The Gujarat Highways Act. 1955
gujarat · 1955
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the 2[Gujarat] Highways Act
- S. 2Section 2 defines key terms used in the Gujarat Highways Act, 1955, including "animal," "building," "building line," "encroachment," and others.
- S. 3The section allows the State Government to declare roads as different types of highways or district roads.
- S. 4The section allows the State Government to appoint a Highway Authority for managing highways in Gujarat.
- S. 5Subject to such
- S. 6Section 6 authorizes the State Government to appoint officers and servants for the Highway Authority under the Gujarat Highways Act, 1955.
- S. 7Section 7 empowers the State Government to designate highway boundaries, building lines, and control lines for declared highways or new developments.
- S. 8Section 8 mandates the Highway Authority to prepare and maintain a map of highway boundaries and lines for public inspection.
- S. 9Section 9 prohibits construction, alterations, and access on certain land near highways without written permission from the Highway Authority.
- S. 10Section 10 allows aggrieved applicants to appeal Highway Authority decisions to the State Government, which has final say.
- S. 11Section 11 exempts certain pre-existing constructions and activities from new restrictions imposed under section 9.
- S. 12Section 12 allows the Highway Authority to require buildings re-erected after demolition to align with the building line.
- S. 13The Gujarat Highways Act allows the Highway Authority to regulate or divert access to highways, ensuring alternative access and notifying changes.
- S. 14Section 14 authorizes the Highway Authority to survey, mark, and demarcate highway boundaries and perform necessary actions for highway development.
- S. 15Section 15 allows the State Government to declare land needed for highways through a published notification.
- S. 16Section 16 mandates the Highway Authority to mark, measure, and create a plan for the land.
- S. 17Section 17 mandates the Highway Authority to publicly announce land acquisition intentions and compensation claims for affected parties.
- S. 18Section 18 mandates the Highway Authority to request statements from landowners about their interests in affected land.
- S. 19Section 19 allows the State Government to take possession of specified land after a notification, vesting it free from encumbrances.
- S. 20Section 20 declares lands not already owned by the State Government as its property for highway purposes.
- S. 21Section 21 prohibits unauthorized occupation of highways and allows temporary encroachments with written permission from the Highway Authority.
- S. 22Section 22 allows the Highway Authority to cancel permissions for non-payment, purpose cessation, breaches, or public use, with refunds for certain cancellations.
- S. 23Section 23 mandates the removal of highway encroachments and outlines penalties for non-compliance, including prosecution and summary eviction.
- S. 24Section 24 allows an encroacher to appeal to the Collector if they claim ownership or adverse possession, with the Collector making a written decision.
- S. 25Section 25 mandates the recovery of costs incurred by the Highway Authority for removing encroachments from the responsible party.
- S. 26Section 26 mandates minimal damage and prescribed compensation for any person affected by the Highway Authority's powers under the Act.
- S. 27Section 27 determines compensation for land acquisition by the Highway Authority through agreements with interested parties.
- S. 28Section 28 determines compensation and land area for land acquired by the Highway Authority in default of an agreement.
- S. 29Section 29 prevents double compensation for land restrictions already compensated under other laws.
- S. 30Section 30 limits compensation for denied building permission to difference in land value with or without permission.
- S. 31Section 31 limits compensation for lost highway access to the cost of creating a new access route.
- S. 32Section 32 mandates compensation for damages during highway works and resolves disputes through the Highway Authority.
- S. 33Section 33 prevents value increases from unauthorized constructions on acquired highway land from affecting compensation estimates.
- S. 34No compensation shall be payable for the removal of any encroachment
- S. 35Section 35 allows aggrieved parties to refer highway authority awards to designated civil judges within six weeks.
- S. 36Section 36 empowers authorities to decide references with civil court powers under the Code of Civil Procedure.
- S. 37Section 37 empowers the Highway Authority to request police assistance to enforce possession and removal of encroachments.
- S. 38Section 38 makes decisions by authorities on highway references enforceable like a civil court decree.
- S. 39(1) On the determination of compensation by agreement under section 27 or No compensation for unauthorized erection
- S. 40Section 40 allows the Highway Authority to adjust compensation payments against betterment charges owed by the person.
- S. 41Section 41 mandates the State Government to notify landowners of potential betterment charges due to highway works.
- S. 42Section 42 determines betterment charges for lands benefiting from highway construction, excluding unsuitable or distant lands.
- S. 43Section 43 determines betterment charges as half the increase in land value due to highway construction.
- S. 44Section 44 allows aggrieved parties to appeal betterment charge orders to designated civil judges within six weeks.
- S. 45Section 45 makes betterment charge orders final after Authority review.
- S. 46Section 46 establishes betterment charges as a first charge on land, subject to prior land revenue payment.
- S. 47Section 47 allows landowners to pay betterment charges in annual installments with interest as per government rules.
- S. 48Section 48 allows the State Government to permit land owners to exchange land instead of paying betterment charges.
- S. 49Section 49 allows the Highway Authority to require landowners to remove obstructions on highways to prevent danger, with appeal options if objections arise.
- S. 50Section 50 allows the Highway Authority to close or regulate traffic on unsafe highways.
- S. 51Section 51 allows the Highway Authority to restrict or prohibit heavy vehicles on unsafe highways.
- S. 52Section 52 outlines the procedure for the Highway Authority to close highways, including public notice, objection consideration, and compensation for affected parties.
- S. 53Section 53 mandates that only the Highway Authority or its authorized persons can construct utilities on highways with written permission.
- S. 54(1) No person shall wilfully cause, or allow any vehicle or animal in his charge to cause any damage to any highway
- S. 55Section penalizes willful disobedience or obstruction to authorities under the Gujarat Highways Act, 1955, with a fine up to 200 rupees.
- S. 56Section 56 penalizes violations of highway construction regulations with fines up to ₹500 and additional daily fines for non-compliance.
- S. 57Section 57 penalizes highway encroachments and non-compliance with removal notices with fines.
- S. 58Section 58 penalizes causing damage to highways with a fine up to 1,000 rupees.
- S. 59Section 59 imposes fines up to ₹50 for first violations and ₹200 for subsequent violations of the Gujarat Highways Act, 1955.
- S. 60Section 60 allows the Gujarat Highways Authority to compound offenses under the Act, resulting in acquittal if terms are met.
- S. 61Police officers must report highway-related offenses to the Highway Authority and assist them.
- S. 62Section 62 mandates village officials to report any damage or tampering with highway marks or encroachments to the police or Highway Authority.
- S. 63The Highway Authority can temporarily use non-essential highway land for other purposes and sell its produce.
- S. 64Section 64 mandates summary eviction of unauthorized occupants of highway land not covered by specific eviction provisions.
- S. 65Section 65 grants the Highway Authority powers to conduct inquiries and summon witnesses, similar to revenue officers under old Bombay laws.
- S. 66(1) Nothing in the Indian Registration Act, 1908, shall be deemed to require the registration of any map made under se
- S. 67Section 67 designates the Highway Authority and its officers as public servants under the Indian Penal Code.
- S. 68Section 68 prevents Civil Courts from handling matters mandated by the Act to be resolved by the Highway Authority or other specified bodies.
- S. 69Section 69 protects authorized officials from legal actions for good faith actions under the Gujarat Highways Act, with a six-month filing limit.
- S. 70(1) Every notice or bill issued or prepared under this Act, may be served or presented,- Bom
- S. 71Section 71 empowers the State Government to make rules to implement the Gujarat Highways Act, 1955, including matters like notification publication and highway regulations.
- S. 72Section 72 preserves the rights of local and other authorities to make excavations for utilities, except railway or electricity lands used for their primary purposes.
- S. 73Section 73 makes the Gujarat Highways Act and its rules prevail over any conflicting state laws.
- S. 74Building and control lines along national highways