Act Info:
THE BOMBAY HIGHWAYS ACT, 19551
[Act No. 55 of 19552]
[22nd December 1955]
PREAMBLE
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 :-
NOTES
Object.- The Bombay Highways Act, 1955 providing for the restriction of ribbon development along highways and for the prevention and removal of encroachment thereon and for the construction, maintenance and development of highways for the levy of betterment charges and for certain other matters was in force in the Bombay area of the State of Maharashtra. The Central Provinces and Berar Regulation of Uses of Land Act, 1948 which provided for regulating the use of land for purposes other than agricultural purposes was in force in the Vidarbha region of the State of Maharashtra. There was no corresponding law in force in the Hyderabad area of the State. It was found necessary to have a uniform law on the subject in the whole of the State. The provisions of the Bombay Act were found suitable and it was therefore, proposed to extend the Bombay Highways Act, 1955, along with the rules made thereunder to the rest of the State and to repeal the Central Provinces and Berar Act Mah. XLII of 1965.-Vide Statement of Objects and Reasons.
Under section 28 of the Bombay Highways Act, 1955, in determining the amount of compensation the matters specified in sections 23 and 24 of the Land Acquisition Act, 1894, as amended by the Schedule to that Act, are to be taken into consideration. It was noticed that the provisions of sections 23 and 24 of the Land Acquisition Act were modified materially with the result that the compensation provisions under the Bombay Highways Act did not equate with the compensation provisions under the Land Acquisition Act, 1894. It was noticed, that the provisions of section 28(2) of the Bombay Highways Act read along with the Schedule to that Act would operate to the disadvantage of the public whose land were acquired or purposes of a highway vis-a-vis the provisions of the Land Acquisition Act, 1894, when lands were acquired for the same purpose under the Land Acquisition Act. This resulted in discrimination and according to the recent trend of decisions of the High Court and the Supreme Court, the provisions of section 28(2) read with the Schedule to that Act were likely to be held to be discriminatory. It was, therefore, considered that the provisions of section 28(2) should be brought in line with those obtaining under the Land Acquisition Act. Similar provision was made in the Maharashtra Industrial Development (Amendment) Act, 1967 (Mah. XI of 1967).-Vide Statement of Objects and Reasons, [Mah. XXIV of 1967].
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1. 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. For Statement of Objects and Reasons, see Bombay Government Gazette, 1954, Part V, page 330.