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(9) highway means any public thoroughfare, whether a road, street,
lane, bridlepath or a foot-track, whether surfaced or unsurfaced,
whether on land owned by Government or a local authority or
on land belonging to a private person over which the public have, or
have acquired, a right of way by usage, and includes :
(a) the slope, berm, borrow-pits, foot-paths, pavements and side drains of any
such thoroughfare,
(b) all bridges, culverts, causeways, carriageways or other road structures,
built on or across such thoroughfares, and
(c) the trees, fences, posts and other highway accessories and materials and
material stacks on the thoroughfare or on land attached to the thorough-
fare.
(10) highway authority’ means :
(a)
for highways maintained by the State Government,
the Department of the Government responsible for their
maintenance, or any other authority specially appointed by the State
Government in this behalf,
(b)
for highways maintained by a local authority, the local authority
or such other authority as may be appointed by the State
Government in this behalf, and
(c)
for highways not included in clauses (a) and (b), the authority
appointed as the highway authority under Section 3 or, if no
such appointment has been made, the State Government itself.
(b) mark such levels, dig or bore into the sub-soil and do all other acts
necessary to ascertain whether the !and is suitable,
(c) set out the boundaries of the proposed highway by placing marks and
cutting trenches, and
(d) where otherwise survey cannot be completed and the levels taken and the
boundaries marked, cut down and clear any part of a standing crop, fence
or jungle.
Provided that no person shall enter into any building or any enclosed court or
garden attached to a dwelling-house (unless with the consent of the occupier
thereof) without previously giving such occupier at least 48 hours’ notice in
writing of his intention to do so.
(2) The highway authority or the authorised official shall, at the time of such entry,
pay or tender payment for all necessary (damage to be done as aforesaid, and
in case of dispute as to the sufficiency of the amount so paid or tendered, shall
at once refer the dispute to the decision of the Collector or other Chief Revenue
Officer of the district, and such decision shall be final.
Preparation of schemes for highway development
6. (1) The highway authority may, of its own accord, or if expressly requested by the
competent authority shall, subject to the other provisions of this Act and subject
to such rules as may be framed by the State Government for this purpose,
prepare and submit to the competent authority for sanction, a detailed scheme
for the construction of a new highway or the improvement of or repairs to an
existing one.
(2) Such a scheme may provide for:
(a) the acquisition of any land which in the opinion of the highway authority is
considered necessary for its execution,
(b) the laying out or relaying out of all or any of the lands so acquired,
(c) the diversion or closure of any existing highway or a section of such
highway,
(d) the construction or reconstruction of the roadway including its widening,
levelling, surfacing, bridging, sewering, draining, water supply and street
lighting arrangements and planting of roadside trees,
(e) the laying of foot-paths, cycle tracks and special traffic lanes for any kind or
class of vehicles, the designing and siting of parking bays and petrol filling
and service stations, the location of advertisement posts and bill boards, and
(f) the lay-out of access roads at suitable distances connecting the highway or
the proposed highway with the adjoining properties.
(3)
The amount, if any, payable by the proprietor under sub-section (3)
of Section 25 may be set off against the compensation payable to
him under sub-section (1).
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PART III
Control of land development in areas adjacent
to highways and levy of betterment tax
CHAPTER VII
CONTROL OF ROADSIDE LANDS
Appointment of Planning Boards for control of development in areas adjoining
highways
27. (1) The State Government shall, by notification in the official gazette, appoint
a Planning Board (hereinafter referred to as the Board) for the control of
township development in the State in areas adjoining highways outside the
territorial jurisdiction of Municipalities, City Corporations, City Improvement
Trusts or like Bodies not being District Boards.
Provided that the State Government may, if it considers a single Board to be
inadequate for handling the work in the whole State, appoint more than one
such Board, each for a specified region in the State.
(2) The State Government may, at any time by notification in the official gazette,
add to or reduce the area of jurisdiction of a Board.
(3)
A Board, so appointed, shall be a body corporate and have perpet-ual
succession and a common seal and shall sue and be sued by its own name.
Constitution of the Planning Board and transaction of business by it
28. (1) A Board shall consist of such number of members, official or non-official,
not being less than three, as the State Government may from time to time
determine by notification in the official gazette.
(2) One of the members of the Board shall he a Highway engineer, a second a
Town Planner with knowledge of architecture, and a third with experience in
land valuation.
(3) The Board shall meet and transact business in accordance with such rules as
may be prescribed by the State Government in this behalf.
(4)
Such rules shall also provide for the appointment of a chairman
from among the technical members of the Board, the payment of
Power to erect traffic signs
71. (1)
The State Government or any authority authorised in this behalf by the
State Govt. may cause or Permit traffic signs to be placed or erected
in any public place for the purpose of bringing to public notice any
prohibitions or restrictions imposed under Section 70, or generally
for the purpose of regulating traffic other than motor vehicle traffic.
(2)Traffic signs erected under sub-section (1) for any purpose for which
provision is made in the First Schedule shall have the meanings set forth
in the First Schedule, but the authority empowered in this be-half by the
State Government may make or authorise the addition to any sign set forth
in the said Schedule of transcriptions of the words letters or figures thereon
in the... script provided that the transcriptions shall be of similar size
and colour to the words, letters or figures set forth in the First Schedule.
(3) Except as provided by sub-section (1) no traffic sign shall, after
the commencement of this Act, be placed or erected on or near any
highway; but all traffic signs erected prior to the commencement of