwuys in the State of Madhya Pradesh. Be it enacted by the Madhya Pradesh Legislature in the Fifty.fifth Year of rbe Republic of India, as follows:- CHAPTER-I PRELIMINARY I. (I) This Act may be called the "Madhya Pradesh Rajmarg Adhiniyam. 2004. Sll•r1 titl~, ea te.ad .. _nd rom (2) It extends to the whole of the State of Madhya Pradesh. -1. (3) It shall come into force on such date as the State Government may, by notification in the Official Gaulle. appoint. 2. In this Ac1 unless the context otherwise requires,- (a) "building" includes any erection of whatsoever material and in wbarsoever manner constructed (including a farm-building for agricultural purposes) and also includes plinths, door steps, walls (including compound walls and fCllCCS) advertisement boards and the like; (b) "building line" means a line on either side of any highway or pw1 of a highway, fixed, in respec; of such highway or pMt thereof, by " notification issued under sub-section (1) of Section 12; (c) "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; (d) "court" means a principal civil coun of original jurisdiction and includes any special judicial officer appointed by the State Government for any specified local limits to perform the functions of the court under this Act; (e) "control line" means a line on either side of any highway or pan of a highW3y beyond the building line. fixed in respect of such highway or pan thereof, by notificmion issued under sub-section !1' ·)f <;~tion I:>· (f) "compeiem authorily" means the Staie Government or a local authority or any officer of the State Government or local authority notified by the Stale Government competent to sanction the construction of or repair to a highway; {g) "excavarir-i" in retauon 10 any piece of land meat.s piercing 1h~ • ,rracc of that piece of land and includes digging of wens and t:ln~s; 634 (30) ~ ~. ~ 2 T~ zoos (h) "encroachment" means occupation of any highway or pan thereof and includes.-« (i) the erection of a building or any other structure, balconies, thresholds porches. projections on. over or overhanging che highway land: (ii) occupation of highway beyond the prescribed period, if any, for stacking building materials or goods of any ocher description for exhibiring articles for sale or erecting poles, awnings. cents, pandals and ocher similar erection or for parking vehicles or stabling domestic animals or for any ocher purposes: and (iii) excavations or embankments of any kind made or extended on any highway land: (i) "highway" means any thoroughfare or land declared to be a highway under section 3 of this Acc: 0) "Highway Authority" means the Auchority appointed as the Highway Auchoricy under section 4 of or if no such appointment has been made, the State Government; (k) "highway boundaries" means the boundaries of a highway fixed, in respect of such highway. by notification issued under sub-section (I) of Section 12; (I) ibe expression "land" and "person interested" used in this Act shall llave the same meanings as the said expressions have in the Land Acquisition Act, 1894 (I of 1894): (m) "occupier" includes:- (i) any person who for the lime being is paying or is liable 10 pay to che owner rent or any portion of the rent of the premises in respect of which such rent is paid or is payable: (ii) an owner living in or otherwise using his 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; (n) "owner" means:- (a) when used with reference to any premises. the person who receives the rent of the said premises or who would be entitled 10 receive lhe ren1 thereof if the premises were lei, and includes- (i) an agent, manager or trustee by whatever aame he is called who has a control over the premises or who receives rent on account to !he owner: (ii) an agent, manager or trustee who receives 1he rc111 of, or is erurusred "'ilh. or concerned with any premises devoted co religious Of cna.rit.able purposes: (iii) recci vcr, sequestrator or manager appointed by any court of competent jurisdiction; and (iv) a monagagee in possession: 634 (31) (b) when used with reference to an lnstirution or a body corporate. the manager of such institution or body corporate; (o) "public place" means a road, street, way or other place whether a thoroughfare or not. to which the public have a right of access, and includes any place or stand at which passengers arc picked up or set down by a public vehicle; (p) "public vehicle" means any vehicle used or adapted to be used for the carriage of passengers or goods for hire or reward; (q) "roadway" means the width of highway measured between outer edges of shoulders at any point along the highways; (r) "survey" includes all operations incidental to the determination, measurement and record of a boundary or boundaries or any pan of a boundary and includes a resurvey; (s) "survey mark" means any mark or object erected. made. employed oc specified by a survey officer to indicate or determine or assist in determining the position or level of any point or points; {t) "survey officer" means any person appointed to be a survey officer under this Act; (u) "thoroughfare" means a road. street, lane, bridle path or a foot-track. whelhcr surfaced or unsurfaced, whether on land owned by the State Oovcmment or a local authority or on land belonging to a private person over which the public have or have acquired. a right of way by usage and includes - (i) the slope, berm. borrow-pits. footpaths, pavements and side drains of any such thoroughfare; {ii) all bridges, culverts, causeways, carriage ways or other road structures, built on or across such thoroughfare; and {iii) the trees, fences, posts and other highway accessories and materials and material stacks on the thoroughfare or on laud attached to the thoroughfare; (v) "vehicle" means motor vehicle and includes a barrow, plough. drag and a wheeled or tracked conveyance of any description capable of being used on a highway. CHAPTER-H DECLARATION OF HIGHWAYS, HIGHWAY AUTHORITIES AND THEIR POWERS AND FUNCTIONS 3. The State Government may. by notification in the official Gazette, declare any thoroughfare Dttlaratioa or or land to be a highway and classify it as- roads, ways or l1ods :H tngb. ...., . {i) an express highway, (ii) a state highway, (iii) a major district road, (iv) other district road, (v) a village road. 4. The Stare Government may. by notification in the official Gazette, appoint for the purpose Appoint mot of this Act or any of its provisions. any person or any authority to be a lii&hway Authority foe ot lli&hw-ay oil the highways in the stare or in part of the Mate or for any particular highway or htgh"ays in AulllOritlr<. the state. --- ·---- --- ------- . -· 63<1 ( 32) ~ ~. ft:'lr"' 2 ~ zoos Powt:rs and ·5. (1) Subject to such condinons as may be specified in !he llOlilication appointing a Highway dull .. or Ui&h· Authoriry and subject to the general or special orders of the Slate Government. a Highway way A\llborities. Authority shall exercise powers and discharge duties in accordance with the provisions of this Act, for the restricuon or regulation of use of land appurtenant 10 highway.., for prevention and removal of encroachment and for all matters necessary and incidental 10 any or all of the above subjects. (2) Subject to the approval of the Stale Government and to such genenil, or special orders which the Slate Government mny make in this behalf. it shall be lawful for a Highway Authority to undertake or cause to be undertaken the conswction, maintenarce, development or improve111CJ1l of highways. CHAPTER·llf OEVF.LOPMENT AND MAINTENANCF. OF HIGHWAYS Po•t:f' 10 eeter 6. (I) The Highway Authority or any officer not below the rank of a sub engineer of Public land for Works Department or local body or any person aulhorir..edb y the Highways Authority in this behalf, rtt:oooaiuance lDd prtliminary may for the purpose of carrying out any of the provisions of this Act- wr'\'Cf iD oottD«llon (a) enter upon any land along with his workmen and survey and take measuremenis -w.U..b. ....b iabway and levels on it; (b) mark such levels. dig or bore into the subsoil and do all other wodcs necessary 10 ascertain whether !he land is suitable or not; (c) SCt·OUl the boundaries of the proposed highway by placin;; marks and cutting trenches; (d) cut down and clear any pan of a slanding crop, fence etc, 'A here otherwise survey cannot be completed and the levels taken and the boundaries marked, and (e) do all other acts necessary in this behalf: Povided that no person shall enter into any building or any enclosed court or garden attached to a dwelling house or cul down and clear any part of standing crops, fence etc. without the consent of the occupier thereof or ...~ thout giving such occupier at least 48 hours notice in writing of his intention .o do so. (2) The Highway Authority or the authorized official shall, at the time of such encry pay or tender payment for all necessary damages to be done as aforesaid and in case of dispute as 10 the sufficiency of the amount so p.lid or tendered, shall within a period of seven da~. refer the dispute and deposit offered amount if not accepted, for the decision to the Collector of the district and his decision shall be final. Prc.paratto. •f 7. (I) The Highway Authority on its own accord or if expressly requested by the competent K blg bt h o: • ll • l r H de r v . c r . . authority shall, subjecl 10 the other provisions of this Act a.nd subject to such rules as may be lopmeot. framed by the State Government for this purpose, prepare and submit 10 the competent authority for sanction, a detailed ,,..neme for the construction of a new highway or the iroprovemenl of or repairi to an existing one. (2) Such a scheme may provide for,- (a) the acquisitioo of any land. which in the opinion of the Higltway Authoriiy is considered oecessary for its execution; 634 (33) (b) the demarcation and for preparation of layouts of all or any of thc lands so acquired for different purposes; :c) the diversion or closure of any exisung highway or a section of sueb highwa); (d) the oonstruction or reconstruction of the roodway including us "'dcrung. lc•elltn11- $urfacin1. bridging. severing. dra1n1ng. water supply and street ligh11n1 1mmgements and planung of roodstdc trees; (c) the laying our of footpaths, cycle trncks and special traffic lane.> for any kmd or class of vehicles, the designing and seumg of parkm bays and petrol. filltnt and service stations and Other rood side amenities, the location of ad•crt1\emcnt l)O)U and btllboards; and (() the layout of access ronds u1 suitable distance co11ooc1ing the h1ghw:ty or the proposed h11lh" ay with the adjoining properties. 8. When the competent authorny has sancnoncd the h11lhway schemes prepared in pursuance Pew-u •• dt of Sccuon 7 and arranged the necessary finances for its execuuon, the Highway Authority shall rtt1aln 11c:U for uccutloo of proceed to carry out the work and may, for this purpose hiall••rldl<lmo. (a) enter mto and perform all such contracts on be.half of the competent authonty as may be considered necessary; (b) make arrangements for the acquisition of the lands required under the ~ by ouuight gifl or purchase by agreement. with the owner or O"Mr$, or faihnll such agreement. by resort 10 the provision of the Land Acqu1s1t1on Act, 189-1 (I of 1894) as amended from time to time: (c) tum, divert or close either temporarily or permanently any e~tsting higb"ay or portion thereof: and (d) regulate. subject to such rules as may be prescribed in t!:tis behalf, the kmd. number and speed of vehicles using any highway or portion thereof by means of barrier. diversion roads or Other means. 9. (I) The Highway Authority shall maintain authoritative ptans for the htfhWllys in tb \\amtenanc. of charge. IJJJ;:b""Y pl..m. (2) SU<'h plans shall show clearly the boundaries of' the bigh"ay. lhc detailed me:isurcmmb of road "idths. the distances between boundarv m.irls and sufficieru measurcmcnt5 from fil!Cd points 10 enable tl-e refixaticn of the postlton of ·boundary marks, 111 case they have been displaced or tempered "11h. (3) The H ::,hway Authority shall have all such authoritative pl3ns prepated after having a WI'\ C) made of the highway and their boundaries in the manner prescribed. 10 The dighw'1y Authority shall have the boundaries of the h1ghwa1• in its charge 0.-marnllon or demarcated w1lh reference 10 the auihoritmive plans mainlllincd by 11, by planting stooes or ocher "" """ndaricl. suitable marts of a duroble nature at intervals all alonll the highway tn >t.eb a manner lh.lt •he 1m.ag11wy hnc Mining such stones or mart.s shows the road boundary correctly. (2) Whcr~ there arc bends or kinks in the road boundary. the stones or marks shall be so located as to i;.-e the CQIT~'Ct confiauration of the boundary if they an: J()incd by sualJht lines. . ·- --- ---- ----- ----- -·~ 1)34 (34) (3) The boundary stones or marks, which may be given consecutive numbers. shall be maintained on the ground as if they constitute pan of the hii;hway. Cbcck or rood 11. (I) II shall be the duty of the Highway Authority to ensure th;11nopanof1he highway bool>dari<:!:. is encroached upon and for this purpose shall conduct regular cbeck of 1he boundaries of the highway in its charge with a veiw ro locating unauthorised encroachments rf any. (2) When an unauthorised encroaehmeru bas been made on highw:iy, the Highway Authority shall lake immediate steps as specified in section 34 for the removal thereof. CHAPTER-JV rue RSCUL..ATION OF USE Qt' LAND APPURTENANT TO lllCHWAY Powtr to fix 12. (I) In any area in which the provisions of this Act have been brought into force. and btCb"•Y bouHdarte.s. (o) where any roadway or land has been declared 10 be a highway under !his Acl. or buildioi llne and conttol lint (b) where she construction or development of a highway is under taken; of l14hway. the State Government may, by notlfication. in the official gazette fix or modify with respect 10 such highway, the highway boundaries, the building hne and the control line with a view 10 demarcate the area appurtenant to a highway in older to regulate IM use of such area : Provided that having regard to rhc situation or the requirement of a highway or lhc local circumstances, it shall be lawful for the State Govemmeni.- (i) to fix different building lines or control lines. or (ii) nor 10 fix building lines or control lines in respect of any highway or portions thereof. (2) Not less than sixty days before issuing a notification under sub-section (I). the S1.11e Government shall cause to be published in the official Gazelle and in the prescribed manner in the village and at the head quarters of the tehsil and the district in which the highway is situated. a notification st:1ting that it proposs to issue a notification in terms of sub-section (I J and specifying therein all the land situated between th,. l>'ghway boundary and the building line and helwcen the building line and the control line proposed 10 be fixed under such notification together with a notice requiring all persons affected by such notification. who may wish to make any objection or suggestion with respect to the issue of such notification, 10 submit their <"•bjections or suggestions in writing to the Highway Authority or appear before such authority wnhin one month of the publication of the notification in the official Gazette or within fifteen da~s from the dale of the publication of the notification in the village, whichever period expires later. (3) The Highway Authority shall, after all such objections or -uggesuons have been considered or heard. as the case may be and after such further enquiry. 1f any, as it may 1h1nk necessary. within a period of six months, forward to the State Governmc-u a copy of the record of rhe proceedings held by it together with a report setting forlh 11s rccommeodarior« on the objections and suggestions. (·I) If, after the expiry of the time allowed by sub-section (2). for he filing or heanni: of objecrion» or suggestions. no objection or sugge,11on has been m:tdc. the ~tale Government shall proceed nt once 10 issue the no1ificurion under sub-section (I). If an} •11< h lb.JCC1ion or su2gcs1ion has been made. the State Governmcm shall. consider the record and rn,· r 1Xlft referred 10 on <ub section 13) and may eitbcr, (a) abandon !lie proposal 10 issue a n0tification under 'ul"o ,. non (I). or 634 (35) (b) issue the notification under sub-section (I) with such modifications, if any, as it may think fit : Provided 1hot if no· notification is issued under sub-secnon (I). within a period of six months from the appointed day the prop wal sh311 be deemed 10 have been abandoned. (5) In considenng the objections or suggestions. the decision of the State Government on the question of issuing the notification under sub-section (I) shall be final and conclusive. 13. Wilhin t"t' months from the date of publication of notification under sub-secuon (I) of Mop to bt Section 12 fhing highway boundary. building line and conrrol line with respect to nny highway. pr#partd aod maln11ll><d. 1he Highway Authorit} shall cause a map to be made showing rhe alignment of 1he highway. the highway boundaries, building and conrrol lines and any other particulars necc:Mary for !he purpose of this Act and such map shall be kept in the office of the lliithway Authotiry. such map whoch shall bear the seal of the Highway Authority. shnll be open to inspection. Copies of such map shall alw be ~cpl for inspection 31 such other places as may be prescribed. Extr.1ct or copies of such map ~hall be n ade available 10 any person on payment of prescribed fees. 14. OJ No permission for diversion of agricultural land for non-agricultural purposes )hall Rttlrltlfoo ou be given in the area of land l)•ing between the highway boundary and control lines without lhe buildlng prior sancuon of the Collector of the district and subject to - any general or special directions of higt:.w•J' boun dary and build· the S1ate Government. in~ Jin" •Dd b<h•'ttn bW!dlng (2) Notwithstanding anything contained in any law, custom. agreement or instrument for the ""4 <oolrol tin<. time being m force, on nr after the appointed day, the following restrictions shall, subject 10 the provisions of this Act. be in force. that is 10 say no person shall, without the previous permission in writting of the Highway Authoruy-« (a) upon any land lying between the highway boundary and the building line, proposed to be food under sub-section (2) or fixed under sub-section (I) of Section l 2, as the case may be,- (i) construct, form or layout any means of access to or from highway: or (ii) materially arter any exisung building; or (iii) make or extend any excavations; or (iv) construct, form or layout any work, however, construction of any building shall not be permitted upon such land. (b) upon nny land lying between the building line and the control line proposed to be fixed under sub-section (2) or fixed under sub-section {J) of Section 12. as the case may be,- (i) construct, form or layout any mems <'f access to or from a highway; or (ii) creel any building: or (1i1J materially altc> any existing building: or (iv) make or extend any excavation; or (v) construct form or layout any work. J 634 (36) ·~~.~4:"2~2005 (c) alter the use of any building already erected, it> a manner. which will, infringe any of the provisions of this Act or imerfere wit~ lhe use of a highway sdjoining the laud on which such building is erected. {3} Every person desiring 10 obtain permission under sub-section (2) shall mate an application in wrili11g to the I lighwny Authority in such fonn and containing such infonnalion as may be prescribed in respect of 1hc building. alteration, excavation, worl.s or means of access. as the case may be, to which rhe application relates. (4) On receipt ot the application, the Highway Au1hori1y. after making such funhcr enquiry ns 11 may consider necessary. shall, by order in wriung, either,- (a) granl the permlsslon subject 10 such condhions, if any. as may be specified in the order; or (b) refuse to grant such permission : Provided that - (i) the permission under clause (a) of sub-section (I) 10 the maling of any exuvalion or construction, formation or laying out of works in land for the purpose of repairing, renewing. enlarglng or maimaining any underground sewer. drain, electric line. pipe, duel or other apparatus, shall ll()( be withheld nor be made subject 10 any conditions as may be necessary for securing that such sewer, drain. clcctnc line, pipe, duct or other apparatus shall be laid in such manner and ni such levels that the consrructi. • development or majnienance of a road there over will not be prevented or pr Jdicially affected thereby; (ii) the permission under clause (c) of sub-section (I) to the erection, re-erection or alteration of a building or the making or extending of any excavauon which confirm 10 the requirements of szfety and convenience of traffic on the adjoining road. shall be neither withheld nor made subject lO unreasonable conditions; (iii) the permission for following works shall nOt be required - (a) agriculture, (b) borucunure. (c) pisciculture, ( d) pasture. (e) poultry farming. (f) dairy farming. (g) construction of wells, tube wells and bore wells. (5) When 1he Highway Authority refuses permission, the reasons thereof shall be, recorded and communicated to the applicant: Provided that nothing therein contained shall debar a person from making a fresh applica ion after omiuing therefrom the objectionnbte features communicated lO him as afOfeSaid on llCC< uni of which such permission was refused. (6) Whenever an application for oermtsslon under the proviso to sub-section (5) has been made to the Highway Author ity, it shall be obligatory for the Highway Authority to drspose of ..he •amc witilin u penod of mrve month•. ----------. ----~- 634 (37) (7) The Highway Authority 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. Explanation :-For the purpose of this section, "the appointed day" shall, with reference to any highway boundary, building line or corurol line. mean-' (i) the day on which the notification is published in official Gazette under sub section (2) of Section 12 proposing to fix such highway boundary. building line or control line; and (Ii) if any modification is made in proposed highway boundary. building line Of control line: the day on which the notification is published under sub-section \I) of Section 12 fixing such highway boundary, building line or control line. IS. (I) If any applicam is aggrieved by any decision of the Highway Authority under section App<aL 14, withholding permission or imposing any condition, he may appeal to the State Government or any Authority to be notified by the State Government within thirty days from the dAte on "'hich such decision was communicated to him. (2) The Authority hearing the appeal may, after giving an opportunity to the appellanr to be heard. make such order, as it may think fit within 30 days from the date of filing appeal and the decision of srcb Authority shall be final. l6. No -esrricrions under section 14 shall apply to any excavation or works ncccssary for Exemption for the repair; renewal enlargement or maintenance of any sewer. drain, electric line, pipe, duct oc \farks fn other apparatus constructed in or upon the land before the date on which the restrictions C3l1lC p .......... into force or w;th the consent of the Highway Authority on or after that date. 17. If any building or any part thereof, erected before the appointed day, referred to in section Sdtlnt batll of 14. lines between the building line and the middle of a highway, the Highway Authority may. builcfjng to build whenever any such building or part thereof has, either entirely or in greater part, been taken down, i li n n g t . li Dt orooolrOI bumt down or fallen down by notice, require such building Of pan thereof, to be set back to the building line or control line. 18. (I) The Highway Authority may, if 11 i: considered essential in the interest of safety or Regulatioo or convenienceo f traffic, regulate or divert any existing right of access 10 highway across the land dh-.rsioo" 'riglll or sceess to lying between the control line and the highway boundary: lligjlway. Provided that any existing right of access shall nor be diverted until alternative access has been given. (2} Where any existing right of access is diverted, the point at which alternative access is given to the highway shall not be unreasonable distant from the existing point of access, (3) The Highway Authority shall, by notification in the official Gazelle, publish the date on which the existing right of access has been diverted and alternative access h3S been given. 19. (I) II ar any time, on the application of the Highway Authority, rne State Government Atquisiuoo of is satisfied that any land required for the purpose of a highway ;hould be compulsorily acquired, land. it sh311 be acquired under and in acoordnnce with the provisions of the Land Acquisition Act, 1894 (I of 1894), as amended from time to time. 12) In case of urgency, whenever it npJ~lll to 1hc Stare Government th:u the land rs required for temporary occupation by the l Iighwny Authority. it may direct 1 .. e C1>' .etoe to procure rhe ___ J 634 (38) occupation and use of the same for the I lighwny Authoruy as per provisions contained on section 35, 36 and 37 of the Land Acquisition Act. 1894 (I of 1894). C •.g. b .• . im -b.r fo a r rr t d t i tc m d · crops 2 or 0 an W y h l e a n n e d v e is r l f i o k r e ly th e t o p u be rp o ca s u e s e o d f , a t h h e 1 n 1 h th w e a y p e a rs n o y n d a a f m fo : c i t g .e c d 1 ~ 0 Y : tny s u c b o m n i s t u u a c u e o ta n i m o 10 r a c o f m iu p u cn rc > :I o C r for such damage to the Collector. ~lall<rl 10 be 21. In determining the amount of compensation, the Collector .Mii t•kc into consodcntion t-•ci.t:ldtrt·d- iu 1hc damaa:e su~ll!ined by any interested person owing to - d~ (a) the scurng Nck of any bu1ld1ng or pan thereof undet SCl;tion 17, (b) the entry, survey, measurement and <!01n11 any other acl$ m or on any land under section o. Dtt..,,..,...llM"' 22 (I) 011 the d~y Ml fixed. or on any other day to "'hoch the enquiry h1S been adJOllrned, .....,.,., ol com· the Collector shall gl\C claunanr or cla1mJn1' an opportunity of lxmi: he;irJ in person « by any pc"'ulu •nd person authori7ed by him in this bchalr or by a pleader and sNJI. aflcr hcanng all the daoms dttlarallon or •~111'd. and af\er making bUCh further enquiry, of any. as he thrn~s necessary. detenrune the amount of compensation in respect of the damage and the derertrunarion so made: by the Collector 1n the prescribed manner shall be final: Pro\ided that 11(> such d •1erm1nallon of •ompens;,1t0n Piall be made by th.: Collector uwlcr this sub-secuon without the previous approval of the Stale Government or such other officet" as the Stale Government may authorize in this behalf: Provided funher that the Collector may make an order of the detmn1n:it1011 of compciuauon withou1 such approval in such class of cases as the Sta1e Go\'ernment may sp«1fy in this bdlalf. (2) The Collector ~hall make an award of derermmation of compensauon under sub-section (I) within a period of six months from the date of apphcauon and lhc li<t of persons geuing award of compensation shall also be published in two newspapers, one of v.hich ~all be in Hindi Language. · 23. (I) Whenever an order of dererminauon is made by the Colledor under sub-seciion (I) of section n, the Coll«tor shah 1crder pavmem of compensation determined liy him to the 'verson~ entitled thereto, according 10 the said dererminarion unless prevented by the continscnc:y mentioned in sub-section (2) of section 24. (2) If the person entitled to receive the compensation s!WI noc con.= 'O receive 11 or if there be any dispute as 10 the title 10 receive the compensation or ~ to the apponi<":uncm of ii, the Collector shall deposit the amount of compensation on the court to whidl a reference under section 24 would be submiued: Provided that may person admitted to interested may reeeive su...--11 payment undt2 p<C>te;t as 10 1he ~ufficienc:y of the amount : Provided further that no person who hllll received the amount 01herw1>c than u.1der J!fOl~t shall be enutled to m:i~e •ny apph.:a1ion .. nder-seciion 24 Provided also. that nothing herein conuincd sh;ll affo .• the: liab<1ity of an)' pm.on who may receive the whole or any part of compensa11011 dctcrrnoncJ und.."1' thi> ""' IC' pay the same "' lltc person lawfully entitled thereto. Rcftttue:t lo 24. (I) Any person interested who has not accepted the mdff awarding 1.'0mpcnsation may, ""111. ·•.thin a period of 45 days from the date of order by wr111en apphca11011 to the Collttlor. require ------~ 1:1uimi ~. f~ 2 ~ 2005 634 (39) that the matter be referred by the Collector for the determination of the coun, whether his objection be 10 1he measurement, the amount of compensation, the persons 10 whorn it i$ payable or lhc apponioment of the compensation among the persons interested. (2) The application shnll slate 1hat grounds on which objection to the determination of compensation is taken, 25. The Collector shall. in making the reference state for the information of the coun in Coll<CtOC''s st•t.,. writing under his hand- mentt lo cou.n. (a) the situation and extent of claim, with particulars of any building structure etc. (b) the names of persons whom he has reason to believe arc interested in the claim, (c) the amount of compensation determined under section 22. (d) the amount paid or deposited under section 23. and (c) if the objection be to the amount of compensation. the grounds on which the amount of Compensation was determined. 26. On receipt of reference the court shall cause a nonce, 10 be served on the following or persons, specifying the day on which the court shall proceed to determine the objection and directing their appearance before the coun on the specified day, namely :- (a) the applicant. (b) all persons interested in the objection except such (if any) of them as have consented without protest to receive payment of the compensation determined; and (c) the State through Collector, if the objection is in regard to the amount of compensation. -· 27. The scope of the enquiry in every such proceeding shall be restricted 10 the consideration RKtriuJon of of the interests of persons affected by the objection. 28. Every proceeding shall take place in the open court and all persons entitled 10 practice Proceedings to in any civil court in the state shall be entitled to appear, plead and act (as the case may be) in be io open such proceeding. coon. 29. Every award of compensation by the court under this section shall be in writing signed Form ol aWllnl. by the judge and shall specify the amount awarded together with the reasons of award, Every such award shall be deemed 10 be a decree and the statement of grounds of every such award, a judgement within the meaning of clnusc (2} and clause (9) of section 2 respectively of the Code of Civil procedure, 1908 (5 of 1908). 30. The coun shall, while deciding every reference. also state the amount of costs incurred in the proceedings before ii any by what persons and proportions they ore to be paid: Pmvided th,n, "hen the award of thi· Collector is not upheld. the cost shall ordinarily be paid by the Collector unless the court is of the opinion thnt the claim of the upplicant was so cx1ravag.1n1 or h~ wa' negligent in puuing hb case before the Collector $0 that some deduction from his costs shoutd be made or thar he ,11ould pay a pan of Collector's costs. ·---------J -634 (40 ) Interest on 31. If the sum. which in the opinion of the court. the Collector ou&ht ·O have awarded as compensation. is in excess of the sum which the Collector did award as ~om;>ensation. the aM1rd <Omp<>IS&lion. of the coun may direct that the Collector shall pay interest on such excess at the rate of nine percent per annum from the dare on which the damage was caused to the date of payment of such excess into the court: Provided that the award of the court may also direct that where such excess or pan lhcrcor is paid into the court after the dale or expiry of one year from the date on which the damage was caused, interest at •he rate or fifteen percent per annum shall be payable from the date or expiry of the said period ol one year on the amount ol such l>XCC>S or pan thereof which has net been paid into the court before the date of such expiry. CHAPTER-V PREVENTION OF lJNAlJTl!ORISED OCCUPATION AND £NCROACILM£NT 0 A lllCllWAY ANO REMOVAL OF ENCROACllMENT Lind rorrnins 32. All lands forming part of a highway which even do not already vest in the State pan of highway Government shall for the purpose or this chapter be deemed 10 be the property of the State deemed to be Government. The land shall vest in the State when compensation has been paid or provided. Co v e r n m e u l propmy. P·nn.nUon ar 33. (I) No person shall occupy or cncroacn upon any highway within the highway boundaries. unauthorised OC.C.\lpation or hi.tb"-ay. (2) No right shall accrue tQ any person over any part o( any higil\\ay by way of adverse possession. Removal or 34. (I) When as a result of checking of the highway boundaries o; Olherwise it is foond f'DCl'OOduncnL thal an encroachment has taken place on a highway. the Highway ft,1thori1y or an) officer authorized in this behalf shall serve a notice on the person responsil>le '·'' the encroachment or on his representative requiring him to remove such encroachment and t"5l0'<; the land to its original condition as it existed before the said encroachment wirhin the perKx: >!JC ·.fi,;d in the ll()(ice. . (2) The notice shall specify the land encroached upon and the t:_nir within which such encroachment is to be removed and shall also state that the failure 10 lY:nply within the period specified therein will render the person liable to prosecution and also io "":nmary evicuon, (3) If the encroachment is not removed within the period specif~~ in the notice and no valid cause is shown for non compliance. the Highway Authority or the •• ~'!or:red officer referred to in sub-section (I) may request in writing to the Collector to re.nov the eecrocchrnem and thereupon the Collector shall take action for summary eviction as :f ti: · marter falls within the scope of section 61. (4) Where the encroachment is of such a nature that its immedia ~ remove! i:. considered essential in the interest of safety of traffic on the highway or the •~fe,y of any srrueture forming part of the highway and no notice can be served immediately on the p.rson responsible for the encroachment or his representative under sub-section (I) owmg to his rbseoee or for any orher reason. the Highway Authority or the autborized official may, in >tC:diu••n to prosecution of 1he person under sub S"hOn (3). cirh~r'- • (i) have such protective work as may be feasible al a reasonable cost carried out so as to minimise the danger 10 traffic on 1he highway. or (ii) have the encroachment removed with the help of the police. 1r necessary. ,"\"p'p"" ..' . t . .. • . s .. a . l . n 11 35. Where Ute person on whom on whom nodee 10 remove an cnct()a(;hrnent has been served urder sub-sectioo (l) of section '4 loys claim that 1hr. land in respect of which cn=hmcnt has -----------------------· ---- 634 (41) been alleged is his property, he shall within the time limit prescribed in the notice for the removal of the encroachment file an appeal before the Collector under intimation to the Highway Authority. The Collector shall after due enquiry record his decision iri writing and cornmunicare the same to the appellant and the Highway Authority. The Highway Authority shall till then desist from r:iking further action in the rnaner. 36. (I) Whenever the Highway Authority or any officer authorized under section 34 has under Rtto•-.r) o( '°"' the provisions of section 34 removed any encroachment or carried out any protective work in or rtmo' al or respect of any encroachment the expenditure involved shall be recovered from the person tS'IC'fWrbmftt.l responsible tor the encroachment in the manner hereinafter provided. (2) A statement of the expenditure incurred shall be served by the llighway Authority or the •uthonzed officer referred to in sub section (1) on the person responsible for the encroachment or his representative with a direction to pay the amount within a specified period to the authority mentiocd therein. (3) The statement shall be accompanied by a certificate from the Highway Authority or the authorized officer referred to in sub-secilon'{I) to the effect that the amount of expenditure indicated in the stetement represents the charges incurred and such a certificate shall be conclusive proof of the fact that !he charges have actually been incurred. (4) The material, if any. recovered as a result of the removal of any encroachment shall be handed over lo the person responsible for the encroachment on payment of the amount within the specified period and if such payment is not made, the material may be auctioned and after deducting the amount due from the proceeds, the balance, if 1ny. shal' be made over to such person. (5) If !he proceeds of the auction sale do not cover the total amount due for. the excess over the amount realised by the sale of material or if there is no material to dispose of and due amount h3S not bun paid by the person responsible for the cncroachn-enr within the specified period. the entire amount due shall be recovered from such pcrsou as an arrear of the revenue. CHAP'T'.ER- VI SUJ>Pl.£1\-lENTAl. PROVISION REALATJNG TO COMPENSATION 37. After the issuance of notice under section 19 mid before the determinanon of cmoum of Octmnill2ti011 Gt compenseuon under section 22. the Collector may enter into an agreement. for setting the amount amcunr of of compensation inclading apportionment of such amount among persons interested. with any oorn.,.,.satioa bi person interestec.l and as and when such an agreement is concluded. the Collector sh~1H intimate a;rnmm1. .ro tht Highway Aughorit!' the fact cf conclunor, of the agreement witl • certified COf->' thereof and thereafter the Collector shall stop further proceedings wiih regard to determination of the amount of compensation under section 22 and shall make payment to the person or persons interested in accordance with the said avcement: Provided that no such agreement shall be concluded by the Collector under this section •> without the previous approval of the State Government or such other officer the Stale Government may authorize in this behalf. 38. Al the time of any entry, survey or measurement or doing of any of the things under Compenu•ion section 6, the officer making the entry. survey or measurement or doing anything, shall prepare a for rulliog or dcr\\ilcd repon of the damage done as a result of such entry, survey. measurement .:;; execution of "h1111din~ C'rops, work including the culling of standing crops, trees 6r removal of temporary structures. if any, on trtt\. rh- l•nt.l "'IJl'l forward ii to the Collecror 101 consideration at the stage of determination ot com1~~t'"" under secuon 2:. 39. If any person has unauthorised erected, re-erected, added or altered any building on any No «HUptttCd.iou land, which is required for the purpose of a highway. then nny appreciation in the uttlity of the for unaucboriscd l3nd from such ercc11011, re-erection, addiuon or alternation shall not be taken into account in ...... ioo.. determining the amount of compensation under section 22. 40. No compensation shall be payable for the removal of any encroachment. No con•pmsatio• (-ot rtfttJO\ll - Of !>::4 (42) l'•rn1<01 by 4 t. All payments due 10 be made 10 any person by w:J.y or compcma1ion by lhc: Highway adjou-.a. Autliorit) under rhrs Act shall as for as possible be m:idc by :idJus1~1 in lUCh per;ons·o ;M:COunt regarding beucrment charge ir any. due from such person under Chapter-Vl]. CllAP'I ER·V J I PAYMENT Of 8£TrERM.El\I CllARGES Sohtti to o"ntts 42. Where any "orl., which " llighw•y Authority rs cmpo"ered tu undnakc on a hi&hwo.v lad pfr)OOS by or under the provisions of 1h1s Act. os undertaken, the officer att'hOn7.ed by the Stal<: intl'n'docl. Oovemruem in 1hi> behalf snail give 11011cc 10 the persons l.no"n or believed 10 be the o"oc~ of. or 1ntel'e$ted in the land benefited by a \\'(>tic. rcqurnng them lo appear before him euher personally or by nn n11cn1 at n time ~nd place therein mentioned (such time not beinJ: earlier than thirty days frnm the date or notice) and 10 s1a1c 1l1e1r objcclions. if any. 10 the 1mpos111on and recovery of beuermem cha11:cs on such land : Provided 1ha1 no such notice shall be &•'en unle.s the ll1ghway Auth«ity v.nh the rrc•IOU) i.:rnctaon of the State Government has declared that the value of such lands is bkcly to 1ncrc:\SC or has increased by reason of the construction or such \\Ork. ud 43. On the date fixed under secuon 42 or on such other dote 10 "hi~h the 1nqutry may be adjourned. the officer uu1horiicd under secuon 42 shall, after hold1na a formal inquiry and after hcarina the objccuon~. if any. mtcJ by the persons as required by noticc ullllcr section 42. make on _prde1. The order ~hall spc ·1fy - (a) the lands benefited by the construction of '''Qc-1.$; (b) the increase m the value of ~h lands by the pc-oposcd cn<IS11UCtion; and (c) the amount of betterment charges leviable on each of the s~ud lands: Provided that the beuermenr charges shall be leVlCd from the dale or onkr nf di\ ersion passed by sub divisional officer {Revenue) under Section tn of Madhya Pr:ldesh Land Revenue Code. 1959 (No. 20 of 1959): Provided further that no beuerment charges shall be leviable m respect of any land- (1) which is unsuitable for dc,·eloprncnt as a building site, cw (ii) which is situated beyond a distance of two hundred meteres from the middle of the highway on either >idc- lncn:.1se in udue 44. The increase in value on account of the construction of work shall be the amount by a ~ cd br ~ u e.rm.~nt which the value of the land on the date of the completion of the proposed "U'l is likely 10 exceed or has exceeded the value of the land on the date of the commencement of the ~id worl and the bettcrmem ch•rg~s shall be one founh of such ioerease in value. E:xplnnation.-For 1he purpose of this section the State Govemment shall by notification in the official Gazeue specify- or (a) the date of commencement the consrruction of :iny v.<>rk; and (b) the date of completion of such worl.. f1mlM7 al onl<r 45 The order. fixing the beuermem charg~. made under secuon 43, lhall be firul. fluac bd1mnm1 d~flt!J. R•wf'dr 10 46.

Any person uggnc•cd by 1he orJcr fix111a the beuerment charges may, approach a coon "'"""" ·~n<>OO. of competent jurisdiction. RaranKOt c11ar· •17 The beuermcm choigcs recoverabte an respect or any l311d, 1r 11(.ll p:aad 'lull be l'CCO\crablc in t... tXO\ tn· 3, am~a1<. of land revenue. ~ , .... a- *>f bnd r("\(t\04 - -- . I lluiro1 ~. ~ 2 ~ 2005 634 (43) CHAPTER-VIII SUPPLEMENTAL PROVISIONS TO SECURE SAFETY OF TRAFFIC ANO PREVENTION OF DAMAGE TO HrCHWAYS 48. (l) Whenever the Highway Authority is of opinion that it is necessary for the prevenrion Pnnndon of of d3nger arising from obsuuctions of the view of persons using any highway specially al any obsrn.atlons or bend or corner of the highway. ii m•y save as otherwise provided in Section 16, serve a notice '\·fe:w of ptrsoo using any hiitb· upon the owner or occupier of land alongside or at th11 bend or comer of such highway to alter ""J'· within such lime nnd in such manner as may be specified in the oouce the height or character of any existmg wall (nm being a wall forming pan of a permanent structure) fence. hedge. trees, advertisement posts. billboard or any other object thereon, so as 10 cause it to conform with any requirement specified in the notice. (2) Reasonable expenses incurred by the owner or occupier in comlying with the requirement of the notice shall be reimbursed to him, provided the objecl or obstruction bud not been constructed or erected in contravention of nny law for the lime being in force. Determination of the amount to be reimbursed shall be made by me Highway Authority and the decision m this rCSJlCCI sh311 be final. (3) No expenses incurred in case of removal or the object of obstruction constructed or erected in contraventi - of any la\\ or byclaw for the time being in force shall be reimbursed in oomplying with the requirement of the notice. Action against concerned person who has constructed or erected the OOJCCt of obstruction in contravention of any law or byelaw shall also be 1akcn as provided in the relevant law. (4) If any person upon whom a notice has been served under sub-section (I) objects to comply with any requirement of such notice. he may within one month of the receipt, send to 1hc Highway Au1hority his objection in writing stating the grounds thereof, (5) The Highway Authority shall, within one month of the receipt of the objection, consider the grounds advanced and shall by order in writing, withdraw the notice or amend or confirm it. (6) If a person is aggrieved by an order passed by the Highway Authority under sub-section (SJ he may. prefer an appeal within fifteen days from the date when such order was communicated to him. to 1he Csllector, whose decision in the mailer shall be finJI. (7) (a) lf any person fails !O comply with the notice served on him under sub-section (I) as amended or confirmed. as the case may be, under sub-secuon (5). the Highway Au1hori1y may take action to alter the object causing obstruction of view. \l>) Any expenditure incurred by the Highway Authority in alterinj! the object causing the ~roresaid obstruction of view shall be recovered from the person concerned if the said objecr was constructed or creeled in contravention to any law in force in this respect, without prejudice to the action provided for in any other law for the time being inforce, 49. lf al any lime. ir appears 10 the Highway Auibority that any highway In us cbarge or llit;h~ ay Autbo any portion ibereof, b or has been rendered unsafe for vehicular or pedestrian traffic by reason ruy co rf'f;ulatC: of demage or otherwise. it may. subject to such rote as may be prescribed in this behalf, either lraffit \\bto blgbn)' eeet close !he llijthway or the ponion of it 10 all iraffic or 10 any class of tramc. or regulate the number ued uttUft.. and speed or weight uf vehicles using the highways. 50. Where !he l lighway Authority is satisfied 1ha1 nny highway or a ponion thereof. or any rrebtbhlon or budge, culvert or a causeway built on or across 311)' highway. is not designed IO carry vehicles of \Hf t1f lltuiy which the ladenweiglu exceeds such limit as may be fixed in this behalf, il may. subject 10 such \tbldd OD ttrtaiu h~h•r- -• 634 (44) ~ ~. f<Bjq; 2 ~ 200S rules as may be prescribed in that behalf, prohibit or resmct !he plying of such 'chicles on or over such highway or such pan of the highway or such bridge. culvert or causeway. Prc>t"cdoro ro be 51. (I) Whe1e in exercise of the !)Owen. conferred by Section 49 the Highway Autboriry· folio"'t d "hen h!Ab"aJ •u:ho· desires 10 close down any hrghway or part thereof, permanemlj', it shall gi~e not;•-e o( its imcmion rfly 4~dnd ,o to do so by 11n1ilicm;,;r. in tile offoci1! Gl1~11~. The n.Jtilicarioi shall also be pubhM!ed in atk3s1 etese anr htjh· two newscopcis. one of winch ~hal' ~ in Hindt language, "'II}' ner trUHl-tCllly. (~) T.W f1l1:ic~ s~nil indic,u~ the alrernar[,~ route, it any. which is proposed 10 be ;xo,ided or "liich may already be in existence Jmf snall also invite ob;cc1i(l!l5, 1( any. to the propo>~I •o be submiued "ithin such time as may be specified. (~1 ·fhc .liighwuy Ai.trorily sh:•ll finot:sc its pt'"'•(l()S81 to e, lS<· -:!own Joy highway or pan of it after consider-ng the objc~titJns, if 3ny. received w1:h:n ;he specified nme a:xl ,!:all submit the f1"~1 r1wpos:1I to the Stat~ <"'n•:<·mmcnt for approval :osether with such objections a. may have been received i;gainst the proJJ<JSUI. (4) The St'11e Qo.crnmc1•t may either ~pprovc the proposal. with or without modificatioss. or rejecr it. (5) \VJ-en the State Oovernmenr has approved the proposal. it shall. publish its order in the official Gnzeuc. (6) When the orders of the State Government have been published in the official Gaeene, !he Highway Authority shall arrange fer further publicity to be given 10 the <>rdcrs in atlcast two newspapers one of which shall be in Hindi language and the highway Cc' part thereof shall rhen be dosed. Consent or 52. (!) Notwithstanding any thing contained in any other enactment for the time being in lligb...,.y Autho rity requirc"<I to force. no person other than the Highway Authority or ary person authoriu:d by it. shall construe! do eert~in acts or carry any cable, wire. pipe, drain. sewer. channel of any kind through, across, under or over on b.ighny. any highway except with the permission in wntting of the Highway Authority. (2) In giving its consent the Highway Authority may impose ouch cooditio11S 3S it may deem to be necessary and may also impose a rent or other charge for land. forming part of the highway. <><A upiec by or applied to the proposed work. (3) If any person constructs or carries out any work in contravention of sub-section (I). !he Highway Authority may arrange for the removal of such WO<k and restoration of the highway lo i1s former condition in accordance with the provisions oi Section 34 as if the work constuuted an encreachment on the highway anti such expenses. as the Hiiihway Authority may incur for this ;:u<]A-.se •hall, without prejudice 10 any other action that may be taken again>! such persons. be recovered from him in accordance with the procedure provided in Section 36 in so far as that procedure is applicable. P ru n: t v if t i o u li t o io n n A n o d r 53. (I) No person shall wiilfully cause or allow any vehicle or :u1:m:1I in his charge to cause any tfamai;..: to any highway. d..a..m ,. .ge or high· (2) Where in contravention of sub-section (I) any damage has been caused to any hi1'h"ay. the Highway Authority shall have the damage repaired and the eApen,,cs invorved shaii. wit.'iout 1>rej1:dke IC Oii)' Othc1 ncuon that may be taken ag3in-t the person =ponstble for the conrra,·en:io.i of sub section CJ). be recovered from him ia accordance wit~ •he procedure prov.ded i.1 Section 3(1 in 'O far :1' th;1t procedur« 1s applicable. -------------~--=--=----'--::::= 634 (45) CHAPTER-IX PENALTIES 54. Wlioc"cr "o!lfully disobeys any dtrecuon lawfully given by any person or authority Oisobt'dicnct- of empowered u.idc ;,., Ac1 10 ~ive such direction or obstructs any person or authority in the ordc-n, instruc ciO«b aod refusal d o 1 r s c b h e a m rf g c r n eq f u a ir n e ) d C ~ t .. ' l ~• o io r n s u nd 1 e h r a 1 t s h u is c h A p c e 1 r t s o o n s u o p r p l a y u th an o y ri ty in f i o s r m em at p io o n w , er w ed i1 h u h n o d ld e s r t s h u i c s h A m ct f o 1, r 1 m d a is ti c o h n a , r ge o r 1 n 0 n itio g, n h . t iofor· £""-~ inform~tio, • hrch he knows 10 be fo::.c: or which he does not believe 10 be lrue shall, on conviction. be pu-" ~db)e wilh fine which m.1y cxtci:<l 10 two thousand rupees, 55. Who<l'• .-: erects. ahcr, or extends ~ny uui!dong or makes any excavation. or consuucts Coo•ra•<:nlloo or any means of '" ~~'' 10 or from a highway or Joe,. any otber work in contravenuon of the rcqri«'tioo' rda· Uuc 1.0 fl«U.'S or provisions or Sc•ti• ·' 14 •hall on cwivicilcn be pu~i>h:ible- trf'C'tlu.~ an' buildb,.. (a) w.1h line which may extend to fhc lhl.l~.1nd rupees; and (b) wi•h f111ther line which may extend 10 one tl1ousand rupees for each day after s11ch conviction, during which the offcndi,1g structure or work is not removed. demolished or cleared and the site not restored to irs original cond111on. 56. Whoever - Unauthorhrd 9C<'UpatlOJl Of bigbW*y. (a) occupies or makes nny encroachment on any hig)lW•Y in cootraveonon of the provisions of sub section (l) or Section 33: or (b) iails 10 comply with the notice served on him under sub-section (I) of Section 34 for no valid reason shall on conviction be punihsable-> (i) for first offence with fine which may extend to five thousand rupees; (ii) for a subsequent offence in relation to the same cneroachrneot wilh fine which may extend 10 ten thousand rupees; (iii} for presistem encroachment, imprisonment upto rwo months plus a funner fine not exceedina five hundred rupees per day on which such occupation of the highway or cocro schmeat continues Explanation.-For the purposes of clause (iii) "persistent encroachment" shall mean continuance or committing of encroachment by any person on the same ponion or place of the highway for which he was punished earlier under clause (i) and (ii) of this Section. 57. Whoever contravenes any provision of this Act or of any rule or order made thereunder Gt>acr=tl pro shall, unless otherwise provided for in this Acl on convicnon, be punishnble-> vision for puni shment of off. ...... (a) for a first offence with fine which may extend to one hundred rupees: and (b) i» • subsequent offence with fine which may cxtcrtd to live hundred rupees. 58. Not\•itn;1anding ;ony 1hins contained in any law for the rime being in force. any offence ro~•r 10 com commuted under this Act other thnn an offence prescribed under section 56 may be compounded pouoo .tr ....... by I.he lliqhw~v Au1•i.1ri1y on such terms as may be specified by the Staie Government by special or general o. ... : and if any proceedings have been mMitulcd agains1 any person in any cnrmnat coun. tn<·• ' 1 :.1.: 1crms of '·~ compromise being carried out the eomposuion shall :-nount 10 an JCquiual a:iJ in n.1 ••ISC ,;I. • ""Y further proceedings, be taken a:;ain>i ~u.;'1 Do:: ;i1 "; ., pmpcny t (' "-1k.:'1 J.~1.1"011 "''h refe: ~ll\. ~ h'I Ji)e, same f,,(I~. . .;;.-;...~.~-------1 .. - - .. ··--- 034 (46) CHAPTER-X MISCELLAN"EOUS Pow fr and 59. Every police officer shall forthwith furnish information to the llC3l'CSt Highway Authority dulltS .r polkc. or the nearest officer subordinnte to the Highway Aulhonry of any offence coming to his knowledge which has been committed against this llCt or any rule made under this Act and shall be hound to assist the Highway Authority and its officers and employees in the exercise of their 13wful authoriry. °' Oulit< 'illa~t 60. Every village koiwar by whatever name called, shall forthwith inform the llC.'.ln:st police omd~L•. s1a1io11 or the nearest Highway Authority or any officer duly authonzcd by the High"ay Aurhonty whenever h-e becomes aware that, any su1 vey murk of any highway or any m:u-1.. showing rhc building or control line determined in respect of• higliway has been destroyed, damaged, removed, displaced or otherwise tempered with or that nny damage to any highway has been made. E\'lrtlon. 61. Any person wrongfully occupying any land.- (a) which is a pan of a Highway: or (b) the occupation of which conuavenes any provision of this Act and the said provision do not provide for the eviction of such person; shall be evicted under and in accordance with the provisions of Section 34 of lhis Aet. Ccrtam persens 62. The Highway Authority and all the officers and other persons authorized oc appointed to be public under this Act shall be deemed to be public servants within the meaning of Section 21 of the scn11nt_s. Indian Penal Cude, 1860 ( 45 of 1860). B<1r or jur-is 63. No civil court shall have jurisdiction lO senie, decide or dc:il with any question. which dklioo is by or under this Act required to be settled, dcddcd or dealt with by the Highway Authority, the Collector, an officer or person authorized under this Act. or the State Oovernmers. Protection of 64. No suit. prosecution or other legal proceedings shall lie against •ny public servant or persons acriut in good faith officer er person duly authorized under this Act in respect of ant1hing done or intended t0 be 21'.Jd liJnitJatinno t done. in good faith under this Act or the rule or order made thereunder. suit er pr"C).Sett!tion. Powtr to make 65. (I) The State Government may. by notification in the official Gazette, make rules to niltS. carry out all or any of the purposes of this Act. (2) Jn particular and without prejudice to the generality of rhe foreEoing power. tbe State Government may make rules for all or any of the following matters :- (a) the manner in which the notification may be publi•hed in the village and at the headqusrter of the tehsil and district under Sectio.~ 12; (b) the other places at which copies of map mar be 1..ept for inspection under section 13; (c) the form of applicauon and its coniems ~ncler sulH~tbn • ~) of Secnon 1.i; (d) prescribing the rules subject to which a ht~h"~Y or po<tioo of ir moy be closed to traffic or any class of traffic or the number and speed or weight of vehicles using the highway may be regululi .'.d under section 49, 634 (47) (e) prescribing 1hc rules subject 10 which plying of vehicles may be prohibited under section 50; (0 the prevention of obstruction of view of persons using highways and of annoyance, danger or injury to the public; (g) the prevention of obstruction, encroachment and nuisance on or near and of damages w highway; 11:) 1hc proper malmenaoce of boundary rnai ks demarca1in£ highw3y boundaries and building and control lines; (i) the pre.'l<:riprion of various forms of apphcarlons rquired ro be made ana 1hc fonns of notices and bills required to be served on persons. the charges Lo be made for the supply of copies of maps and the charges Lo be imposed or levied under the provisions of this Act; 0) the general guidance of the Highway Authority in the discharge of its fuocuons under this Act: (k) regulation or diversions of existing rights of access; (I) cite manner in which the notice or statements may be served or presented: and (m) any other matter which is required to be or may be prescribed under this Ac1. (3) All rules made under 1his Ace shall be laid on the 1able of lhe Legislative Assembly. 66. Saw as provided in any cenrral Ac! relating 10 Canronmems, Railways. Telegr:iph and Pn>' i..:io11s of thk Ad <w rul. . Electricity, the provisions of this Act or rules made thereunder in regard to any mailer dealt wilh. to prt',.ail O\'U thereby shall prevail over the provisions of any other law made by the Stale Legislature or any in<on<istml pro law which the Stale Legislature is competent to make or 10 amend. in so far as such law is visions in 01bct inconsistent with the sard provisons or rules and such law ·10 the extent of such inconsistency b'4$. shall cease to apply or shall not apply 10 any such matter : Provided ti.at if a11y highway 's Jeclaied 10 be a Nocional highway under the Nalional Highway AcL 1956 (48 of 1956). ic shall be lawful for the State Government 10 fix 1he building and control lines for different portions of the said highway under section 12 or 10 1.cvy beuermem cbarges ur.der section 43 on lands. the value of which has increased by reasons of 1he construction or proposed constructions of such highway and thereafter the provisions of this Act in so far as they apply 10 the rcstricuons of buildings between the building line and control line and other provisions relating 10 such building and comrol lines, as the cw: may be and the provisions of this Act relating 10 the levy of betterment charges shall, mutaris-mutandis, apply. 67. The ~ladhy• Pradesh Highway Act, 1936 (34 of 1936) is hereby repealed. Repr.lL