Prevention of encroachment
Section 23 of the Dadra and Nagar Haveli and Daman and Diu Highways Act, 1974 deals with prevention of encroachment. when as a result of check of highway boundaries made or otherwise, it transpires that an encroachment has taken place on a highway, the Highway Authority or the officer authorised under sub-section (1) of section 21 shall serve a notice on the person responsible for the encroachment or his represent
(1) when as a result of check of highway boundaries made or otherwise, it transpires that an encroachment has taken place on a highway, the Highway Authority or the officer authorised under sub-section (1) of section 21 shall serve a notice on the person responsible for the encroachment or his representative requiring him to remove such encroachment and restore the land to its original conditions before the encroachment within the period specified in the notice.
(2) The notice shall specify the land encroached upon and the time limit within which such encroachment shall be removed and shall also state that failure to comply within the specified period shall render the person liable to prosecution and also to summary eviction.
(3) If the encroachment is not removed within the time limit specified in the notice and no valid cause is shown for non-compliance, the Highway Authority or the authorised officer referred to in sub-section (1) may Page 11 prosecute such person before the appropriate Magistrate for his having made or caused the encroachment and for his failure to remove it within the specified time.
(4) Where the encroachment is made for the purpose of exposing articles for sale, opening temporary booths for vending or other like purpose of a trivial nature, the Highway Authority or the authorised officer referred to in sub-section (1) may, with the help of the police, if necessary, have such encroachment summarily removed without issuing a notice as required by sub-section (1) or in lieu of removal of the encroachment, may give the person responsible for the encroachment option of executing a lease in favour of the Highway Authority on payment of rent for the area encroached upon.
(5) When the encroachment is of a temporary nature and can easily be removed but is not such as can be described as trivial within the meaning of sub-section (4), the Highway Authority or the authorised officer referred to in sub-section (1) may in addition to or in lieu of prosecuting the person responsible for the encroachment, under sub-section (3), have the encroachment summarily removed with the assistance of the police, if necessary.
(6) Where the encroachment is of such a nature that its immediate removal is considered essential in the interests of safety of traffic on the highway or the safety of any structure forming part of the highway, the Highway Authority or the authorised officer referred to in sub-section (1), may, in addition to prosecution of the person under sub-section (3), either- (i) have such protective work, as may be feasible at a reasonable cost, carried out so as to minimise the danger to traffic on the highway; or (ii) have the encroachment removed with the help of the police, if necessary. Costco Ces in
Section 23, The Dadra and Nagar Haveli and Daman and Diu Highways Act, 1974 (Act 10 of 1974).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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Questions about Section 23
What does Section 23 of the Dadra and Nagar Haveli and Daman and Diu Highways Act deal with?
Section 23 of the Dadra and Nagar Haveli and Daman and Diu Highways Act is headed "Prevention of encroachment". when as a result of check of highway boundaries made or otherwise, it transpires that an encroachment has taken place on a highway, the Highway Authority or the officer authorised under sub-section (1) of section 21 shall serve a notice on the person responsible for the encroachment or his represent
How do I find court cases under Section 23 of the Dadra and Nagar Haveli and Daman and Diu Highways Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Dadra and Nagar Haveli and Daman and Diu Highways Act 23, section 23 Dadra and Nagar Haveli and Daman and Diu Highways Act, section 23 of the Dadra and Nagar Haveli and Daman and Diu Highways Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 23 of the Dadra and Nagar Haveli and Daman and Diu Highways Act, and has it changed?
Its own text turns on section 21 (Prevention of unauthorised occupation of Highway), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it.
When was the Dadra and Nagar Haveli and Daman and Diu Highways Act enacted?
Dadra and Nagar Haveli and Daman and Diu Highways Act was enacted in 1974 as Act 10 of 1974. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1018 words
- 9. 904 words
- 73. Savings526 words
- 7. Powers to fix boundary building and control lines of highways511 words
- 72. Power to make rules444 words
- 21. Prevention of unauthorised occupation of Highway391 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/4ffaed16-478f-4509-890d-f966c4f645a6.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/deeaff17-b117-4743-992c-9050266f1248/content). This page is not a substitute for legal advice.