Powers to fix boundary building and control lines of highways

Section 7 of the Dadra and Nagar Haveli and Daman and Diu Highways Act, 1974 deals with powers to fix boundary building and control lines of highways. In any area in which the provisions of this Act have been brought into force, and (i) where either any road, way or land has been declared to be a highway under section 3, or the construction or development of a highway is undertaken or proposed to be undertaken, and (ii) the Government considers it

(1) In any area in which the provisions of this Act have been brought into force, and (i) where either any road, way or land has been declared to be a highway under section 3, or the construction or development of a highway is undertaken or proposed to be undertaken, and (ii) the Government considers it necessary to fix, as respects such highway, the highway boundary, the building line or control line the Government may, by notification in the Official Gazette, fix, as respects such highway, the highway boundary, the building line and the control line:

Provided that, having regard to the situation or the requirements of a highway or the condition of the local area through which a highway passes, it shall be lawful for the Government to fix different building or control lines in respect of any highway, or portions thereof.

(2) Not less than sixty days before issuing a notification under sub-section (1) the Government shall cause to be published in the Official Gazette and in the prescribed manner in the village and at the headquarters of the taluka of the district in which the highway is situated a notification stating that it proposes to issue a notification in terms of sub-section (1), and specifying therein all the lands situated between the highway boundary and the control line proposed to be fixed under such notification and in the case of new works, also lands benefiting by the construction or development of the highway, as the case may be, together with a notice requiring all persons affected by such notification, who wish to make any objections or suggestions with respect to the issue of such a notification, to submit their objections or suggestions in writing to the Highway Authority or appear before such authority, within two months of the publication of the notification in the Official Gazette or within one month from the date of the publication of the notification in the village, whichever period expires later.

(3) The Highway Authority shall, after all such objects or suggestions have been considered or heard, as the case may be, and after such further inquiry, if any, as it thinks necessary, forward to the Government a copy of the record of its proceedings held by it together with a report setting forth its recommendations on the objections or suggestions.

(4) If, before the expiration of the time allowed by sub-section (2) for the filing or hearing of objections or suggestions, no objection or suggestion has been made, the Government shall proceed at once to issue the notification under sub-section (1). If any such objection or suggestion has been made, the Government shall consider the record and the report referred to in sub-section (3) and may either- (a) abandon the proposal to issue the notification under sub-section (1), or (b) issue the notification under sub-section (1) with such modification, if any, as it thinks fit.

(5) In considering the objections or suggestions, the decision of the Government on the question of issuing the notification under sub-section (1) shall be final and conclusive.

Section 7, The Dadra and Nagar Haveli and Daman and Diu Highways Act, 1974 (Act 10 of 1974).