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Start Free TrialControl of National Highways (Land and Traffic) Act, 2002 Chapter 3
Title: Prevention of Unauthorised Occupation of Highway Land and their Removal
State: Central
Year: 2002
.....in sub-section (7). (9) The Highway Administration or an officer authorised by such Administration in this behalf shall, for the purposes of this section or section 27, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) issuing commissions for the examination of witnesses; and (d) any other matter which may be prescribed, and any proceeding before such Administration or officer shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860) and the Administration or the officer shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). Section 27 - Recovery of cost of removal of unauthorised occupation and fine imposed (1) Where a Highway Administration or the officer authorised by such Administration in this behalf has.....
View Complete Act List Judgments citing this sectionKarnataka Highways Act, 1964 Chapter VII
Title: Supplemental Provisions to Secure Safety of Traffic and Prevention of Damage to Highways
State: Karnataka
Year: 1964
.....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. Section 50 - Highway Authority to regulate traffic when highway declared unsafe If at any time it appears to the Highway Authority that any highway in its charge or any portion thereof is or has been rendered unsafe for vehicular or pedestrian traffic by reason of damage or otherwise, it may, subject to such rules as may be prescribed in this behalf, either close the highway or the portion of it to all traffic or to any class of traffic, or regulate the number and speed or weight of vehicles using the highway. Section 51 - Prohibition of use of heavy vehicles on certain highways Where the Highway Authority is satisfied that any highway or a portion thereof, or any bridge, culvert or causeway built on or across any highway, is not designed to carry vehicles of which the laden weight exceeds such limit as may be fixed in this behalf, it may, subject to such rules as may be prescribed in this behalf, prohibit or restrict the plying of such vehicles on or over such highway or such part of.....
View Complete Act List Judgments citing this sectionControl of National Highways (Land and Traffic) Act, 2002 Chapter 5
Title: Regulation of Different Types of Traffic on National Highways
State: Central
Year: 2002
.....the provisions contained in section 27 as if such expenses and additional charges were the expenses and additional charges recoverable under that section. Section 37 - Prohibition to leave vehicles or animals in dangerous position (1) No person in charge of, or in possession of, any vehicle or animal shall allow such vehicle or animal to stand or proceed on a Highway unless the same is under such safety control as may be prescribed. (2) Where, in contravention of sub-section (1), any obstruction on the Highway is caused, the vehicle or animal causing such obstruction shall be caused to be towed away by the Highway Administration to remove such obstruction on the Highway and the vehicle or animal so towed away shall be taken into possession by the Highway Administration and shall be handed over to the owner thereof in the manner, by payment to the Highway Administration, the expenses incurred in such removal, as may be prescribed. (3) In case where the expenses in respect of the vehicle or animal taken into possession under sub-section (2) have not been paid in the manner prescribed under that sub-section, the Highway Administration shall sell such vehicle or animal by.....
View Complete Act List Judgments citing this sectionKarnataka Highways Act, 1964 Chapter IV
Title: Prevention of Unauthorised Occupation of and Encroachment on a Highway and Removal of Encroachment
State: Karnataka
Year: 1964
.....made or otherwise it transpires that an encroachment has taken place on a highway, the Highway Authority or the officer authorised 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 its original condition before the encroachment within the period specified in the notice. (2) The notice shall specify the land encroached upon and the time-limit within which such encroachment shall be removed and shall also state that failure to comply within the specified period shall render the person liable to prosecution and also to summary eviction. (3) If the encroachment is not removed within the time limit specified in the notice and no valid cause is shown for non-compliance, the Highway Authority or the authorised officer referred to in sub-section (1) may prosecute such person for his having made or caused the encroachment and for his failure to remove it within the specified time. (4) Where the encroachment is made for the purpose of exposing articles for sale, opening temporary booths for vending or other like purpose of a trivial.....
View Complete Act List Judgments citing this sectionControl of National Highways (Land and Traffic) Act, 2002 Chapter 2
Title: Establishment of Highway Administrations and Tribunals, Etc.
State: Central
Year: 2002
.....authority, except the Tribunal shall have, or be entitled to exercise, any jurisdiction, powers or authority in relation to the matters specified in section 14. Section 16 - Procedure and powers of Tribunal (1) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Tribunal shall have powers to regulate its own procedure including the places at which it shall have its sittings. (2) The appeal filed before the Tribunal under section 14 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within four months from the date of the receipt of the appeal. (3) The Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and.....
View Complete Act List Judgments citing this sectionKarnataka Highways Act, 1964 Complete Act
Title: Karnataka Highways Act, 1964
State: Karnataka
Year: 1964
.....of village officials Section 64 - Power to utilise highway for other than road purposes Section 65 - Summary eviction Section 66 - Inquiries Section 67 - Registration of map made under section 8 not required Section 68 - Certain persons to be public servants Section 69 - Bar of jurisdiction Section 70 - Protection of persons acting in good faith and limitation of suit or prosecution Section 71 - Service of notices and bills Section 72 - Power to make rules Section 73 - Savings Section 74 - Provisions of this Act or rules to prevail over inconsistent provisions in other laws Section 75 - Building and control lines along National Highways Section 76 - Repeal Schedule I - SCHEDULE AmendingActs I - Amendment of section 23 of Act I of 1894 Amending Act II - Amendment of section 24 of Act I of 1894
List Judgments citing this sectionControl of National Highways (Land and Traffic) Act, 2002 Chapter 6
Title: Regulation of Construction on Highway Land for Public Utilities, Drains, Etc.
State: Central
Year: 2002
.....person the expenditure, if any, incurred by the Highway Administration for repairing any damage caused to the Highway by laying or shifting of any structure, article or equipment under the permission. (4) If any person, in contravention of sub-section (1), makes any construction or carries out any other work, the Highway Administration may, at its own expenses, cause such construction or other work to be removed from the Highway and restore the Highway in the condition as it was immediately before giving permission for such construction or other work under sub-section (3) and such expenses together with fifteen per cent, thereof as additional charges and fine imposed by the Highway Administration taking into account the nature of the damages caused by such construction or other work, which shall not be less than five hundred rupees per square metre of land used for such construction or other work, but shall not exceed the cost of such land, shall be recovered from such person in accordance with the provisions contained in section 27 as if such expenses, additional charges and fine were the expenses, additional charges and fine recoverable under that section.
View Complete Act List Judgments citing this sectionControl of National Highways (Land and Traffic) Act, 2002 Section 38
Title: Construction on Highway Land
State: Central
Year: 2002
.....person the expenditure, if any, incurred by the Highway Administration for repairing any damage caused to the Highway by laying or shifting of any structure, article or equipment under the permission. (4) If any person, in contravention of sub-section (1), makes any construction or carries out any other work, the Highway Administration may, at its own expenses, cause such construction or other work to be removed from the Highway and restore the Highway in the condition as it was immediately before giving permission for such construction or other work under sub-section (3) and such expenses together with fifteen per cent, thereof as additional charges and fine imposed by the Highway Administration taking into account the nature of the damages caused by such construction or other work, which shall not be less than five hundred rupees per square metre of land used for such construction or other work, but shall not exceed the cost of such land, shall be recovered from such person in accordance with the provisions contained in section 27 as if such expenses, additional charges and fine were the expenses, additional charges and fine recoverable under that section.
View Complete Act List Judgments citing this sectionKarnataka Highways Act, 1964 Section 9
Title: Restrictions on Buildings Between Highway Boundary and Building Line and Between Building and Control Lines
State: Karnataka
Year: 1964
..... (a) upon any land lying between the highway boundary and the building 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, 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 a manner which in the opinion of 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.....
View Complete Act List Judgments citing this sectionBombay Highways Act, 1955, (Maharashtra) Section 9
Title: Restrictions on Buildings Between Highway Boundary and Building Line and Between Building and Control Lines
State: Maharashtra
Year: 1955
.....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.
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