Maharashtra Highways Act

The Maharashtra Highways Act

Rules Regulations Notifications Orders Circulars Ordinance Statutes

Act ID:	195555
Act Number:	55
Enactment Date:	1955-12-22
Act Year:	1955
Short Title:	The Maharashtra Highways Act
Long Title:	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.
Ministry:	Ministry of Govt of Maharashtra
Department:	Public Works Department
Type:	STATE
Location:	Maharashtra


Schedule 1. SCHEDULE Order Appendix Forms

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Show all section The Maharashtra Highways Act

CHAPTER I

PRELIMINARY

CHAPTER II

DECLARATION OF HIGHWAYS, HIGHWAY AUTHORITIES AND THEIR POWERS AND FUNCTIONS

CHAPTER III

RESTRICTION OF RIBBON DEVELOPMENT

CHAPTER IIIA

LAND POOLING SCHEME

CHAPTER IV

PREVENTION OF UNAUTHORIZED OCCUPATION OF AND ENCROACHMENT ON, A HIGHWAY AND REMOVAL OF ENCROACHMENT

CHAPTER V

COMPENSATION

CHAPTER VI

LEVY OF BETTERMENT CHARGES

CHAPTER VII

SUPPLEMENTAL PROVISIONS TO SECURE SAFETY OF TRAFFIC AND PREVENTION OF DAMAGE TO HIGHWAYS

CHAPTER VIII

PENALTIES

CHAPTER IX

MISCELLANEOUS


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


Schedule 1. SCHEDULE Order Appendix Forms

Schedule 1. SCHEDULE