Section 18

Amendment status not verified — confirm the current text below against the official source.

(1) The Highway Authority or the officer authorized by it may also require any such person to make or deliver to it or him at a time not being earlier than fifteen days after the date of requisition, a statement containing, as far as may be practicable, the name of every other person possessing any interest in the land or in any part thereof or, as the case may be, in any right or interest in the land to be extinguished as co-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits if any, received or receivable on account thereof in respect of three years next preceding the date of such statement. (2) Every person required to make or deliver a statement under this section or under section 17 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code. Taking possession of land. – 19. At any time after the publication of the notification under section 15, the State Government may direct that the lands specified in the notification shall be taken possession of, or as the case may be, the right or interest specified therein shall be extinguished from such date the said land shall vest absolutely in the State Government free from all encumbrances, or as the case may be, such right or interest therein shall be extinguished. CHAPTER IV PREVENTION OF UNAUTHORISED OCCUPATION OF AND ENCROACHMENT ON A HIGHWAY AND REMOVAL OF ENCROACHMENT Lands forming part of Highway deemed to be Government property. – 20. All lands forming part of the highway which do not already vest in the State Government shall, for the purpose of his Chapter be deemed to be the property of the State Government. Prevention of unauthorized occupation of Highway. – 21. (1) No person shall occupy or encroach on any highway within the highway boundary without obtaining the previous permission in writing of the Highway Authority or an officer authorized in this behalf by the Highway Authority. (2) The Highway Authority or an officer authorized by the Highway Authority in this behalf may with due regard to the safety and convenience of traffic and subject to such condition as may be imposed and such rules as may be prescribed by the State Government and on payment of such rent or other charges as may be prescribed under such rules permit any person, - (i) to place a temporary encroachment on any highway in front of any building owned by him or make a temporary structure overhanging the highway, or (ii) to put up a temporary awning or tent, pandal, other similar erection or a temporary stall or scaffolding on any highway, or (iii) to deposit or cause to be deposited building materials, goods for sale or other article on any highway, or (iv) to make temporary excavation for carrying out any repairs or improvements to the adjoining buildings; Provided that no such permission shall be deemed to be valid beyond the period of one year unless expressly renewed by the Highway Authority or the authorized officer. (3) The permission so granted shall clearly specify the date upto which the person of one year is authorized to occupy the highway, the periods for which occupation is authorized and the exact portion of the highway permitted to be occupied, and shall also be accompanied by a plan or a sketch of that portion of the highway, if necessary. (4) The person in whose favour such permission has been given shall produce the permit for inspection whenever called upon to do so by the Highway Authority or any officer by a general or special order empowered in that behalf and shall at the end of the period specified in the permit release the land occupied by him after restoring it to the same state as before the occupation by him. (5) The Highway Authority or the officer issuing the permission shall maintain a complete record of such permissions issued, and shall also cause a check up to be made in every case at the expiry of the period up to which occupation has been authorized to ensure that the land has actually been vacated. Power to cancel permit. – 22. (1) The Highway Authority, may cancel any permission granted under section 21, - (a) if any rent or charge is not duly paid; (b) if the purpose for which the permission was given has ceased to exist; (c) in the event of any breach by the holder of such permission of any terms or condition of such permission; (d) if the land on which such encroachment has been made is required for any public purpose or such encroachment is causing impediment or danger to traffic. (2) Where the permission has been cancelled under clause (b) or (d) of sub-section (1) any rent or charge paid in advance shall be refunded to the holder of such permission less that amount, if any, due to the State Government. Prevention of encroachment. – 23. (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 condition 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 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 trivial nature the Highway Authority or the authorized officer referred to in sub-section (10 may with the help of the police, if necessary, have such encroachment summarily remove without issuing a notice as required by sub-section (1) or in lieu of removal of encroachment, may give the person responsible for encroachment option of executing a lease in favour of the Highway Authority on payment of rent for the area encroachment. (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 police, if necessary. (6) Where the encroachment is of such a nature that its immediate removal is considered essential in the interest 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 the prosecution of the person responsible for the encroachment under sub-section (3), either- (i) have such protective work as may be feasible at a reasonable cost carried out so as to minimize the danger to traffic on the highway, or (ii) have the encroachment removed with the help of the police, it necessary. Appeal against notice served under sub-section (1) of section 23. – 24. Where the person on whom notice to remove an encroachment has been served under sub-section (1) of section 23 lays claims that the land in respect of which encroachment has been alleged is his property or that he has acquired a right over it by virtue of adverse possession or otherwise he shall, within the time limit prescribed in the notice for the removal of encroachment, file an appeal before the Deputy Commissioner under intimation to the Highway Authority or the officer authorized under sub-section (1) of section 21, as the case may be. The Deputy Commissioner shall after due enquiry, record his decision in writing and communicate the same to the appellant and the Highway Authority or such officer. The Highway Authority or such officer shall till then desist from revision to Government taking further action in the matter. Recovery of cost of removal of encroachment. – 25. (1) Whenever the Highway Authority or the officer authorized under sub-section (1) of section 21 has, under provision of section 23, removed any encroachment of carried out any protective works in respect of any encroachment, the expenditure involved shall be recovered from the person responsible for the encroachment in the manner hereinafter provided. (2) A bill representing expenditure, including department charges, if any, incurred shall be served by the Highway Authority or the authorized officer referred to in sub-section (1) on the person responsible for the encroachment or his representative with a direction to pay up the amount within the specified period to the authority mentioned in the bill. (3) the bill shall be accompanied by a certificate from the Highway Authority or the authorized officer referred to in sub-section (1) to the effect that the amount of expenditure indicated in the bill represents the charge incurred and such a certificate shall be conclusive proof that the charge had actually been incurred. (4) The material, if any, recovered as a result of the removal of any encroachment shall be handed over to the person responsible for the encroachment, on payment of amount of the bill by him, but in the event of his failure to pay up the amount within the specified period, the materials may be sanctioned and after deducting the amount of the bill from the proceeds, the balance if any, shall be paid to such person. (5) If the proceeds of the auction sale do not cover the total amount billed for, the excess over the amount realized by the sale of the materials or if there are no materials to be disposed of and the billed amount has not been paid by the person responsible for the encroachment within the specified period, the entire amount of the bill shall be covered from such person as an arrear of public demand. CHAPTER V COMPENSATION Doing minimum damage in certain cases and compensation. – 26. In the exercise of the powers under the following provisions by the Highway Authority or any officer or servant appointed under section 6 or any other person authorized by or under this Act by the State Government as little damage as can be, shall be done and compensation in the manner prescribed by or under this Act shall be paid to any person who sustains damage in consequence of the exercise of such powers, namely; the imposition of restriction under section 9; the setting back of any building or part thereof under section 12; the regulation or diversion of any right of access to a highway under section 13; the entry, survey, measurement and doing of any of the acts on any land under section 14; The acquisition of any land or extinguishment of any right or interest in the land under section 15; the closure of any highway or part thereof under section 52; Determination of amount of compensation by agreement.- 27. The amount of compensation payable under section 26, the persons to whom it is to be paid and the apportionment of such amount among the persons interested therein, shall be determined by agreement between the Highway Authority or any officer authorized by the State Government and the person or persons claiming interest therein. Determination of amount of compensation in default of agreement.- 28. (1) In default of any agreement under section 27, the officer authorized by the State Government shall, subject to the provisions of this Act, after holding an enquiry, make an award determining:- (a) the true area of the land, if any, acquired; (b) the amount of compensation to be paid under Section 26; (c) the apportionment, if any, of such compensation amount among all persons known or believed to be entitled thereto. (2) In determining the amount of compensation, the matter specified in section 23 and 24 of the Land Acquisition Act, 1894, (1 of 1894), as amended by the Schedule to this Act, shall be taken into consideration. No compensation of similar restrictions in force under any other law or if compensation already received- 29. No compensation shall be awarded:- (i) if and in so far as the land is subject to substantially similar restrictions in force under some other law which was in force on the date on which the restriction were imposed by this Act; (ii) if compensation in respect of the same restriction imposed under this Act or substantially similar restriction in force under any other law has already been paid in respect of the land to the claimant or to any predecessor in the interest of the claimant. Compensation for refusal of permission to build not to exceed difference between its value when it was refused and when it would have been granted.- 30. When permission to erect any building has been refused under section 9 and 10 the amount of compensation shall not exceed the difference between the value of the land as determined by section 23 or 24 of the Land Acquisition Act, 1894, (1 of 1894) as amended by the Schedule of this Act and the value which it would have had if the permission had been granted. In determining such value any restrictions to which the land is subject under any other law for the time being in force in regard to right of person claiming compensation to erect a building on the land or otherwise to use, hold or dispose of the same shall be taken into consideration. Compensation for diversion of access not to exceed cost of alternative access.- 31. Where the right of access to a highway has been destroyed as a result of the diversion or closure thereof and an alternative access has been given the amount of compensation shall in no case exceed the cost of laying a new means of access from the property of the claimant to such alternative route. Compensation for cutting of standing crops, trees etc.- 32. (1) At the time of entry, survey or measurement or doing any of the things under section 14, the Officer making the entry, survey or measurement or doing any other thing, shall pay or tender to any person entitled compensation for all necessary damage done as a result of such entry, survey, measurement or execution of work including the cutting of standing crops, trees or removal of temporary structures, if any, on the land. If the sufficiency of the amount so paid or tendered is disputed, the Officer concerned shall at once refer the dispute to such Officer as may be authorized by the State Government and the said Officer shall with the least practicable delay, decide the dispute and pay the person entitled the amount determined as compensation. The decision of the State Government shall be final. (2) If at the time of taking possession of the land under section 19, there are any standing crops, trees or temporary structures on the land, the Highway Authority shall pay or tender to the person entitled the amount of compensation for such standing crops, trees temporary structures. If the sufficiency of such amount is disputed, the value of such crops, trees and temporary structures shall be taken into consideration in determining amount of compensation for the land under section 28. No compensation for unauthorized erections.- 33 If any person has unauthorisedly erected, re-erected, added or altered any building on any land which is acquired for the purpose of a highway, then any increase in the value of the land from such erection, re- erection, addition or alteration shall not be taken into account in estimating the value of the land. No compensation for removal of encroachment- 34. No compensation shall be payable for removal of any encroachment. Reference against the award of Highway Authority or authorized officer under section 28.- 35 (1) Any person aggrieved by the award of the Highway Authority or the officer authorized under section 28 may, by written application to such officer, require that the matter be referred to the Court of the Civil Judge within the limits of whose jurisdiction the land in relation to which the award is made is situated. (2) Any such application shall be made within six weeks from the date of the award, and shall be in such form as may be prescribed. (3) The provisions of section 5, 12 and 14 of the Indian Limitation Act, 1963 (36 of 1963) shall apply to the computation of the time fixed for reference under sub-section 2. (4) The Highway Authority or the officer authorized shall make the reference in such a manner as may as prescribed. Procedure and powers of the authorities empowered to decide references under sections 35 and 44.- 36. (1) References under section 35 and 44 shall be deemed to be proceedings within the meaning of section 141 of the Code of Civil Procedure, 1908, (5 of 1908), and in the trial thereof, the authorities empowered to decide such references may exercise all the power of Civil Court under that Code. (2) The scope of the enquiry in a reference under sections 35 and 44 shall be restricted to a consideration of the matters referred to the authorities mentioned in sub-section (1) in accordance with the provisions of this Act. District Superintendent of Police to enforce surrender or remove any encroachment.- 37. If the Highway Authority or any officer or servant is opposed or impeded in taking possession of any land or in executing any work or in removing any encroachment under this Act, the Highway Authority or officer or servant concerned shall apply to the Superintendent of Police of such Police Officer as the State Government may empower in this behalf and the Superintendent of Police or the officer so empowered shall enforce the surrender, removal or execution, as the case may be. Decision of authorities under sections 35 and 44 to be enforced as decrees of Civil Court. -38. The decisions of the authorities empowered to decide references under section 35 and 44 shall be enforcible as a decree of a Civil Court. Payment of compensation awarded.- 39. (i) On the determination of the compensation by agreement under section 27, or (ii) on making of an award under section 28,or (iii) if a reference is made under section 35 against such an award, after the decision of the authority under that section, The Highway Authority shall make the payment of the compensation awarded to person entitled thereto in accordance with the agreement, its award or the decision of the authority empowered to decide reference under section 35, as the case may be. The provisions of sections 31 to 34 (both inclusive) of the Land Acquisition Act 1894 (I of 1894) shall mutatis mutandis apply to such payment. Payment of adjustment.- 40. All payments due to be made to any person by way of compensation by the Highway Authority under this Act, shall, as far as possible be made by adjustment in such person’s account regarding betterment charges, if any, due from such person under Chapter VI. CHAPTER VI LEVY OF BETTERMENT CHARGES Notice to owners and person’s interested.-41. Where any work which the Highway Authority is empowered to undertake by or under the provisions of this Act is undertaken, the officer authorized by the State Government in this behalf shall give notice to the persons known or believed to be the owners of or interested in the lands benefited by such work requiring them to appear before him either personally or by an agent at a time and place therein mentioned (such time not being earlier than thirty days from the date of the notice) to state their objections, if any, to the imposition and recovery of betterment charges on such lands; Provided that no such notice shall be given unless the Deputy Commissioner with the previous sanction of the State Government has declared that the value of such lands is likely to increase or has increased by reason of construction of such work. Inquiry and Order. -42. On the date fixed under section 41 or on such other date to which the inquiry may be adjourned, the officer authorized under section 41 shall, after holding an inquiry in the prescribed manner and after hearing objections, if any, state by the persons as required by notice under section 41, make an order. The order shall specify:- (a) the lands benefited by the construction of the work; (b) the increase in the value of such lands by the proposed construction; (c) the amount of the betterment charges leviable on each of the said lands; (d) The date from which such betterment charges shall be leviable; Provided that no betterment charges shall be leviable in respect of any land- (i) which is unsuitable for development as a building site; or (ii) which is situated beyond a distance of one furlong from the middle of the highway on either side. Increase in value and betterment charges. – 43. The increase in value on account of construction of such work shall be the amount by which the value of the land on the date of completion of the proposed work is likely to exceed or has exceeded the value of the land on the date of the commencement of the said work and the betterment charges shall be one half of such increase in value. Explanation: - For the purpose of this section the State Government shall, by notification in the Official Gazette, specify- (a) the date of the commencement of the construction of any work, (b) the date of completion of such work. Reference against order of authorized officer under section 42- 44. (1) Any person aggrieved by the order fixing the betterment charges may, by written application to the officer authorized under section 41 require that the matter be referred to the officer exercising the powers of a Civil Judge within the limits of whose jurisdiction the land is situated. (2) Any such application shall be made within six weeks from the date on which the order of the officer referred to in sub-section (1) was communicated to such person and shall be in such form as may be prescribed. (3) The provisions of section 5, 12 and 14 of the Indian Limitation Act, 1963 shall apply to the computation of the time fixed for reference under sub-section (2). (4) The officer authorized under section 41 shall make the reference in such manner as may be prescribed. Finality of order fixing betterment charges and of decision on reference. -45. The order fixing betterment charges made under section 42, subject to a reference to the Authority under section 44 and the decision of the Authority on reference under section 44, shall be final. Betterment charges to be first charge on land next to land revenue and house tax. – 46. From the date specified in the order fixing the betterment charges as the date from which such charges shall be leviable, or from such date as may be otherwise specified by the Authority under section 44 as the date from which such charges shall be leviable, the betterment charges recoverable in respect of any land shall, subject to prior payment of land revenue and house tax if any, due to the State Government thereon be a first charge on the land in respect of which such betterment charges are leviable. Payment of betterment charges. – 47. The betterment charges shall be payable on the date fixed under the rules made by the State Government under section 72; Provided that the owner of the land on which such charges are imposed may execute an agreement in favour of the State Government agreeing to pay the amount of such charges by annual installments together with interest at such rate and within such period as may be prescribed. Relinquishment of or exchange of and in lieu of payment of betterment charge. –