Prevention of danger arising from obstruction of view, etc. of persons using any highway
Section 49 of the Maharashtra Highways Act deals with prevention of danger arising from obstruction of view, etc. of persons using any highway. [Prevention of danger arising from obstruction of view, etc. The Act was enacted on 22 Dec 1955.
1[Prevention of danger arising from obstruction of view, etc. of persons using any highway.]- (1) Whenever the Highway Authority is of opinion that it is necessary for the prevention of danger arising from obstruction of the view of persons using any highway 2[or from distraction of attention of such persons], especially at any bend or corner of the highway, it may, save as otherwise provided in section 11, serve a notice upon the owner or occupier of land alongside or at the bend or corner of such highway to alter within such time and in such manner as may be specified in the notice, the height or character of any existing wall (not being a wall forming part of a permanent structure), fence, hedge, tree, advertisement post, bill board or any other object thereon, so as to cause it to conform with any requirements specified in the notice.
(2) If any person upon whom a notice has been served under sub-section (1) objects to comply with any requirement of such notice, he may, within one month of its receipt, send to the Highway Authority his objection in writing stating the grounds thereof.
(3) The Highway Authority shall, within one month of the receipt of the objection consider the grounds advanced and shall, by order in writing, either withdraw the notice or amend or confirm it.
(4) If a person is aggrieved by an order issued by the Highway Authority under sub-section (3), he may prefer an appeal within 15 days from the date when such order was communicated to him, to the Collector whose decision in the matter shall be final.
(5) If any person fails to comply with the notice served on him under sub-section (1) as amended or confirmed, as the case may be, under sub-section (3), the Highway Authority may take action to alter the object causing obstruction of view 3[or distraction of attention] at its own expense, and such expenditure shall be recovered from such person in accordance with the provisions of section 25, without prejudice to any other action which may be taken against him.
Section 49, The Maharashtra Highways Act (Act 55 of 1955).
Cross-references
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Questions about Section 49
What does Section 49 of the Maharashtra Highways Act deal with?
Section 49 of the Maharashtra Highways Act is headed "Prevention of danger arising from obstruction of view, etc. of persons using any highway". [Prevention of danger arising from obstruction of view, etc.
How do I find court cases under Section 49 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 49, section 49 Maharashtra Highways Act, section 49 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 49 of the Maharashtra Highways Act, and has it changed?
Its own text turns on section 11 (Exemptions for works in progress, etc), section 25 (Recovery of cost of removal of encroachment), so none of them can safely be read on its own.
When was Section 49 of the Maharashtra Highways Act enacted?
Section 49 of the Maharashtra Highways Act, cited as Maharashtra Highways Act 49, 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
- 23. Prevention of encroachment452 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 24 Oct 2026. This page is not a substitute for legal advice.