GOVERNMENT OF MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

BOMBAY ACT No. LV OF 1955

THE MAHARASHTRA HIGHWAYS ACT.

( As modified upto the 14th May, 2018 )

*
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PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
MAHARASHTRA STATE, MUMBAI–400 004.

2018

[ Price : Rs. 24.00 ]

1955 : Bom. LV] (i)

THE MAHARASHTRA HIGHWAYS ACT

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CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
Preliminary.
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
Declaration of Highways, Highway Authorities and their powers and
functions.
3. Declaration of roads, ways or lands as highways.
4. Appointment of Highway Authorities.
5. Powers and duties of Highway Authorities.
6. Officers and servants of Highway Authority.
CHAPTER III
Restriction of Ribbon Development.
7. Power to fix boundary, building and control lines of Highways.
8. Map to be prepared and maintained.
9. Restrictions on buildings between highway boundary and building
line and between building and control lines.
10. Appeal.
11. Exemptions for works in progress, etc.
12. Setting back of buildings to building line or control line.
13. Regulation or diversion of right of access to highway.
14. Powers of Highways Authority and officers and servants appoined
under section 6 in respect of surveys.
15. Power to acquire land, etc.
16. Power to enter or survey, etc.
17. Hearing of objections.
18. Declaration of acquisition.
19. Powers to take possession.
19A. Right to enter into land where land vested in State Government.
19B. Determination of amount payable as compensation.
19C. Deposit and payment of amount.
H 466-1
(ii) Maharashtra Highways Act [1955 : Bom. LV

SECTIONS.
CHAPTER III—contd.
19D. Land Acquisition Officer to have certain powers of civil court.
19E. Land Acquisition Act, 1894 not to apply.
CHAPTER IIIA
Land Pooling Scheme.
19F. Identification of area for Scheme.
19G. Declaration of intention and issue of final notification of Scheme.
19H. Verification of title of land and extent of consent.
19I. Disputed ownership.
19J. Acquisition of land of land owners not particiating in Scheme.
19K. Publication of draft and final layout.
19L. Vesting of land with Highway Authority.
19M. Allotment of developed non-agricultural plot or land.
19N. Land Pooling Ownership Certificate.
19O. Exemption from payment of registration fee, stamp duty, etc.
19P. Power to take possession of land.
19Q. Incorporation of land in development plan.
19R. Responsibilities of owner of developed non-agricultural plot or land.
19S. Implementation of Scheme.
19T. Completion of Scheme.
19U. Infrastructure maintenance.
19V. Delegation of powers.
19W. Restrictions on development of land in Scheme area.
CHAPTER IV
Prevention of unauthorized occupation of, and encroachment
on, a highway and removal of encroachment.
20. Lands forming part of highway deemed to be Government property.
21. Prevention of unauthorized occupation of highway.
22. Power to cancel permit.
23. Prevention of encroachment.
24. Appeal against notice served under sub-section (1) of section 23.
25. Recovery of cost of removal of encroachment.
CHAPTER V
Compensation.
26. Doing minimum damage in certain cases and compensation.
27. Determination of amount of compensation by agreement.
28. Determination of amount of compensation in default of agreement.
29. No compensation if similar restrictions in force under any other law
or if compensation already received.
1955 : Bom. LV] Maharashtra Highways Act (iii)

SECTIONS.
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.
31. Compensation for diversion of access not to exceed cost of alternative
access.
32. Compensation for cutting of standing crops, trees, etc.
33. No compensation for unauthorised erections.
34. NO compensation for removal of encroachment.
35. Reference against award of Highway Authority or authorized officer
under section 28.
36. Procedure and powers of the authorities empowered to decide references
under sections 35 and 44.
37. Commissioner of Police or District Superintendent of Police to enforce,
surrender or remove any encroachment.
38. Decisions of authorities under sections 35 and 44 to be enforced as
decrees of civil court.
39. Payment of compensation awarded.
40. Payment by adjustment.
CHAPTER VI
Levy of Betterment Charges.
41. Notice to owners and persons interested.
42. Inquiry and order.
43. Increase in value and betterment charges.
44. Reference against order of authorised officer under section 42.
45. Finality of order fixing betterment charges and of decision on reference.
46. Betterment charges to be first charged on land next to land revenue.
47. Payment of betterment charges.
48. Relinquishment of or exchange of land in lieu of payment of betterment
charges.
CHAPTER VII
Supplemental provisions to secure safety of traffic and prevention of
damage to highways.
49. Prevention of danger arising from obstruction of view, etc., of persons
using any highway.
50. Highway Authority to regulate traffic when highway declared unsafe.
51. Prohibition of use of heavy vehicles on certain highways.
52. Procedure to be followed when Highway Authority desires permanently
to close any highway.
(iv) Maharashtra Highways Act [1955 : Bom. LV

SECTIONS.
53. Consent of Highway Authority required to do certain acts on highway.
54. Prevention and rectification of damaged highway.
CHAPTER VIII
Penalties.
55. Disobedience of orders, instructions and refusal to give information, etc.
56. Contravention of restrictions relating to access or erecting any
building, etc.
57. Unauthorized occupation of highway.
58. Causing damage to highways.
59. General provision for punishment of offences.
60. Power to compound offences.
CHAPTER IX
Miscellaneous.
61. Powers and duties of police.
62. Duties of village officials.
63. Power to utilise highway for other than road purposes.
63A. Power of Highway Authority to dispose land.
64. Summary eviction.
65. Inquiries to be held summarily.
66. Registration of map made under section 8 not required.
67. Certain persons to be public servants.
68. Bar of jurisdiction.
69. Protection of persons acting in good faith and limitation of suit or
prosecution.
70. Service of notices and bills.
71. Power to make rules.
72. Savings.
73. Provisions of this Act or rules to prevail over inconsistent provisions
in other laws.
74. Building and control lines along national highways and levy of betterment
charges.
75. Repeal and saving.
(SCHEDULE) Deleted.

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 BOMBAY ACT No. LV OF 1955 1
[THE MAHARASHTRA HIGHWAY ACT]†
[This Act received the assent of the President on the 13th December 1955; assent
was first published in the “Bombay Government Gazette”, in Part IV, Extraordinary,
on the 22nd December 1955.]
[22nd December 1995]
Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent
Subjects) Order, 1956.
Adapted and modified by the Maharashtra Adaptation of Laws (State and Concur-
rent Subjects) Order, 1960.
Amended by Mah. 42 of 1965.
Amended by Mah. 24 of 1967.
Amended by Mah. 37 of 1999 (1-1-2000)*
Amended by Mah. 24 of 2012 (22-8-2012)*
Amended by Mah. 28 of 2016 (1-9-2016)#
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.
WHEREAS it is expedient 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; It is hereby enacted in the Sixth Year of the
Republic of India as follows :—
CHAPTER I
Preliminary.
1. (1) This Act may be called 2[the Maharashtra Highways Act]. Short title,
3
[(2) It extends to the whole of the State of Maharashtra.] extent and
commence-
(3) 4[This section shall be in force in the whole State.] The State Government ment.
may, by notification in the Official Gazette, direct that all or any of the remaining
provisions of this Act shall come into force in such area and on such date** as may
be specified in the notification :
Provided that the State Government may, by notification issued in like manner
exclude any road or way or class of roads or ways situate in such area from the
operation of all or any of the provisions of this Act.
2. In this Act, unless there is anything repugnant in the subject or context,— Definitions.
(a) “animal” means any domestic or captive animal;
(b) “building” includes any erection of whatsoever material and in whatsoever
manner constructed (including a farm building for agricultural purposes) and also
includes plinths, doorsteps, walls (including compound walls and fences) and the like ;
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1954, Part V, Page 330.
† The Bombay Highways Act, 1955, and the rules made thereunder as in force in the Bombay
area of the State of Maharashtra, are hereby extended to the rest of that State (See section 2 of Mah.42
of 1965).
2. The short title was amended for “the Bombay Highways Act, 1955” by Mah. 24 of 2012,
Schedule, entry 58, w.e.f. 1-5-1960.
3 Sub-section (2) was substituted for the original by Mah. 42 of 1965, s. 3(a).
4 These words were substituted for the words “This section shall come into force at once”, by Mah.
42 of 1965, s. 3(b).
* This indicates the date of commencement.
** 8th July 1960, sections 2 to 74 (both inclusive) and the Schedule for the Bombay Suburban
District and the Thana District vide G. N., B. & C. D. No. BHA. 3760-C(1), dated the 7th July 1960.
** 11th May 1962, sections 2 to 74 (both inclusive) and the Schedule for the City of Bombay,
vide G. N., B. & C. D., No. BHA. 3761/534-C-(II), dated the 3rd May 1962.
** 3rd September 1964, sections 2 to 74 (both inclusive) and the Schedule for the Kolaba District,
vide G. N., B. & C. D., No. BHA. 3763/52902-C(3), dated the 28th August 1964.
** 28th April 1967, vide G. N., B. & C. D., No. BHA. 3765/1163 48-C-(1), dated the 19th April 1967.
# vide G.N., P.W.D. No. PPP. 2016/C.R. 251 LB-4/Roads-8, dated the 31st August 2016.
2 Maharashtra Highways Act [1955 : Bom. LV

(c) “building line” means a line on either side of any highway or part of a
highway fixed in respect of such highway or part by a notification under sub-
section (1) of section 7 ;
(d) “cantonment” means a contonment established under the Cantonments Act, II of
1924 ; 1924.
1
[(d-1) “Competent Authority” means the Collector of the revenue district, and
includes any officer not below the rank of Deputy Collector appointed by the
Government, for the purpose of the Land Pooling Scheme;]
(e) “control line” means a line on either side of highway or part of a highway
beyond the building line fixed in respect of such highway or part by a notification
under sub-section (1) of section 7 ;
(f) “encroachment” means any unauthorised occupation of any highway on part
thereof, and includes an unauthorised—
(i) erection of a building or any other structure, balconies, porches, projections
on or over or overhanging the highway ;
(ii) occupation of a highway beyond the prescribed period, if any, for
stacking building materials or goods of any other description, for exhibiting
articles for sale, for erecting poles, ownings, tents, pandals, hoardings and
other similar erections or for parking vehicles or stabling animals or for any
other purpose ; and
(iii) excavations or dumps of any sort made or extended on any highway
or underneath such highway ;
(g) “to erect” with its grammatical variations in relation to a building means
to construct, reconstruct, extend or alter structurally a building ;
(h) “excavation” in relation to any piece of land does not include any workings
which do not pierce the surface of that piece of land; but includes wells and tanks;
(i) “highway” means any 2[road, way or land] which is declared to be a
highway under section 3. The expression includes,—
(i) any land acquired or demarcated with a view to construct a highway
along it ;
(ii) the slopes, berms, borrow-pits, foot-paths, pavements and side, catch
and boundary drains attached to such road or way ;
(iii) all bridges, culverts, causeways, carriageways and other structures,
built on or across such road or way ; and
(iv) the trees, fences, posts, boundary, furlong and mile stones, and other
highway accessories and materials and material stacked on the road or way ;
(j) “Highway Authority” means the authority appointed as such or to which
the functions of such authority are entrusted under section 4;
(k) “highway boundaries” means the boundaries of a highway fixed in respect
of such highway by a notification under sub-section (1) of section 7 ;
3
[(k-1) “Land Pooling Scheme” or “Scheme” means voluntary assembly of
land under different ownership falling within the highway boundary and the site
of New Town, for the purposes of making such land available for the construction
of highway and development of New Town, in lieu of entitlement of developed
non-agricultural plot or land of a size determined as per the Land Pooling
Scheme, declared by the Government, from time to time;]
1. Clause (d-1) was inserted by Mah. 28 of 2016, s. 2(a).
2. These words were substituted for the words “road or way over which the public have a right of
way or are granted access and” by Mah. 42 of 1965, s.4.
3. Clause (k-1) was inserted by Mah. 28 of 2016, s. 2 (b).
 1955 : Bom. LV] Maharashtra Highways Act 3

(l) “means of access” includes any means of access, whether private or public,
for vehicles or for foot passengers and includes any street ;
(m) “middle of highway” means the point half-way between the highway
boundaries ;
1
[(m-1) “New Town” means the area declared or to be declared as New Town
Mah. by notification in the Official Gazette, under section 113 of the Maharashtra
XXX
VII of Regional and Town Planning Act, 1966;]
1966. (n) “occupier” includes,—
(a) any person who for the time being is paying or is liable to pay to the
owner rent or any portion of the rent of the premises in respect of which such
rent is paid or is payable ;
(b) an owner living in or otherwise using his premises ;
(c) a rent-free tenant ;
(d) a licensee in occupation of any premises ; and
(e) any person who is liable to pay to the owner damages for the use and
occupation of any premises ;
(o) “owner” means,—
(a) when used with reference to any premises, the person who receives the
rent of the said premises or who would be entitled to receive the rent thereof
if the premises were let and includes,—
(i) an agent or trustee who receives such rent on account of the owner ;
(ii) an agent or trustee who receives the rent of, or is entrusted with, or
concerned for, any premises devoted to religious or charitable purposes ;
(iii) a receiver, sequestrator or manager appointed by any court of
competent jurisdiction ; and
(iv) a mortgagee-in-possession ;
(b) when used with reference to an institution or a body corporate, the
manager of such institution or body corporate ;
(p) “prescribed” means prescribed by rules made under this Act ;
IX of (q) “railway administration” has the same meaning as in the Indian Railways
1890. Act, 1890 ;
(r) “vehicle” includes a barrow, sledge, plough, drag and a wheeled conveyance
of any description capable of being used on a highway ;
(s) the expressions “land”, “persons interested” and “persons entitled to act”
I of used in this Act shall have the same meaning as the said expressions have in the
1894. Land Acquisition Act, 1894.
CHAPTER II
Declaration of Highways, Highway Authorities and their powers and
functions.
3. The State Government may, by notification in the Official Gazette, declare Declaration
any road, way or land to be a highway and classify it as— of roads,
ways or
(i) a State highway (Special), lands as
(ii) a State highway, highways.

(iii) a major district road,

(iv) other district road, or
(v) a village road.
1. Clause (m-1) was inserted by Mah. 28 of 2016, s. 2 (c).
 4 Maharashtra Highways Act [1955 : Bom. LV

Appointment 4. The State Government may, by notification in the Official Gazette, appoint
of Highway
Authorities. for the purpose of this Act or any of its provisions any person or any authority to
be a Highway Authority for all the highways 1[in the State] or, in parts 2[thereof]
or for any particular highway or highways 3[therein], specified in the notification:
4
[Provided that, in case of any highway or highways notified under section 3, to
be developed by or transferred, assigned, handed over for construction, maintenance,
development or improvement to the Maharashtra State Road Development Corporation
Limited, in that case, the Maharashtra State Road Development Corporation Limited
shall be the Highway Authority, for that highway or highways.]
Powers and 5. Subject to such conditions as may be specified in the notification appointing a
duties of Highway Authority and subject to the general or special orders of the State Government,
Highway
Authorities.
a Highway Authority shall exercise powers and discharge duties in accordance with the
provisions of this Act for the restriction of ribbon development along highways, for the
prevention and removal of encroachments and for all matters necessary and incidental
to any or all of the above subjects. Also subject to the approval of the State Government
and to such general or special orders which the State Government may make in this
behalf, it shall be lawful to a Highway Authority to undertake the construction,
maintenance, development or improvment of highways 5[and development of New
Town].
Officers and 6. For the prupose of enabling a Highway Authority to exercise the powers conferred
servants of and to discharge the duties imposed upon it by or under the provisions of this Act, the
Highway State Government may appoint such officers and servants as it deems necessary to work
Authority.
under such Authority.
CHAPTER III
Restriction of Ribbon Development.
Power to fix 7. 6[(1) In any area in which the provisions of this Act have been brought into force,
boundary, and,
building and
control lines (i) where either any road, way or land has been declared to be a highway under
of section 3 or the construction or development of a highway is undertaken or proposed
Highways.
to be undertaken, and
(ii) the State Government considers it necessary to fix, as respects such highway,
the highway boundary, the building line or control line,
the State Government may, by notification in the Official Gazette, fix, as respects such
highway, the highway boundary, the building line and the control line :
Provided that, having regard to the situation or the requirements of a highway or
the condition of the local area through which a highway passes, it shall be lawful for
the State Government to fix different building or control lines in respect of any
highway, or portions thereof.]
(2) Not less than sixty days before issuing a notification under sub-section (1) the
State Government shall cause to be published in the Official Gazette and in the
1 These words were subsituted for the words “in the Bombay area of the State of Maharashtra”
by Mah. 42 of 1965, s. 5.
2 This word was substituted for the words “of the State” by the Bombay Adaptation of Laws (State
and Concurrent Subjects) Order, 1956.
3 This word was substituted for the words “in the Bombay area of the State of Maharashtra” by
Mah. 42 of 1965, s. 5.
4 This proviso was inserted by Mah. 28 of 2016, s. 3.
5 These words were inserted by Mah. 28 of 2016, s. 4
6 Sub-section (1) was substituted for the original by Mah. 42 of 1965, s. 6(1).
1955 : Bom. LV] Maharashtra Highways Act 5

prescribed manner in the village and at the headquarters of the 1[taluka, tahsil or mahal]
of the district in which the highway is situate a notification stating that it proposes to
issue a notification in terms of sub-section (1), and specifying therein all the lands
situated between the highway boundary and the control line proposed to be fixed under
such notification and in the case of new works, also lands benefiting by the construction
or development of the highway, as the case may be, together with a notice requiring
all persons affected by such notification, who wish to make any objections or suggestions
with respect to the issue of such a notification, to submit their objections or suggestions
in writing to the Highway Authority or appear before such authority, within two
months of the publication of the notification in the Official Gazette or within one
month from the date of the publication of the notification in the village, whichever
period expires later.
(3) The Highway Authority shall, after all such objections or suggestions have been
considered or heard, as the case may be, and after such further inquiry, if any as it
thinks necessary, forward to the State Government a copy of the record of its proceedings
held by it together with a report setting forth its recommendations on the objections or
suggestions.
(4) If, before the expiration of the time allowed by sub-section (2) for the filing
or hearing of objections or suggestions, no objection or suggestion has been made,
the State Government shall proceed at once to issue the notification under sub-
section (1). If any such objection or suggestion has been made, the State Government
shall consider the record and the report referred to in sub-section (3) and may
either—
(a) abandon the proposal to issue the notification under sub-section (1), or
(b) issue the notification under sub-section (1) with such modifications, if any,
as it thinks fit.
(5) In considering the objections or suggestions, the decision of the State
Government on the question of issuing the notification under sub-section (1) shall
be final and conclusive.
8. Within two months from the date of publication of the notification under sub- Map to be
section (1) of section 7 fixing the highway boundary, building line and control line prepared and
maintained.
with respect to any highway, the Highway Authority shall cause a map to be made
of the area through which such highway passes and shall cause to be marked thereon
the highway boundaries and building and control lines and any other particulars
necessary for the purposes of this Act and within one month from the date of making
any alteration or addition thereto cause the said map to be corrected and such map
with the date indicated thereon of the last time when the same shall have been so
corrected shall be kept in the office of the Highway Authority. Such map, which shall
bear the seal of the Highway Authority, shall be open to inspection. Copies of such
map shall also be kept for inspection at such other places as may be prescribed.
9. (1) Notwithstanding anything contained in any law, custom, agreement or Restrictions
instrument for the time being in force, on or after the appointed day, the following on buildings
between
restrictions shall, subject to the provisions of this Act, be in force, that is to say,— highway
no person shall, without the previous permission in writing of the Highway boundary
and building
Authority,— line and
(a) upon any land lying between the highway boundary and the building line between
building and
proposed to be fixed under sub-section (2), or fixed under sub-section (1), of control lines.
section 7, as the case may be,

1 These words were substituted for the words “taluka or mahal”, by Mah. 42 of 1965, s. 6(2).
H 466-2
6 Maharashtra Highways Act [1955 : Bom. LV

(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 or improvement of a road thereover
will not be prevented or prejudicially affected thereby ;
(ii) premission under clause (b) of sub-section (1) to the erection or altration
of a building or laying out any means of access to a highway which conforms
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 purposes
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.
1955 : Bom. LV] Maharashtra Highways Act 7

(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.
10. (1) If any applicant is aggrieved by any decision of the Highway Authority Appeal.
under section 9, withholding permission, or imposing any condition, he may appeal
to the State Government within 30 days from the date on which such decision was
communicated to him.
(2) The State Government may, after giving an opportunity to the applicant to
be heard, make such order as it thinks fit upon the appeal and the decision of the
State Government shall be final.
11. (1) No restrictions in force under section 9 shall apply to the erection or Exemptions
making of a building or excavation or to the construction, formation or laying out, for works in
progress,
of any means of access or works begun before the appointed day referred to in etc.
section 9.
(2) No restrictions in force under section 9, except restrictions as to the construc-
tion, formation or laying out, or means of access, shall apply to any land forming part
of a burial or cremation ground or other place for the disposal of the dead being land
which has, before the passing of this Act, been used for such purpose.
(3) No restrictions in force under section 9 shall apply to any excavation or works
necessary in connection with any drains, ditches, or other drainage works for agricultural
purposes or to any works necessary for the repair, renewal, enlargement or maintenance
of any sewer, drain, electric line, pipe, duct, or other apparatus, constructed in or upon
the land before the date on which the restrictions came into force or with the consent
of the Highway Authority on or after that date.
 8 Maharashtra Highways Act [1955 : Bom. LV

Setting back 12. Whenever any building or any part thereof erected before the appointed day
of buildings referred to in section 9 lies between the building line and the middle of the highway,
to building
line or the Highway Authority may, whenever any such building or part has either entirely
control line. or in greater part been taken down, burnt down or fallen down, by notice require such
building or part when re-erected to be set back to the building line or control line.
Regulation 13. (1) The Highway Authority may, if it is considered essential in the interests
or diversion
of right of of safety or convenience of traffic, regulate or divert any existing right of access to
access to a highway across land lying between the control line and the highway boundary :
highway. Provided that the existing right of access shall not be diverted until alternative
access has been given.
(2) Where the existing right of access is diverted, the point at which alternative
access is given to the highway shall not be unreasonably distant from the existing
point of access.
(3) The Highway Authority shall, by notification in the Official Gazette, publish
the date on which the existing right of access has been diverted and alternative
access has been given.
Powers of 14. For the purpose of carrying out any of the provisions of this Act, the
Highways Highway Authority and the officers and servants appointed under section 6 may—
Authority
and officers (a) enter upon, survey and take measurements and levels of any land ;
and servants
appointed
(b) mark such levels, dig or bore into the sub-soil of any land ;
under (c) demarcate the boundaries of the highway by planting stones or other
section 6 in suitable marks in different colours of a durable nature at intervals all along the
respect of
surveys. highway in such a manner that the imaginary line joining such stones or marks
shows the road boundary correctly ;
(d) where there are bends or kinks on the road boundary, locate the stones or
marks in different colours so as to give the correct configuration of the boundary
if they are joined by straight lines ;
(e) give consecutive numbers to such boundary stones or marks and maintain
them on the ground as if they constituted part of the highway ;
(f) lay out the building and control lines by placing marks in different colours
and cutting trenches ;
(g) if the survey cannot otherwise be made, or measurements or levels taken
or boundaries marked and lines laid out, cut down and clear away any standing
crop, tree, fence or jungle or any part thereof ;
1
[(g-1) demarcate the boundaries of New Town and demarcation of roads and
plots in the final layout of the land covered under the Land Pooling Scheme by
placing boundary stones and marks;
(h) do all other acts necessary in that behalf :
Provided that the Highway Authority shall not, except with the consent of the
occupier thereof, enter or permit any of the officers or servants to enter any
permises without previously giving such occupier at least forty-eight hours’ notice
in writing of its intention to do so.
Power to [15. (1) Any land required by the Highway Authority for discharging its
2

acquire functions under this Act shall be deemed to be the land needed for a public purpose
land, etc. and such land may, on a request being received from the Authority, be acquired by
the State Government for the said Authority under the provisions of this Act.
1 Clause (g-1) was inserted by Mah. 28 of 2016, s. 5.
2 These sections were substituted for sections 15 to 19 by Mah. 37 of 1999, s. 2.
 1955 : Bom. LV] Maharashtra Highways Act 9

(2) On the Highway Authority approaching the State Government as provided

under sub-section (1) with such requisition and the State Govenment being satisfied
that for a public purpose any land is required for the building, maintenance,
management or operation of a highway or part thereof, it may, by notification in
the Official Gazette, declare its intention to acquire such land :
Provided that, if the land intended to be acquired is situated in the Scheduled
Area, before declaring its intenion to acquire such land, the State Government or
the officer authorised in this behalf shall consult, in such manner as may be laid
down by the State Government by a general or special order issued in this behalf,—
(i) the Gram Sabha or Panchayat concerned, if the land is falling within the
limits of a village ;
(ii) the Panchayat Samiti concerned, if the land is falling within the limits of
more than one villages in a Block;
(iii) the Zilla Parishad concerned, if the land is falling within the limits of
more than one Blocks, in a District.
Explanation.—For the purposes of this sub-section,—
Bom. (i) the expressions “Gram Sabha” and “Scheduled Area” shall have the
III of
1959.
meaning respectively assigned to them in the *Bombay Village Panchayats Act,
1958 ;
Mah. (ii) the expressions “Panchayat Samiti” and “Zilla Parishad” shall have the
V of meaning respectively assigned to them in the Maharashtra Zilla Parishad and
1962. Panchayat Samitis Act, 1961.
(3) Every notification issued under sub-section (2), shall give a brief description
of the land.
(4) Any officer authorised by the State Government, by notification in the Official
Gazette, for acquisition of land for the purposes of this Act (hereinafter called as
“the Land Acquisition Officer”), shall cause the substance of the notification to be
published in two local newspapers, one of which will be in a vernacular language.
16. On the issue of the notification under sub-section (2) of section 15, it shall Power to
enter or
be lawful for the Land Acquisition Officer or any person authorised by the State survey, etc.
Government in this behalf, to—
(a) make any inspection, survey, measurement, valuation or enquiry ;
(b) take levels ;
(c) dig or bore into sub-soil ;
(d) set out boundaries and intended lines of work ;
(e) mark such levels, boundaries and lines by placing marks and cutting
trenches ; or
(f) do such other acts or things as may be prescribed.
17. (1) Any person interested in the land other than the persons whose objections Hearing of
or suggestions have already been considered or heard by the Highway Authority in objections.
response to the notification issued by the Highway Authority under section 7 may,
within twenty-one days from the date of publication of the notification under sub-
section (2) of section 15, object to the use of the land for the purpose or purposes
mentioned in that sub-section.
(2) Every objection under sub-section (1) shall be made to the Land Acquisition
Officer in writing and shall set out the grounds thereof and the Land Acquisition
Officer shall give the objector an opportuniy of being heard, either in person or,
by a legal practitioner, and may, after hearing all such objections and after making
* The short title of this Act was amended as “the Maharashtra Village Panchayats Act” by Mah.
24 of 2012, Sch. entry, w.e.f. 1-5-1960.
 10 Maharashtra Highways Act [1955 : Bom. LV

such further enquiry, if any, as the Land Acquisition Officer thinks necessary by
order, either allow or disallow the objections.
Explanation.—For the purposes of this sub-section, “legal practitioner” has the 25 of
same meaning as in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961.
1961.
(3) Any order made by the Land Acquisition Officer under sub-section (2) shall
be final.
Declaration 18. (1) Where no objection under sub-section (1) of section 17 has been made to
of the Land Acquisition Officer within the period specified therein or where the Land
acquisition.
Acquisition Officer has disallowed the objection under sub-section (2) of that section
the Land Acquisition Officer shall, as soon as may be, submit a report accordingly
to the State Government and on receipt of such report, the State Government shall
declare, by notification in the Official Gazette, that the land should be acquired for
the purpose or purposes mentioned in sub-section (2) of section 15.
(2) On the publication of such declaration under sub-section (1), the land shall
vest absolutely in the State Government free from all encumbrances.
(3) Where in respect of any land, a notification has been published under sub-
section (2) of section 15 for its acquisition but no declaration under sub-section (1)
has been published within a period of one year from the date of publication of that
notification, the said notification shall cease to have any effect :
Provided that, in computing the said period of one year, the period or periods
during which any action or proceedings to be taken in pursuance of the notification
issued under sub-section (2) of section 15 is stayed by an order of a court shall be
excluded.
(4) A declaration made by the State Government under sub-section (1), shall not
be called in question in any court or by any other authority.
Powers to 19. (1) Where any land has been vested in the State Government under sub-
take
possession. section (2) of section 18, and the amount determined by the Land Acquisition
Officer under section 19B with respect to such land has been deposited under sub-
section (1) of section 19C with the Land Acquisition Officer by the State Government,
the Land Acquisition Officer may by notice in writing direct the owner as well as
any other person who may be in possession of such land to surrender or deliver
possession thereof to the Land Acquisition Officer or any person duly authorised by
him in this behalf within sixty days of the service of the notice.
(2) If any person refuses or fails to comply with any direction made under sub-
section (1), the Land Acquisition Officer shall apply—
(a) in case of the land situated in any area falling within the metropolitan area
to the Commissioner of Police ;
(b) in case of the land situated in any area other than the area referred to in
clause (a), to the Collector of a District ; and
such Commissioner or Collector, as the case may be, shall enforce the surrender
of the land, to the Land Acquisition Officer or to the person duly authorised by him.
Right to 19A. Where the land has been vested in the State Government under section 18,
enter into
land where
it shall be lawful for the Land Acquisition Officer or any person authorised by him
land vested in this behalf, to enter and do other act necessary upon the land for carrying out
in State the building maintenance, management or operation of a highway or a part thereof,
Government. or any other work connected therewith.
 1955 : Bom. LV] Maharashtra Highways Act 11

19B. (1) Where any land is acquired by the State Government under this chapter Determina-
there shall be paid an amount of compensation which shall be determined in tion of
amount
accordance with the provisions of this section. payable as
compensa-
(2) Where the amount of compensation has been determined by agreement tion.
between the State Government and the person to be compensated, it shall be
determined in accordance with such agreement.
(3) Where no such agreement can be reached, the State Government shall refer
the case to the Land Acquisition Officer for determination of the amount of compen-
sation to be paid for such acquisition and also the person or persons to whom such
compensation shall be paid :
Provided that, no compensation exceeding such amount as the State Government
may by general order specify, shall be determined by the Land Acquisition Officer
without the previous approval of the State Government or such Officer as the State
Government may appoint in this behalf.
(4) Notwithstanding anything contained in sub-section (3), if, after the case is
referred to the Land Acquisition Officer under the said sub-section (3) but before
he finally determined the amount of compensation, such amount is determined by
agreement between the State Government and the person to be compensated, the
compensation shall be determined by the Land Acquisition Officer in accordance
with such agreement.
(5) Where the right of user of any right in the nature of an easement on any land
is acquired under this Act, there shall be paid, to the owner and any other person
whose right of enjoyment in that land has been affected in any manner whatsoever
by reason of such acquisition, an amount calculated at ten per cent. of the amount
determined under sub-section (2) or sub-section (3), as the case may be, for that land.
(6) Before proceeding to determine the amount under sub-section (3) or sub-
section (5), the Land Acquisition Officer shall give a public notice published in two
local newspapers, one of which shall be in a vernacular language, inviting claims
from all persons interested in the land to be acquired.
(7) Such notice shall state the particulars of the land and shall require all persons
interested in such land to appear in person or by an agent or by a legal practitioner
referred to in sub-section (2) of section 17 before the Land Acquisition Officer, at
a time and place, and to state the nature of their respective interest in such land.
(8) If the amount determined by the Land Acquisition Officer under sub-section
(3) or sub-section (5) is not acceptable to either of the parties, the amount shall, on
an application by either of the parties, be determined by the arbitrator to be appointed
by the State Government.
26 of (9) Subject to the provisions of this Act, the provisions of the Arbitration and
1996. Conciliation Act, 1996 shall apply to every arbitration under this Act.
(10) The Land Acquisition Officer or the arbitrator while determining the amount
under sub-section (3) or sub-section (8), as the case may be, shall take into
consideration,—
(a) the market value of the land on the date of publication of the notification
under section 15 ;
(b) the damage, if any, sustained by the person interested at the time of taking
possession of the land, by reason of the severing of such land from other land ;
 12 Maharashtra Highways Act [1955 : Bom. LV

(c) the damage, if any, sustained by the person interested at the time of taking
possession of the land, by reason of the acquisition injuriously affecting his other
immovable property in any manner, or his earnings ;
(d) if, in consequences of the acquisition of the land, the person interested is
compelled to change his residence or place of business, the reasonable expenses,
if any, incidental to such change.
Deposit and 19C. (1) The amount determined under section 19B shall be deposited by the
payment of State Government, in the prescribed manner, with the Land Acquisition Officer
amount.
before taking possession of the land.
(2) As soon as may be after the amount has been deposited under sub-section (1),
the Land Acquisition Officer shall on behalf of the State Government pay the
amount to the person or persons entitled thereto.
(3) Where several persons claim to be interested in the amount deposited under
sub-section (1), the Land Acquisition Officer shall determine the persons who in his
opinion are entitled to receive the amount payable to each of them.
(4) If any dispute arises as to the apportionment of the amount or any part
thereof or to any person to whom the same or any part thereof is payable, the
Land Acquisition Officer shall refer the dispute to the decision of the principal
civil court of original jurisdiction within the limits of whose jurisdiction the land
is situated.
(5) Where the amount determined under sub-section (8) of section 19B by the
arbitrator is in excess of the amount determined by the Land Acquisition Officer,
the arbitrator may award interest at nine per cent. per annum on such excess amount
from the date of taking possession under section 19 till the date of the actual deposit
thereof.
(6) Where the amount determined by the arbitrator is in excess of the amount
determined by the Land Acquisition Officer, the excess amount together with an
interest, if any, awarded under sub-section (5), shall be deposited by the State
Government, in the prescribed manner, with the Land Acquisition Officer and the
provisions of sub-sections (2) to (4) shall apply to such deposit.
Land 19D. The Land Acquisition Officer shall have, for the purposes of this Act, all
Acquisition 5 of
Officer to the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908.
have certain 1908, in respect of the following matters, namely :—
powers of
civil court.
(a) summoning and enforcing the attendance of any person and examining him
on oath ;
(b) requiring the discovery and production of any document ;
(c) reception of evidence on affidavits ;
(d) requisitioning any public record from any court or office ;
(e) issuing commission for examination of witnesses.
Land 19E. Nothing in the Land Acquisition Act, 1894 shall apply to an acquisition I of
Acquisition 1894.
Act, 1894 not under this Act.]
to apply.
1955 : Bom. LV] Maharashtra Highways Act 13

1
[CHAPTER IIIA
Land Pooling Scheme.
19F. (1) The Highway Authority shall be the Authority for the purpose of Identification
of area for
the Land Pooling Scheme. Scheme.
(2) The Highway Authority may identify the area for the Scheme either on its
own or based on the applications received from the land owners or persons interested.
(3) The Highway Authority shall initiate the Scheme for the identified area.
(4) The Highway Authority shall submit the proposal of delineating the boundaries
and the area comprised in the Scheme in the prescribed manner to the Competent
Authority.
19G. (1) The Competent Authority shall, publish the preliminary notification in
Declaration
the Official Gazette, declaring its intention to make the Scheme in respect of the of intention
proposal received from the Highway Authority as provided in sub-section (4) of and issue of
final
section 19F, in the prescribed manner and within the prescribed period, calling for notification
objections or suggestions, as well as the consent for voluntary participation in the of Scheme.
Scheme, from the land owners or persons interested, whose lands are included in
the Scheme.
(2) The land owners or persons interested shall submit their objections or
suggestions, as well as consent, for the Scheme in the prescribed manner, in writing
to the Competent Authority or appear before such authority, within prescribed
period from the date of the publication of the preliminary notification in the Official
Gazette.
(3) The Competent Authority shall, after all such objections or suggestions have
been considered or heard, as the case may be, and after such further inquiry, if any,
as it thinks necessary, forward to the Highway Authority, a copy of the record of
its proceedings held by it together with the report setting forth its recommendations
on the objections or suggestions.
(4) The Highway Authority shall consider the record and report specified in sub-
section (3) and may publish the final notification in the Official Gazette, delineating
the boundaries and area comprised in the Scheme, in the prescribed manner, with
or without such modifications, if required, as it thinks fit.
(5) The decision of the Highway Authority to publish the final notification under
sub-section (4) shall be final and conclusive.
(6) The consent given by the land owners or persons interested under sub-section
(2) shall be irrevocable.
19H. (1) The Competent Authority shall, verify the title of the land and extent
of consent as provided in sub-section (2) of section 19G, covered under the Scheme, Verification
with reference to revenue records, registered documents other relevant records of of title of
land and
ownership of land in the prescribed manner within prescribed period. extent of
consent.
(2) The Competent Authority shall pass the appropriate order under his seal and
signature, confirming the acceptance or otherwise of the land for the Scheme.
1 Chapter IIIA was inserted by Mah. 28 of 2016, S. 6.
H 466-3
 14 Maharashtra Highways Act [1955 : Bom. LV

Disputed 19I. (1) Where there is a dispute over the claim of the ownership of any land
ownership.
included in the area under the Scheme, in respect of which a declaration of intention
has been made, or any entry in the record of rights or mutation relevant to such
disputed claim is inaccurate or inconclusive, in such cases, the Competent Authority
may, hold an enquiry in the prescribed manner, at any time, before the final
allotment of the developed non-agricultural plot or land.
(2) The Competent Authority shall, after giving an opportunity, of being heard
to the land owner or person interested, pass an appropriate order, for the purposes
of deciding who is the land owner or person interested for the purposes of the
Scheme, under his seal and signature.
(3) The aggrieved person may, file an appeal before the competent revenue
authority or regular suit in a Court of competent jurisdiction, as the case may be,
under the applicable law.
Acquisition 19J. The land owners or persons interested, who have not voluntarily participated
of land of
land in the Scheme, the land of such land owners or persons interested, shall be acquired
owners not
participating as per the law applicable for acquisition of land.
in Scheme.
Publication 19K. (1) The Highway Authority shall prepare the draft layout of land included
of draft
and final in the boundaries of the New Town in the prescribed manner. The draft layout shall
layout.
include all the land whether the land owners or persons interested has voluntarily
participated or not in the Scheme.
(2) The Highway Authority shall, publish the draft layout of such land, in the
prescribed manner, calling for objections or suggestions from the land owners or
persons interested, who has voluntarily participated in the Scheme.
(3) The land owners or persons interested shall submit their objections or suggestions
for the draft layout in the prescribed manner, in writing to the Highway Authority
or appear before Authority, within the prescribed period from the date of the
publication of the draft layout.
(4) The Highway Authority shall hear all such objections or suggestions, consider
the record and may publish the final layout, in the prescribed manner, with such
modifications, if any, as it thinks fit.
(5) The decision of the Highway Authority to publish the final layout under sub-
section (4) shall be final and conclusive.
Vesting of 19L. (1) The land in final notified area under the Scheme as provided in sub-
land with
Highway section (4) of section 19G and the final layout as provided in sub-section (4) of
Authority.
section 19K, shall vest absolutely with the Highway Authority, as non-agricultural
land, free from all encumbrances, on Class-I occupancy basis, for the development
and implementation of the Scheme :
Provided that, notwithstanding anything contained in any other law for the time
being in force, no premium or nazarana or share of unearned income shall be levied
by the Government for transferring of any land held on Class-II occupancy to the
Highway Authority under the Scheme, and upon such transfer, such land shall vest
in the Highway Authority, as non-agricultural land, free from all encumbrances,
on Class-I occupancy basis.
 1955 : Bom. LV] Maharashtra Highways Act 15

(2) Any person wrongfully occupying any land vested with the Highway Authority,
Mah. shall be summarily evicted by the Collector in the manner provided in the Maharashtra
XLI Land Revenue Code, 1966, on being required to do so by the Highway Authority.
of
1966.
19M. (1) The Highway Authority shall, allot the developed non-agricultural plot Allotment of
or land to the land owners or persons interested, who have voluntarily participated developed
non-
in the Scheme, as per the Scheme declared by the Government. agricultural
plot or land.
(2) The procedure of allotment of developed non-agricultural plot or land shall
be in the prescribed manner.
19N. (1) The Highway Authority shall, within prescribed period, issue the Land Land
Pooling
Pooling Ownership Certificate (hereinafter referred to as “the Certificate”) to the Ownership
land owners or persons interested, after allotment of the developed non-agricultural Certificate.
plot or land as provided in section 19M :
Provided that, notwithstanding anything contained in any other law for the time
being in force, the ownership of the developed non-agricultural plot or land, shall
be free from all encumbrances, on Class-I occupancy basis.
(2) The Certificate shall contain details of the original land of land owners or persons
interested, details of the developed non-agricultural plot or land, including its original
ownership details, along with a map of developed non-agricultural plot or land.
(3) The Highway Authority shall register the Certificate under the provisions of
16 of the Registration Act, 1908. Such Certificate shall be the conclusive proof of the title
1908.
of the property in respect of the allotted developed non-agricultural plot or land and
4 of shall be eligible for transfer of rights of the property in accordance with the
1882. provisions of the Transfer of Property Act, 1882.
19O. (1) No registration fee and stamp duty shall be charged from the Highway Exemption
Authority for registration of the Certificate as provided in sub-section (3) of from
payment of
section 19N. registration
fee, stamp
(2) No non-agricultural assessment shall, be levied on the allotted developed non- duty, etc.
agricultural plot or land under sub-section (1) of section 19M by the Highway
Authority from the first allottee.
19P. (1) The Competent Authority shall, take the possession of the land in the Power to
Scheme from the land owners or persons interested, to whom the Certificate is take
possession
issued as provided in sub-section (1) of section 19N and hand over the possession of land.
of such land to the Highway Authority in the prescribed manner.
(2) The Competent Authority shall, take the possession of the land acquired as
provided in section 19J, after ensuring that full payment of compensation as well
as rehabilitation and resettlement entitlements are paid to the concerned land owners
or persons interested as per the law applicable for acquisition of land. Thereafter,
the Competent Authority shall hand over the possession of such land to the Highway
Authority in the prescribed manner.
19Q. The Planning Authority shall incorporate the land of the final notified area Incorporation
of the Scheme as provided in sub-section (4) of section 19G and the final layouts of land in
Mah. development
XXXVII as provided in sub-section (4) of section 19K, in the development plan of the New plan.
o f Town under the Maharashtra Regional and Town Planning Act, 1966.
1966.
 16 Maharashtra Highways Act [1955 : Bom. LV

Responsibilities 19R. The owner of the developed non-agricultural plot or land shall be respon-
of owner
of sible for the following, namely :-
developed
non- (a) for all the required infrastructure within the developed non-agricultural plot
agricultural or land and for obtaining development permissions as per the law applicable ;
plot or
land. (b) to obtain all other permissions and requisite ‘No Objection Certificates’
required for the development of the allotted plot or land; and
(c) to pay necessary fees and charges as per the applicable law and rules for the
sanction of development permission before commencing any construction activity on
the developed non-agricultural plot or land.
Implementation 19S. (1) The Highway Authority shall implement the Scheme in the prescribed
of Scheme.
manner.
(2) The Highway Authority shall carry out the physical demarcation of roads and
plots or land of the final layout.
(3) The Highway Authority shall hand over the possession of the developed non-
agricultural plot or land to the Certificate holder as per the Scheme in the prescribed
manner, after formation of the roads as per the final layout.
(4) The remaining infrastructure like street light, solid waste management, sewer-
age treatment facility, water supply, parks and play grounds and other amenities shall
be developed by the Highway Authority in a phased manner.
Completion 19T. (1) The Highway Authority shall publish notice of the completion of the
of Scheme.
Scheme in the prescribed manner within prescribed period.
(2) The Highway Authority shall also publish the details of the allotment of
developed non-agricultural plot or land to the land owners or persons interested, in the
prescribed manner.
Infrastructure 19U. (1) The owners of the developed non-agricultural plot or land shall pay for the
maintenance.
usage, consumption and maintenance charges levied by the Highway Authority or
local authorities or agencies responsible for the common infrastructure and respective
services including roads, street lights, solid waste management, sewerage treatment
facility, water supply, parks and play grounds and other amenities.
(2) The Highway Authority may maintain the common infrastructure facilities
either on its own or authorize the local authority or agency with the prior approval of
the Government.
(3) The Highway Authority may collect such necessary user charges for infrastruc-
ture maintenance, as may be prescribed in the prescribed manner.
Delegation 19V. (1) The Highway Authority may, as it thinks fit, authorise and delegate its
of powers.
powers to any officer, for the purposes of this Act.
(2) The Highway Authority and the authorised officers shall exercise such powers
and perform such duties, as may be prescribed.
(3) The Competent Authority may, as it thinks fit, authorise and delegate its powers
to the officer not below the rank of Deputy Collector, for the purposes of this Act.
(4) The Competent Authority and authorized officers shall exercise such powers
and perform such duties, as may be prescribed.
1955 : Bom. LV] Maharashtra Highways Act 17

19W. (1) After declaration of intention of the Scheme as provided in sub-section Restrictions
on
(1) of section 19G, no land owners or persons interested shall, without the prior development
permission in writing of the Highway Authority, construct, erect, build, excavate, of land in
Scheme area.
etc., in the Scheme area.
(2) The provisions of sections 9 to 13 shall, mutatis mutandis, apply for the Scheme
area.]

CHAPTER IV
Prevention of unauthorised occupation of and encroachment on, a
highway and removal of encroachment.
Lands
20. All lands forming part of a highway which do not already vest in the State forming
Government shall, for the purpose of this Chapter, be deemed to be the property part of
highway
of the State Government. deemed to be
Government
property.
Prevention
21. (1) No person shall occupy or encroach on any highway within the highway of
boundaries without obtaining the previous permission in writing of the Highway unauthorized
Authority or an officer authorized in this behalf by the Highway Authority. occupation
of highway.

(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 conditions 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 or 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 articles on any highway, or
(iv) to make a temporary excavation for carrying out any repairs or
improvements to adjoining building :
Provided that no such permission shall be deemed to be valid beyond a 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 up to which the
person is authorized to occupy the highway, the purposes 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 sketch of that portion of the highway, if necessary.
(4) The person in whose favour such a 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.
 18 Maharashtra Highways Act [1955 : Bom. LV

(5) The Highway Authority or the officer issuing the permission shall maintain
a complete record of all such permissions issued and shall also cause a check-up to
be made in every case at the expiration of the period up to which occupation has
been authorized to ensure that the land has actually been vacated.
Power to 22. (1) The Highway Authority may cancel any permission granted under
cancel section 21—
permit.
(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 or of any terms
or conditions 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 the amount, if any, due to the State Government.
Prevention 23. (1) When as a result of check of highway boundaries made or otherwise it
of
encroach- transpires that an encroachment has taken place on a highway the Highway Authority
ment. 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 conditions 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
before the appropriate Magistrate 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 trival nature the
Highway Authority or the authorized officer referred to in sub-section (1) may with
the help of the police, if necessary, have such encroachment summarily removed
without issuing a notice as required by sub-section (1), or in lieu of removal of the
encroachment, may give the person responsible for the encroachment option of
executing a lease in favour of the Highway Authority on payment of rent for the
area encroached upon.
(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 the police, if necessary.
(6) Where the encroachment is of such a nature that its immediate removal is,
considered essential in the interests 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 prosecution of the person
under sub-section (3), either—
1955 : Bom. LV] Maharashtra Highways Act 19

(i) have such protective work, as may be feasible at a reasonable cost, carried
out so as to minimise the danger to traffic on the highway, or
(ii) have the encroachment removed with the help of the police, if necessary.
24. Where the person on whom notice to remove an encroachment has been Appeal
served under sub-section (1) of section 23 lays claim that the land in respect of against
notice
which encroachment has been alleged is his property or that he has acquired a right served under
over it by virtue of adverse possession or otherwise he shall within the time-limit sub-section
prescribed in the notice for the removal of the encroachment, file an appeal before (1) of
section 23.
the Collector under intimation to the Highway Authority or the officer authorized
under sub-section (1) of section 21, as the case may be. The Collector 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 taking further action in the matter.
25. (1) Whenever the Highway Authority or the officer authorized under sub- Recovery of
section (1) of section 21 has under the provisions of section 23 removed any cost of
removal of
encroachment or carried out any protective work in respect of any encroachment, encroach-
the expenditure involved shall be recovered from the person responsible for the ment.
encroachment in the manner hereinafter provided.
(2) A bill, representing the expenditure 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 a 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 charges incurred and such a
certificate shall be conclusive proof that the charges had actually been incurred.
(4) The materials, 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
the 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 auctioned and after deducting the
amount of the bill from the procceds, the balance, if any, shall be made over to such
person.
(5) If the proceeds of the auction sale do not cover the total amount billed for,
the excess over the amount realised by the sale of materials, or if there are no
materials to dispose 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 recovered from such person as an arrear of land revenue.

CHAPTER V
Compensation.
26. In the exercise of the powers under the following provisions by the Highway Doing
Authority or any officer or servant appointed under section 6 or any other person minimum
damage in
authorised by or under this Act by the State Government, as little damage as can certain cases
be shall be done and compensation in the manner prescribed by or under this Act and com-
shall be paid to any person who sustains damage in consequence of the exercise of pensation.
such powers, namely :—
(a) the imposition of restrictions under section 9 ;
 20 Maharashtra Highways Act [1955 : Bom. LV

(b) the setting back of any building or part thereof under section 12 ;
(c) the regulation or diversion of any right of access to a highway under
section 13 ;
(d) the entry, survey, measurement and doing of any of the acts on any land
under section 14 ;
1
* * * * * *
(f) the closure of any highway or part thereof under section 52.
Determina- 27. The amount of compensation payable under section 26, the persons to whom
tion of
amount of
it is to be paid and the apportionment of such amount among the persons interested
compensa- therein shall be determined by agreement between the Highway Authority or any
tion by officer authorised by the State Government and the person or persons claiming
agreement. interest therein.
Determina- 28. (1) In default of any agreement under section 27, the Highway Authority
tion of or the officer authorised by the State Government shall, subject to the provisions
amount of
compensa- of this Act, after holding an enquiry, make an award determining—
tion in
default of
2
* * * * * * *
agreement. (b) the amount of compensation to be paid under section 26,
(c) the apportionment, if any, of such compensation among all persons known
or believed to be entitled thereto :
3
[Provided that, no award allowing compensation exceeding such amount as the
State Government may, by general order, specify shall be made without the previous
approval of the State Government or such officer as the State Government may
appoint in this behalf.]
4
* * * * * *
No compen- 29. No compensation shall be awarded—
sation if
similar (i) if and in so far as the land is subject to substantially similar restrictions in
restrictions force under some other law which was in force on the date on which the
in force
under any restrictions were imposed by this Act ;
other law or (ii) if compensation in respect of the same restrictions imposed under this Act
if compensa-
tion already or substantially similar restrictions in force under any other law has already been
received. paid in respect of the land to the claimant or to any predecessor in interest of
the claimant.
Compensa- 30. When permission to erect any building has been refused under section 9 or
tion for
refusal of 10, the amount of compensation shall not exceed the difference between the value
permission of the land as determined by section 5[19B of this Act] 6 * * *
to build not
to exceed and the value which it would have had if the permission had been granted. In
difference determining such value any restrictions to which the land is subject under any other
between its law for the time being in force in regard to the right of person claiming compensation
value when
it was to erect a building on the land or otherwise to use, hold or dispose of the same shall
refused and be taken into consideration.
when it
would have
been granted. 1 Clause (e) was deleted by Mah. 37 of 1999, s. 3.
2 Clause (a) was deleted by Mah. 37 of 1999, s. 4 (a).
3 This proviso was added by Mah. 42 of 1965, s. 7.
4 Sub-section (2) was deleted by Mah. 37 of 1999, s. 4 (b).
5 The figures, letter and words were substituted for the figures and words “23 or 24 of the Land
Acquisition Act, 1894”, ibid., s. 5.
6 The words “as amended by the Schedule to this Act” were deleted by Mah. 24 of 1967, s. 3.
 1955 : Bom. LV] Maharashtra Highways Act 21

31. Where the right of access to a highway has been destroyed as a result of the Compensa-
tion for
diversion or closure thereof and an alternative access has been given, the amount of diversion of
compensation shall in no case exceed the cost of laying a new means of access from access not to
the property of the claimant to such alternative route. exceed cost
of alternative
access.
32. (1) At the time of an entry, survey or measurement or doing of any of the Compensa-
things under section 14, the officer making the entry, survey or measurement or tion for
cutting of
doing any other thing shall pay or tender to any person entitled compensation for standing
all necessary damage done as a result of such entry, survey, measurement or execution crops, trees,
of the work, including the cutting of standing crops, trees, or removal of etc.
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 the
Highway Authority and the said Authority shall with the least practicable delay
decide the dispute and pay to the person entitled the amount determined as
compensation. The decision of the Highway Authority 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 or 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 the amount of compensation for the land under 1[section
19B].
33. If any person has unauthorisedly erected, re-erected, added or altered any No compen-
building on any land which is acquired for the purpose of a highway, then any sation for
unauthorised
increase in the value of the land from such erection, re-erection, addition or alteration erections.
shall not be taken into account in estimating the value of the land.
34. No compensation shall be payable for the removal of any encroachment. No compen-
sation for
removal of
encroach-
ment.
35. 2[(1) Any person aggrieved by the award of the Highway Authority, or the Reference
Officer authorised under section 28, shall by a written application to the Highway against
award of
Authority, or such officer, require that the matter be referred, to arbitrator appointed Highway
under sub-section (8) of section 19B.] Authority or
(2) Any such application shall be made within six weeks from the date of the authorised
officer under
award, and shall be in such form as may be prescribed. section 28.
(3) 3[ * * * * * * * *]
(4) The Highway Authority or the Officer authorised shall make the reference in
such manner as may be prescribed.
36. (1) References under sections 35 and 44 shall be deemed to be proceedings Procedure
V of within the meaning of section 141 of the Code of Civil Procedure, 1908, and in the and powers
of the
1908. trial thereof the authorities empowered to decide such references may exercise all authorities
the powers of a civil court under that Code. empowered
to decide
references
under
sections 35
1 The word, figures and letter was substituted for the words and figures “section 28” by Mah. 37 and 44.
of 1999, s. 6.
2 This sub-section was substituted, ibid., s. 7 (a).
3 Sub-section (3) was deleted, ibid., s. 7 (b).
H 466-4
 22 Maharashtra Highways Act [1955 : Bom. LV

(2) The scope of the enquiry in a reference under section 35 or 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.

Commi- 37. If the Highway Authority or any officer or servant is opposed or impeded
ssioner of 1
* * * * in executing any work or in removing any
Police or
District encroachment under this Act, the Highway Authority or officer or servant concerned
Superin- shall apply in Greater Bombay to the Commissioner of Police, and elsewhere, to the
tendent of District Superintendent of Police or such Police Officer as the State Government
Police to
enforce, may empower in this behalf, and the Commissioner, the District Superintendent or
surrender or the officer so empowered shall enforce the surrender, removal or execution, as the
remove any
encroachment. case may be.
Decisions 38. The decisions of the authorities empowered to decide references under
of authorities
under sections 35 and 44 shall be enforceable as a decree of a civil court.
sections 35
and 44 to
be enforced
as decrees of
civil court.
Payment of 39. (1) On the determination of compensation by agreement under section 27
compensa-
tion or
awarded.
(2) on the making of an award under section 28, or
(3) if a reference is made under section 35 against such award, after the decision
of the Authority under that section,
the Highway Authority shall make the payment of the compensation awarded to
the person entitled thereto in accordance with the agreement, its award or the
decision of the Authority empowered to decide references under section 35, as the
case may be. 2[The provisions of section 19C shall, mutatis mutandis, apply to such
payment].
Payment by 40. All payments due to be made to any person by way of compensation by the
adjustment. 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 41. Where any work which the Highway Authority is empowered to undertake
owners and
persons by or under the provisions of this Act is undertaken, the officer authorised by the
interested. 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 30 days from the date of notice) to state
their objections, if any, to the imposition and recovery of betterment charges on
such lands :
Provided that no notice shall be given unless the Collector 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 the construction of such work.
1 The words “in taking possession of any land or” were deleted, by Mah. 37 of 1999, s. 8.
2 These words were substituted for the portion begining with the words “The provisions of sections”
and ending with the words “apply to such payment.”, by Mah. 37of 1999, s. 9.
 1955 : Bom. LV] Maharashtra Highways Act 23

42. On the date fixed under section 41 or on such other date to which the inquiry Inquiry and
order.
may be adjourned, the officer authorised under section 41 shall, after holding a
formal inquiry and after hearing the objections, if any, stated 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—
(a) which is unsuitable for development as a building site, or
(b) which is situate beyond a distance of one furlong from the middle of the
highway on either side.
43. The increase in value on account of the construction of such work shall be Increase in
value and
the amount by which the value of the land on the date of the completion of the betterment
proposed work is likely to exceed or has exceeded the value of the land on the date charges.
of the commencement of the said work and the betterment charges shall be one-half
of such increase in value.
Explanation.—For the purposes of this section, the State Government shall, by
notification in the Official Gazette, specify—
(a) the date of commencement of the construction of any work,
(b) the date of completion of such work.
44. (1) Any person aggrieved by the order fixing the betterment charges may, Reference
by a written application to the officer authorised under section 41, require that the against order
matter be referred, if the land in relation to which the order is made is situate,— of authorised
officer under
(i) in Greater Bombay, to the Principal Judge of the City Civil Court or such section 42.
other Judge of the said Court as may be nominated by the State Government in
consultation with the Principal Judge ; and
(ii) elsewhere, to the Civil Judge (Senior Division) of the district within the
limits of whose jurisdiction the land is situate.
(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.
IX of (3) The provisions of sections 5, 12 and 14 of the Indian Limitation Act, 1908,
1908.
shall apply to the computation of the time fixed for reference under sub-section (2).
(4) The Officer authorised under section 41 shall make the reference, in such
manner as may be prescribed.

45. The order fixing the betterment charges made under section 42, subject to Finality of
a reference to the Authority under section 44 and the decision of the Authority on order fixing
betterment
reference under section 44, shall be final. charges and
of decision
on reference.
 24 Maharashtra Highways Act [1955 : Bom. LV

Betterment 46. From the date specified in the order fixing the betterment charges as the date
charges to
be first
from which such charges shall be leviable, or from such date as may be otherwise
charge on specified by the Authority under section 44 as the date from which such charge shall
land next to be leviable, the betterment charges recoverable in respect of any land shall, subject
land revenue. to the prior payment of the land revenue, 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 47. The betterment charges shall be payable on the date fixed under the rules
betterment
charges.
made by the State Government under section 71 :

Provided that the owner of the land in 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 instalments together with interest at such rate and within
such period as may be prescribed.
Relinquish- 48. Notwithstanding anything contained in section 47, the State Government
ment of or
exchange of
may allow the owner of the land on which the betterment charges may be payable
land in lieu to relinquish the whole or any part of the land or to deliver it in exchange in lieu
of payment of payment of the charges, in favour of the State Government on such conditions
of better- as may be prescribed :
ment charges.
Provided that no such relinquishment or exchange shall be permitted unless the
land is free from encumbrances.

CHAPTER VII
Supplemental provisions to secure safety of traffic and prevention of
damage to highways.
1
[Prevention 49. (1) Whenever the Highway Authority is of opinion that it is necessary for
of danger
arising from the prevention of danger arising from obstruction of the view of persons using any
obstruction highway 2[or from distraction of attention of such persons], especially at any bend
of veiw, etc. or corner of the highway, it may, save as otherwise provided in section 11, serve
of persons a notice upon the owner or occupier of land alongside or at the bend or corner of
using any
highway.] such highway to alter within such time and in such manner as may be specified in
the notice, the height or character of any existing wall (not being a wall forming
part of a permanent structure), fence, hedge, tree, advertisement post, bill board or
any other object thereon, so as to cause it to conform with any requirements
specified in the notice.
(2) If any person upon whom a notice has been served under sub-section (1)
objects to comply with any requirement of such notice, he may, within one month
of its receipt, send to the Highway Authority his objection in writing stating the
grounds thereof.
(3) The Highway Authority shall, within one month of the receipt of the objection
consider the grounds advanced and shall, by order in writing, either withdraw the
notice or amend or confirm it.
(4) If a person is aggrieved by an order issued by the Highway Authority under
sub-section (3), he may prefer an appeal within 15 days from the date when such
order was communicated to him, to the Collector whose decision in the matter shall
be final.
1 This marginal note was substituted for the original, by Mah. 42 of 1965, s. 8 (c).
2 These words were inserted ibid., s. 8 (a).
1955 : Bom. LV] Maharashtra Highways Act 25

(5) If any person fails to comply with the notice served on him under sub-section
(1) as amended or confirmed, as the case may be, under sub-section (3), the
Highway Authority may take action to alter the object causing obstruction of view
1
[or distraction of attention] at its own expense, and such expenditure shall be
recovered from such person in accordance with the provisions of section 25, without
prejudice to any other action which may be taken against him.
50. If at any time it appears to the Highway Authority that any highway in its Highway
charge or any portion thereof is or has been rendered unsafe for vehicular or Authority
to regulate
pedestrian traffic by reason of damage or otherwise, it may, subject to such rules traffic when
as may be prescribed in this behalf, either close the highway or the portion of it highway
to all traffic or to any class of traffic, or regulate the number and speed or weight declared
of vehicles using the highway. unsafe.
51. Where the Highway Authority is satisfied that any highway or a portion Prohibition
thereof, or any bridge, culvert or causeway built on or across any highway, is not of use of
heavy
designed to carry vehicles of which the laden weight exceeds such limit as may be vehicles on
fixed in this behalf, it may, subject to such rules as may be prescribed in that behalf, certain
prohibit or restrict the plying of such vehicles on or over such highway or such part highways.
of the highway or such bridge, culvert or causeway.
52. (1) Where in exercise of the powers conferred on it by section 50 the Procedure to
Highway Authority desires permanently to close down any highway or part thereof, be followed
when
it shall give notice of its intention so to do in the Official Gazette. The notification Highway
shall also be published in at least two newspapers, one of which shall be in the Authority
regional language of the place in which the highway is situated. desires
permanently
to close any
highway.
(2) The notice shall indicate the alternative route, if any, which is proposed to
be provided or which may already be in existence and shall also invite objections,
if any, to the proposal to be submitted within such time as may be specified.
(3) The Highway Authority shall finalise its proposal to close down any highway
or part of it after considering the objections, if any, received within the specified
time and shall submit the final proposal to the State Government for approval
together with such objections as may have been received against the proposal.
(4) The State Government may either approve the proposal, with or without
modifications or reject it.
(5) When the State Government has approved the proposal it shall publish its
orders in the Official Gazette.
(6) When the orders of the State Government have been published in the Official
Gazette the Highway Authority shall arrange for further publicity to be given to the
order in at least two newspapers one of which shall be in the regional language of
the place in which such highway is situate and the highway or part thereof shall then
be closed.
(7) Whenever any highway or any part thereof has been so closed, reasonable
compensation shall be paid to every person who was entitled, otherwise than as a
mere member of the public, to use such highway or part thereof as a means of
access, to or from his property and has suffered damage for such closure.
53. (1) Notwithstanding anything contained in any other enactment for the time Consent of
being in force but subject to the provisions of section 72 no person other than the Highway
Authority
Highway Authority or any person authorised by it shall construct or carry any cable, required to
wire, pipe, drain, sewer or channel of any kind through, across, under or over any do certain
highway, except with the permission in writing of the Highway Authority. acts on
highway.
1 These words were inserted by Mah. 42 of 1965, s. 8 (b).
 26 Maharashtra Highways Act [1955 : Bom. LV

(2) In giving its consent, the Highway Authority may impose such conditions as
it may deem to be necessary, and may also impose a rent or other charge for any
land forming part of the highway occupied by or applied to the proposed work.
(3) If any person constructs or carries out any work in contravention of sub-
section (1), the Highway Authority may arrange for the removal of such work and
restoration of the highway to its former condition in accordance with the provisions
of section 23 as if the work constituted an encroachment on the highway, and such
expenses as the Highway Authority may incur for this purpose, shall, without
prejudice to any other action that may be taken against such person, be recovered
from him in accordance with the procedure provided in section 25 in so far as that
procedure is applicable.
Prevention 54. (1) No person shall wilfully cause, or allow any vehicle or animal in his
and charge to cause any damage to any highway.
rectification
of damaged (2) Where in contravention of sub-section (1) any damage has been caused to
highway. any highway, the Highway Authority shall have the damage repaired and the expenses
involved shall, without prejudice to any other action that may be taken against
the person responsible for contravention of sub-section (1), be recovered from him
in accordance with the procedure provided in section 25 in so far as that procedure
is applicable.
CHAPTER VIII
Penalties.
Disobedience 55. Whoever wilfully disobeys any direction lawfully given by any person or
of orders,
instructions authority empowered under this Act to give such direction, or obstructs any person
and refusal or authority in the discharge of any functions that such person or authority is
to give required or empowered under this Act to discharge, or, being required by or under
information,
etc. this Act to supply any information, withholds such information or gives information
which he knows to be false or which he does not believe to be true shall, on
conviction, be punished with fine which may extend to 1[one thousand rupees].
Contraven- 56. Whoever erects, alters or extends any building, or make any excavation or
tion of
restrictions constructs any means of access to or from a highway or does any other work in
relating to contravention of the provisions of section 9, shall, on conviction, be punished—
access or
erecting any (a) with fine which may extend to 2[two thousand rupees], and
building,
etc. (b) with further fine which may extend to 3[five thousand rupees] for each day
after such conviction, during which the offending structure or work is not removed,
demolished or cleared and the site not restored to its original condition.
Unautho- 57. Whoever—
rized
occupation (a) occupies or makes any encroachment on any highway in contravention of
of highway. the provisions of sub-section (1) of section 21, or
(b) fails to comply with the notice served on him under sub-section (1) of
section 23 for no valid reason,
shall, on conviction, be punished—
(a) for a first offence with fine which may extend to 4[one thousand rupees],
1 These words were substituted for the words “two hundred rupees” by Mah. 37 of 1999, s. 10.
2 These words were substituted for the words “five hundred rupees” ibid., s. 11(a).
3 These words were substituted for the words “one hundred rupees” ibid., s. 11(b).
4 These words were substituted for the words “two hundred and fifty rupees”, ibid., s. 12(a).
1955 : Bom. LV] Maharashtra Highways Act 27

(b) for a subsequent offence in relation to the same encroachment with fine
which may extend to 1[two thousand rupees] plus a further fine not exceeding
2
[hundred rupees per day] on which such occupation of the highway or
encroachment continues.

58. Whoever in contravention of sub-section (1) of section 54 wilfully causes Causing

or allows any vehicle or animal in his charge to cause any damage to any highway, damage to
highways.
shall, on conviction, be punished with fine which may extend to one thousand rupees.

59. Whoever contravenes any provision of this Act or of any rule or order made General
thereunder shall if no other penalty is provided for the offence, on conviction, be provision
for punish-
punished— ment of
(a) for a first offence with fine which may extend to 3[five thousand rupees], offences.

(b) for a subsequent offence with fine which may extend to 4[one thousand
rupees].
60. Any offence committed under this Act may be compounded by the Highway Power to
Authority and if any proceedings have been instituted against any person in any compound
offences.
criminal court, then on the terms of the compromise being carried out, the composition
shall be held to amount to an acquittal and in no case shall any further proceedings
be taken against such person or any property of such person with reference to same
facts.
CHAPTER IX
Miscellaneous.
61. Every police officer shall forthwith furnish information to the nearest Powers and
duties of
Highway Authority or the nearest officer subordinate to the Highway Authority of police.
any offence coming to his knowledge which has been committed against this Act
or any rule made under this Act, and shall be bound to assist the Highway Authority
and its officers and servants in the exercise of their lawful authority.
62. Every village headman, village accountant, village watchman or other village Duties of
official by whatever name called, shall forthwith inform the nearest police station village
officials.
or the nearest Highway Authority or any officer duly authorised by the Highway
Authority, whenever he becomes aware that any survey mark or any boundary mark
of any highway or any mark showing the building or control line determined in
respect of a highway has been destroyed, damaged, removed, displaced or otherwise
tampered with, or that any damage to any highway or encroachment on any highway
has been made.
63. The Highway Authority may utilise temporarily for other than road purposes Power to
utilise
land forming part of a highway which is not immediately required for the passage highway for
of traffic, and dispose of the produce of such land. other than
road
purposes.
[63A. The Highway Authority may dispose the land vested in it in the prescribed
5 Power of
Highway
manner.] Authority to
dispose
land.
1 These words were substituted for the words “five hundred rupees” by Mah. 37 of 1999, s. 12(b).
2 These words were substituted for the words “fifty rupees per day” ibid., s. 12(c).
3 These words were substituted for the words “fifty rupees” ibid., s. 13(a).
4 These words were substituted for the words “two hundred rupees” ibid., s. 13(b).
5 Section 63A was inserted by Mah. 28 of 2016, s. 7.
 28 Maharashtra Highways Act [1955 : Bom. LV

Summary
eviction.
64. Any person wrongfully occupying any land,—
(a) which is a part of a highway,
(b) the occupation of which contravenes any of the provisions of this Act and
the said provisions do not provide for the eviction of such person,
shall be summarily evicted by the Collector in the manner provided in the Bombay Bom.
City Land Revenue Act, 1876, or in the Bombay Land Revenue Code, 1879 1[or II of
1876.
in any law relating to land revenue in force in any part of the State], as the case Bom.
may be, on being required to do so by the Highway Authority or any officer V of
authorised in this behalf by the State Government. 1879.

Inquiries to 65. (1) The Highway Authority or the officer authorised by the State Government
be held
summarily.
in this behalf shall, if he desires to make any inquiry for the purposes of this Act,
make the inquiry in the manner provided for holding a summary inquiry under the Bom.
Bombay City Land Revenue Act, 1876, or the Bombay Land Revenue Code, 1879, II of
1876.
2
[or under any law relating to land revenue in force in any part of the State] and Bom.
all the provisions contained in the said Act or Code 3[or law] relating to the holding V of
of a summary inquiry, shall, so far as may be, apply : 1879.
4
[Provided that, wherein any such law, there is no provision for holding inquiry in
a summary manner, such inquiry shall be held in such other manner as is provided
in that law.]
(2) The Highway Authority and an officer authorised by the State Government
or the Highway Authority under this Act shall have the same powers for summoning
and enforcing the attendance of any person and examining him on oath and compelling
Bom.
the production of documents as are vested in the revenue officers under the Bombay II of
City Land Revenue Act, 1876, or the Bombay Land Revenue Code, 1879 5[or under 1876.
Bom.
any law relating to land revenue in force in any part of the State.] V of
1879.

Registration 66. (1) Nothing in the Indian Registration Act, 1908, shall be deemed to require XVI
of map of
made under the registration of any map made under section 8. 1908.
section 8 not
required. (2) All such maps shall, for the purposes of sections 49 and 50 of the Indian XVI
of
Registration Act, 1908, be deemed to have been and to be registered in accordance 1908.
with the provisions of that Act :
Provided that the maps shall be accessible to the public in the manner prescribed.
Certain 67. The Highway Authority, the officers and other persons authorised or appointed
persons to XLV
be public under this Act shall be deemed to be public servants within the meaning of section of
servants. 21 of the Indian Penal Code. 1860.

Bar of 68. No Civil Court shall have jurisdiction to settle, decide or deal with any
jurisdiction.
question which is by or under this Act required to be settled, decided or dealt with
by the Highway Authority, the Collector, an officer or person authorised under this
Act, any Authority under section 35 or section 44 or the State Government.

1 These words were inserted by Mah. 42 of 1965, s. 9.

2 These words were inserted ibid., s. 10(a)(i).
3 These words were inserted ibid., s. 10(a)(i).
4 This proviso was added, ibid., s. 10(a)(ii).
5 These words were added ibid., s. 10(b).
1955 : Bom. LV] Maharashtra Highways Act 29

69. (1) No suit, prosecution or other legal proceedings shall be instituted against Protection
of persons
any public servant or officer or person duly authorised under this Act in respect of acting in
anything in good faith done or intended to be done under this Act, or the rules or good faith
orders made thereunder. and limita-
tion of
(2) No suit or prosecution shall be instituted against any public servant or officer suit or
or person duly authorised under this Act in respect of anything done or intended to prosecution.
be done under this Act, unless the suit or prosecution has been instituted within six
months from the date of the act complained of.
70. (1) Every notice or bill issued or prepared under this Act, may be served Service of
notices and
or presented,— bills.
(a) by delivering or tendering it or sending it by post to the person to whom
it is addressed, or to his agent, or
(b) if such a person or his agent is not found then by leaving it at his usual
or last known place of abode or by delivering or tendering it to some adult male
member of his family or by causing it to be fixed on some conspicuous part of
the building or land, if any, to which it relates.
(2) Where a notice under this Act is required to be served upon an owner or
occupier of a building or land, it shall not be necessary to name the owner or
occupier, and the service thereof may be effected either—
(a) by delivering or tendering the notice or sending it by post to the owner or
occupier or if there be more owners or occupiers than one, to any one of them, or
(b) if no such owner or occupier is found, then by giving or tendering the notice
to an adult male member or servant of his family or by causing the notice to be
fixed on some conspicuous part of the building or land to which the same relates.
(3) Whenever the person to whom a notice or bill is to be served is a minor,
service upon his guardian or upon an adult male member or servant of his family
shall be deemed to be service upon the minor.
†71. (1) The State Government may, by notification in the Official Gazette, and Power to
make rules
subject to the condition of previous publication, make rules to carry out all or any
of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power,
the State Government may make rules for all or any of the following matters :—
(a) the manner in which the notification may be published in the Village and
at the headquarters of the 1[taluka, tahsil or mahal] under sub-section (2) of
section 7 ;
(b) the other places at which copies of map may be open to inspection under
section 8 ;
(c) the form of application and its contents under sub-section (2) of section 9;
2
[(d) other acts and things which may be done by the Land Acquisition Officer
under section 16;
(d-1) the manner in which the amount shall be deposited under section 19C;]
3
[(d-2) the manner of submission of the proposal of Scheme to the Competent Author-
ity under sub-section (4) of section 19F;
† The rules made under the Bombay Highways Act, 1955, as in force in the Bombay area of the
State of Maharashtra are hereby extended to the rest of that State (vide section 2 of Mah. 42
of 1965).
1 These words were substituted for the words “taluka or mahal” by Mah. 42 of 1965, s. 11(a).
2 These clauses were substituted for clause (d) by Mah. 37 of 1999, s. 14.
3 Clauses (d-2) to (d-22) were inserted by Mah. 28 of 2016, s. 8.
H 466-5
30 Maharashtra Highways Act [1955 : Bom. LV

(d-3) the manner and the period for calling objections or suggestions, as well as the
consent, for voluntary participation in the Scheme under sub-section (1) of section 19G;
(d-4) the manner to submit objections or suggestions, as well as the consent, for
voluntary participation in the Scheme to the Competent Authority and the period to
appear before the Competent Authority under sub-section (2) of section 19G;
(d-5) the manner of publication of final notification, delineating the boundaries and
area comprised in the Scheme under sub-section (4) of section 19G;
(d-6) the manner and the period for verification of title of land by the Competent
Authority and the extent of consent under sub-section (1) of section 19H ;
(d- 7) the manner to hold enquiry by the Competent Authority under sub-section (1)
of section 19 I;
(d-8) the manner to prepare the draft layout by the Highway Authority under sub-
section (1) of section 19K ;
(d-9) the manner to publish the draft layout by the Highway Authority under sub-
section (2) of section 19K ;
(d-10) the manner and period to submit objections or suggestions for the draft layout
under sub-section (3) of section 19K;
(d-11) the manner to publish the final layout by the Highway Authority under sub-
section (4) of section 19K;
(d-12) the manner to allot the developed non-agricultural plot or land under sub-
section (2) of section 19M;
(d-13) the period to issue Land Pooling Ownership Certificate under sub-section (1)
of section 19N;
(d-14) the manner to hand over the possession of the land to the Highway Authority
under section 19P ;
(d-15) the manner to implement the Scheme by the Highway Authority under sub-
section (1) of section 19S ;
(d-16) the manner to hand over the possession of developed non-agricultural plot or
land to the Certificate holder under sub-section (3) of section 19S ;
(d-17) the manner and the period to publish notice of the completion of the Scheme
by the Highway Authority under sub-section (1) of section 19T;
(d-18) the manner to publish the details of the allotment of the developed non-
agricultural plot or land by the Highway Authority under sub-section (2) of section 19T;
(d-19) the necessary user charges to be collected by the Highway Authority and the
manner to collect such charges under sub-section (3) of section 19U;
(d-20) the powers and duties of the Highway Authority and the authorised officers
under sub-section (2) of section 19V;
(d-21) the powers and duties of the Competent Authority and the authorised officers
under sub-section (4) of section 19V;
(d-22) the manner of disposal of land by the Highway Authority under section 63A;]
(e) the conditions on which and the amount of rent or charge on payment of
which encroachments may be made on a highway ;
 1955 : Bom. LV] Maharashtra Highways Act 31

(f) the manner in which a reference shall be made under section 35 or 44 ;

(g) fixation of the date on which the betterment charges shall be payable under
section 47 and instalments together with the rate of interest and the period within
which such instalments shall be paid under the proviso to the said section ;
(h) the conditions on which any land may be relinquished or delivered in
exchange in favour of the State Government under section 48 ;
(i) rules subject to which any highway or portion of it may be closed to or
any class of traffic or the number and speed or weight of vehicles using the
highway may be regulated under section 50 ;
(j) rules subject to which plying of vehicles may be prohibited under section 51 ;
1
[(k) the prevention of danger arising from obstruction of view of persons
using highway or from distraction of their attention, and the prevention of
annoyance, danger or injury to the public ;]
(l) the prevention of obstruction, encroachment and nuisances on or near and
of damages to highways ;
(m) the proper maintenance of boundary marks demarcating highway boundaries
and building and control lines ;
(n) the prescription of various forms of applications required to be made and
the forms of notices and bills required to be served on persons, the charges to
be made for the supply of copies of maps, and the rent or other charges to be
imposed or leived under the provisions of this Act ;
(o) the general guidance to the Highway Authority in the discharge of its
functions under this Act ;
(p) regulation or diversions of existing rights of access ;
(q) any other matter which is to be or may be prescribed.
72. (1) Subject to the provisions of this section, nothing in this Act shall affect— Savings.
(a) the rights of any local authority to make any excavation for the purpose
of laying, making, altering, repairing or renewing any sewer, drain, water course
or other work ; or
(b) the rights of any authority appointed under any law for the time being in
force for gas or water, electricity, railways, tramways or trolly vehicles to erect
any support or make any excavation for the purpose of laying, making, altering,
repairing or renewing any main, pipe, sluice, weir, electric line, duct, drain or
other apparatus ; or
(c) any land belonging to a railway administration or belonging to or used by
IX of a person holding a licence or sanction for the generation, transformation or
1910. distribution of electricity under the Indian Electricity Act, 1910, when such land
is held or used by the railway administration or such person, as the case may be,
for the purpose of its railway or for generation, transformation or distribution of
electricity, except in so far as they may consent thereto ; or
(d) any land within the limits of a cantonment or a port declared by or under
any law made by Parliament or existing law to be a major port ;
(e) any land within the jurisdiction of a local authority under the administrative
control of the Central Government :
1 Clause (k) was substituted for the original by Mah. 42 of 1965, s. 11 (b).
 32 Maharashtra Highways Act [1955 : Bom. LV

Provided that—
(i) any restrictions in force under section 9 as to construction, formation or
laying out of means of access to, or from, any road, shall without any such
consent as aforesaid, extend to any such land as is specified in clause (c) in so
far as the restrictions relate to means of access over or under such land to, or
from, land other than land so specified ; and
(ii) any consent required for the purposes of this section shall not be
unreasonably withheld and the question whether or not the consent so required
is unreasonably withheld shall be determined by the State Government and the
decision of the State Government on the question shall be final.
(2) Nothing in this Act shall affect any powers and duties of the telegraph
authority under the provisions of the Indian Telegraph Act, 1885. XIII of
1885.
1
* * * * * * * *

Provisions 73. Save as provided in section 72, the provisions of this Act or rules made
of this Act thereunder in regard to any matter dealt with thereby shall prevail over the provisions
or rules to
prevail over of any other law made by the State Legislature or any law which the State Legislature
inconsistent is competent to make or to amend, in so far as such law is inconsistent with the said
provisions in provisions or rules, and such law to the extent of such inconsistency shall cease to
other laws.
apply or shall not apply to any such matter.
Building and 74. For the avoidance of doubt it is hereby declared that nothing in this Act shall
control lines apply to highways which are or have been declared by or under any law made by
along
national Parliament to be national highway :
highways
2
[and levy Provided that if any highway is declared to be a national highway by or under
of betterment
charges]. any law made by Parliament, it shall be lawful for the State Government to fix
3
* * * * the building and control lines for different portions of
the said highway under section 7 4[or to levy betterment charges under section 42
on lands the value of which has increased by reason of the construction or proposed
construction of such highway ;] and thereafter the provisions of this Act in so far
as they apply to the restrictions on buildings between the highway boundary and
the building line or between the building line and the control line and other
provisions relating to such building and control lines 5[or as the case may be, the
provisions of this Act relating to the levy of betterment charges shall, mutatis
mutandis, apply.]
Repeal and [75. (1) On the commencement of the Bombay Highways (Extension and
6 Mah.
saving. XLII
Amendment) Act, 1965, the Central Provinces and Berar Regulation of Uses of of
Land Act, 1948, shall stand repealed : 1965.
C. P.
and
Berar
Act
XLVII
of
1948.
1 This Explanation was deleted by Mah. 37 of 1999, s. 15.
2 These words were added by Mah. 42 of 1965, s. 13(d).
3 The words “or not to fix” were deleted, ibid., s. 13(a).
4 These words were inserted, ibid., s. 13(b).
5 These words were substituted for the words “shall mutatis mutandis apply”, ibid., s. 13(c).
6 Section 75 was inserted, ibid., s. 14.
 1955 : Bom. LV] Maharashtra Highways Act 33

Provided that anything done or action taken (including any notifications or

licences issued, plans deposited, or restrictions imposed, applications and rules made,
permissions given, or compensation awarded) under the aforesaid Act shall, in so
far as it is not inconsistent with the provisions of this Act, be deemed to have been
done or taken under the corresponding provisions of this Act, and shall contiune in
force accordingly, unless and until superseded by anything done or any action taken
under this Act.

Bom. (2) The mention of particular matters in this section shall not affect the general
I of application to this Act of section 7 of the Bombay General Clauses Act, 1904 (which
1904.
relates to the effect of repeals).]

SCHEDULE
(Deleted by Mah. 24 of 1967, s. 4)
H 466-3927 Bks.Cr. 4*-6.2018

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