Definitions

Section 2 of the Dadra and Nagar Haveli and Daman and Diu Highways Act, 1974 deals with definitions. In this Act, unless there is anything repugnant in the subject or context, - (a) "animal" means any domestic or captive animal;

In this Act, unless there is anything repugnant in the subject or context, - (a) "animal" means any domestic or captive animal;

(b) "building" includes any erection of whatsoever material and in whatsoever manner constructed (including a farm building for agricultural purposes) and also includes plinths, doorsteps, walls (including compound walls and fences) and the like;

(c) "building line" means a line on either side of any highway or part of a highway fixed in respect of such highway or part by a notification under sub-section (1) of section 7;

(d) "control line" means a line on either side of a highway or part of a highway beyond the building line fixed in respect of such highway or part by a notification under sub-section (1) of section 7;

(e) "encroachment" means any unauthorised occupation of any highway or part thereof, and includes an unauthorised - 1 Substituted the word and expression for "Goa," by the Dadra and Nagar Haveli and Daman and Diu (Adaptation of State laws) Fourth Order dated 18/01/2022 hereinafter called as the Fourth Order, 2022. 2 Substituted the word and expression for "Goa," by the Fourth Order, 2022. 3 Substituted the word and expression for "Goa," by the Fourth Order, 2022. 4 Substituted the words and expression for "This section shall come into force at once. The Government, may, by notification in the Official Gazette, direct that all or any of the remaining provisions of this Act, shall come into force in such area and on such date as may be specified in the notification:

Provided that the Government may, by notification issued in like manner, exclude any road or way or class of roads or ways situated in such area from the operation of all or any of the provisions of this Act" by the Fourth Order, 2022. Page 3 (i) erection of a building or any other structure, balconies, porches, projections, on or over or overhanging the highway;

(ii) occupation of a highway beyond the prescribed period, if any, for stacking building materials or goods of any other description, for exhibiting articles for sale, for erecting poles, awnings, tents, pandals, hoardings and other similar erections or for parking vehicles or stabling animals or for any other purpose, and (iii) excavation or dumps of any sort made or extended on any highway or underneath such highway;

(f) "to erect" with its grammatical variations in relation to a building means to construct, reconstruct, extend or alter structurally a building;

(g) "excavation" in relation to any piece of land does not include any workings which do not pierce the surface of that piece of land; but includes wells and tanks;

(h) "Government" means the Administrator of the Union Territory of 5[Dadra and Nagar Haveli and] Daman and Diu appointed under article 239 of the Constitution;

(i) "highway" means any road or way over which the public have a right of way or are granted access and which is declared to be a highway under section 3 and for the purposes of this Act and includes - (i) any land acquired or demarcated with a view to construct a highway along it;

(ii) the slopes, berms, borrow-pits, foot-paths, pavements, and side, catch and boundary drains attached to such road or way;

(iii) all bridges, culverts, tunnels, causeways, carriageways and other structures, constructed on or across such road or way; and (iv) all trees, fences, posts, boundary, furlong and mile stones, and other highway accessories and materials stacked on the road or way or any land apartment to such highway;

(j) "Highway Authority" means the authority appointed as such or to which the functions of such authority are entrusted under section 4;

(k) "highway boundaries" means the boundaries of a highway fixed in respect of such highway by a notification under sub-section (1) of section 7;

(1) "means of access" includes any means of access, whether private or public, for vehicles or for foot passengers and includes any street;

(m) "middle of highway" means the point halfway between the highway boundaries;

(n) "occupier" includes :- (i) any person who for the time being is paying or is liable to pay to the owner rent or any portion of the rent of the premises in respect of which such rent is paid or 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;

(o) "Official Gazette" means the ‘[Dadra and Nagar Haveli and] Daman and Diu Government Gazette;

(p) "owner" means,- 5 Substituted the word and expression for "Goa," by the Fourth Order, 2022. 6 Substituted the word and expression for "Goa," by the Fourth Order, 2022. Page 4 (1) when used with reference to any premises, the person who receives the rent of the said premises or who would be entitled to receive the rent thereof if the premises were let and includes- (i) an agent or trustee who receives such rent on account of the owner;

(ii) an agent or trustee who receives the rent of, or is entrusted with, or concerned for, any premises devoted to religious or charitable purposes;

(iii) a receiver, sequestrator or manager appointed by any court of competent jurisdiction; and (iv) a mortgagee-in-possession.

(2) when used with reference to an institution or body corporate, the manager of such institution or body corporate.

(q) "prescribed" means prescribed by rules made under this Act;

(r) "railway administration" has the same meaning as in the Indian Railways Act, 1890; (Central Act, 9 of 1890);

(s) "vehicle" includes a barrow, sledge, plough, drag and a wheeled conveyance of any description capable of being used on a highway;

(t) the expressions "land", "persons interested" and "person entitled to act" used in this Act shall have the same meanings as the said expressions have in the 7[the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.] CHAPTER 3'2013 Declaration of Highways, Highway Authorities and their Powers and Functions

Section 2, The Dadra and Nagar Haveli and Daman and Diu Highways Act, 1974 (Act 10 of 1974).