Restrictions on buildings between highway boundary and building line and between building and control lines

Section 9 of the Maharashtra Highways Act deals with restrictions on buildings between highway boundary and building line and between building and control lines. Notwithstanding anything contained in any law, custom, agreement or instrument for the time being in force, on or after the appointed day, the following restrictions shall, subject to the provisions of this Act, be in force, that is to say,- no person shall, without the previous permission in writin The Act was enacted on 22 Dec 1955.

(1) Notwithstanding anything contained in any law, custom, agreement or instrument for the time being in force, on or after the appointed day, the following restrictions shall,

subject to the provisions of this Act, be in force, that is to say,-

no person shall, without the previous permission in writing of the Highway Authority,-

(a) upon any land lying between the highway boundary and the building line proposed to be

fixed under sub-section (2), or fixed under sub-section (1), of section 7, as the case may be,

(i) construct, form or lay out any means of access to, or from, a highway, or

(ii) erect any building, or

(iii) materially alter any existing building, or

(iv) make or extend any excavation, or

(v) construct, form or lay out any works; or

(b) upon any land lying between the building line and the control line proposed to be fixed

under sub-section (2), or fixed under sub-section (1), of section 7, as the case may be,

(i) construct, form or lay out any means of access to, or from, a highway, or

(ii) erect any building, or

(iii) materially alter any existing building;

(c) use any building or alter the use of any building already erected in manner which in the opinion of the Highway Authority will, in any manner whatsoever, infringe any of the provisions of this Act, or interfere with the use of a highway adjoining the land on which such building is erected.

(2) Every person desiring to obtain such permission under sub-section (1) shall make an application in writing to the Highway Authority in such form and containing such information as may be prescribed in respect of the building, alteration, excavation, works or means of access, as the case may be, to which the application relates.

(3) On receipt of such application, the Highway Authority, after making such enquiries as it may consider necessary, shall, order in writing either-

(a) grant the permission, subject to such conditions, if any, as may be specified in the order, or

(b) refuse to grant such permission :

Provided that-

(i) permission under clause (a) of sub-section (1) to the making of any excavation or construction, formation or laying out of works in land for the purpose of repairing, renewing, enlarging or maintaining any underground sewer, drain, electric line, pipe, duct or other apparatus shall not be withheld nor be made subject to any conditions save such as may be necessary for securing that the sewer, drain, electric line, pipe, duct or other apparatus shall be laid in such manner and at such levels that the construction, maintenance, development improvement of a road thereover will not be prevented or prejudicially affect thereby ;

(ii) permission under clause (b) of sub-section (1) to the erection or alteration of a building or laying out any means of access to a highway which conform to the requirements of public health and welfare and of safety and convenience of traffic on the adjoining road shall neither be withheld nor made subject to unreasonable conditions :

Provided that in the case of means of access required for agricultural purpose such permission shall neither be withheld nor be made subject to any conditions save such as may be necessary for securing that the means of access shall be used for agricultural purposes only ;

(iii) permission under clause (b) of sub-section (1) to the re-erection or alteration of a building which was in existence before the appointed day shall neither be withheld nor made subject to restrictions unless such re-erection or alteration involves any material alteration to the outside appearance of the building.

(4) When the Highway Authority refuses permission, the reasons therefor shall be recorded and communicated to the applicant :

Provided that nothing herein contained shall debar a person from making a fresh application after omitting therefrom the objectionable features communicated to him as aforesaid on account of which such permission was refused.

(5) If at the expiration of a period of three months after an application for such permission specifying the name and address of the applicant has been made to the Highway Authority, or such further period not exceeding three months as may have been notified by the Highway Authority has lapsed and no decision has been notified in writing, posted or delivered to the applicant at the address, then (except as may otherwise be agreed in writing between the Highway Authority and the applicant) permission shall be deemed to have been given without the imposition by the Highway Authority of any conditions.

(6) The Highway Authority shall maintain a register with sufficient particulars of all permissions given or refused by it under this section and the register shall be available for inspection free of charge by all persons interested and such persons shall be entitled to take extracts therefrom.

Explanation.- For the purpose of this section, the "appointed day" shall, with reference to any highway boundary, building line or control line, mean-

(1) the day on which a notification is published in the Official Gazette, under sub-section (2) of section 7 proposing to fix such highway boundary, building line or control line, and

(2) if any modification is made in such highway boundary, building line or control line, the day on which the notification is published under sub-section (1) of section 7 fixing such highway boundary, building line or control line.

Section 9, The Maharashtra Highways Act (Act 55 of 1955).