The Maharashtra Highways Act

Preamble

ACT No. LV OF 1955¹

[THE MAHARASHTRA HIGHWAY ACT.] ²

[This Act received the assent of the President on the 13th December 1955; assent was first published in the Bombay Government Gazette, in Part IV, Extraordinary, on the 22nd December 1955.]

An Act to provide for the restriction of ribbon development along highways, for the prevention and removal of encroachment thereon, for the construction, maintenance and development of highways, for the levy of betterment charges and for certain other matters.

WHEREAS it is expedient to provide for the restriction of ribbon development along highways, for the prevention and removal of encroachment thereon, for the construction, maintenance and development of highways, for the levy of betterment charges and for certain other matters; It is hereby enacted in the Sixth Year of the Republic of India as follows :-

Sections

Type to filter. 99 sections.

1. 1Short title, extent and commencement
2. 2Definitions
3. 3Declaration of roads, ways or lands as highways
4. 4Appointment of Highway Authorities
5. 5Powers and duties of Highway Authorities
6. 6Officers and servants of Highway Authority
7. 7Power to fix boundary, building and control lines of Highways
8. 8Map to be prepared and maintained
9. 9Restrictions on buildings between highway boundary and building line and between building and control lines
10. 10Appeal
11. 11Exemptions for works in progress, etc
12. 12Setting back of buildings to building line or control line
13. 13Regulation or diversion of right of access to highway
14. 14Powers of Highways Authority and officers and servants appointed under section 6 in respect of surveys
15. 15Power to acquire land, etc
16. 16Power to enter or survey, etc
17. 17Hearing of objections
18. 18Declaration of acquisition
19. 19Powers to take possession
20. 19ARight to enter into land where land vested in State Government
21. 19BDetermination of amount payable as compensation
22. 19CDeposit and payment of amount
23. 19DLand acquisition officer to have certain powers of civil court
24. 19EDeleted
25. 19FIdentification of area for Scheme
26. 19GDeclaration of intention and issue of final notification of Scheme
27. 19HVerification of title of land and extent of consent
28. 19IDisputed Ownership
29. 19JAcquisition of land of land owners not participating in Scheme
30. 19KPublication of draft and final layout
31. 19LVesting of land with Highway Authority
32. 19MAllotment of developed non-agricultural plot or land
33. 19NLand Pooling Ownership Certificate
34. 19OExemption from payment of registration fee, stamp duty, etc
35. 19PPower to take possession of land
36. 19QIncorporation of land in development plan
37. 19RResponsibilities of owner of developed non-agricultural plot or land
38. 19SImplementation of Scheme
39. 19TCompletion of Scheme
40. 19UInfrastructure maintenance
41. 19VDelegation of powers
42. 19WRestrictions on development of land in Scheme area
43. 20Lands forming part of highway deemed to be Government property
44. 21Prevention of unauthorized occupation of highway
45. 22Power to cancel permit
46. 23Prevention of encroachment
47. 24Appeal against notice served under sub-section (1) of section 23
48. 25Recovery of cost of removal of encroachment
49. 26Doing minimum damage in certain cases and compensation
50. 27Determination of amount of compensation by agreement
51. 28Determination of amount of compensation in default of agreement
52. 29No compensation if similar restrictions in force under any other law or if compensation already received
53. 30Compensation for refusal of permission to build not to exceed difference between its value when it was refused and when it would have been granted
54. 31Compensation for diversion of access not to exceed cost of alternative access
55. 32Compensation for cutting of standing crops, trees, etc
56. 33No compensation for unauthorized erections
57. 34No compensation for removal of encroachment
58. 35Reference against award of Highway Authority or authorized officer under section 28
59. 36Procedure and powers of the authorities empowered to decide references under sections 35 and 44
60. 37Commissioner of Police or District Superintendent of Police to enforce, surrender or remove any encroachment
61. 38Decisions of authorities under section 35 and 44 to be enforced as decrees of civil court
62. 39Payment of compensation awarded
63. 40Payment by adjustment
64. 41Notice to owners and persons interested
65. 42Inquiry and order
66. 43Increase in value and betterment charges
67. 44Reference against order of authorised officer under section 42
68. 45Finality of order fixing betterment charges and of decision on reference
69. 46Betterment charges to be first charged on land next to land revenue
70. 47Payment of betterment charges
71. 48Relinquishment of or exchange of land in lieu of payment of betterment charges
72. 49Prevention of danger arising from obstruction of view, etc. of persons using any highway
73. 50Highway Authority to regulate traffic when highway declared unsafe
74. 51Prohibition of use of heavy vehicle on certain highways
75. 52Procedure to be followed when Highway Authority desires permanently to close any highway
76. 53Consent of Highway Authority required to do certain acts on highway
77. 54Prevention and rectification of damaged highway
78. 55Disobedience of orders, instructions and refusal to give information, etc
79. 56Contravention of restrictions relating to access or erecting any building, etc
80. 57Unauthorized occupation of highway
81. 58Causing damage to highways
82. 59General provision for punishment of offences
83. 60Power to compound offences
84. 61Powers and duties of police
85. 62Duties of village officials
86. 63Power to utilise highway for other than road purposes
87. 63APower of Highway Authority to dispose land
88. 64Summary eviction
89. 65Inquiries to be held summarily
90. 66Registration of map made under section 8 not required
91. 67Certain persons to be public servants
92. 68Bar of jurisdiction
93. 69Protection of persons acting in good faith and limitation of suit or prosecution
94. 70Service of notices and bills
95. 71Power to make rules
96. 72Savings
97. 73Provisions of this Act or rules to prevail over inconsistent provisions in other laws
98. 74Building and control lines along national highways and levy of betterment charges
99. 75Repeal and saving

Schedules

This Act has 1 schedule. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

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