Prevention of encroachment
Section 23 of the Maharashtra Highways Act 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 authorized under sub-section (1) of section 21 shall serve a notice on the person responsible for the encroachment or his representat The Act was enacted on 22 Dec 1955.
(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 authorized 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 authorized officer referred to in sub-section (1) may 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 trival nature the Highway Authority or the authorized 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 authorized 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 authorized 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.
Section 23, The Maharashtra Highways Act (Act 55 of 1955).
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 Maharashtra Highways Act deal with?
Section 23 of the Maharashtra 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 authorized under sub-section (1) of section 21 shall serve a notice on the person responsible for the encroachment or his representat
How do I find court cases under Section 23 of the Maharashtra 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: Maharashtra Highways Act 23, section 23 Maharashtra Highways Act, section 23 of the Maharashtra 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 Maharashtra Highways Act, and has it changed?
Its own text turns on section 21 (Prevention of unauthorized 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 Section 23 of the Maharashtra Highways Act enacted?
Section 23 of the Maharashtra Highways Act, cited as Maharashtra Highways Act 23, was enacted on 22 Dec 1955 as Act 55 of 1955. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions956 words
- 71. Power to make rules923 words
- 9. Restrictions on buildings between highway boundary and building line and between building and control lines898 words
- 19B. Determination of amount payable as compensation766 words
- 7. Power to fix boundary, building and control lines of Highways523 words
- 21. Prevention of unauthorized occupation of highway399 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. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.