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The Maharashtra Highways Act.

Maharashtra

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.

Act number
55 of 1955
Ministry
Govt of Maharashtra
Department
Public Works Department
Enacted
22 Dec 1955

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

99 sections

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