(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 layout 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 layout 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 later the use of any building already erected in a 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.
(a) grant the permission, subject to such conditions, if any, as may be specified in the order, or
(b) refuse to grant such permission;
(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 a manner and at such levels that the construction, maintenance, development or improvement of road thereover will not be prevented or prejudicially affected thereby;
(ii) permission under clause (b) of sub-section (1) to the erection or alteration 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 the alteration involves any material alteration to the outside appearance of the building.
(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.
Section 9 • The Goa, Daman and Diu Highways Act, 1974
9. Restrictions on buildings between highway boundary find building line and between building and control lines.
the-goa-daman-and-diu-highways-act-1974-1974-sec-9.json
•
Section 9
{
"act_title": "The Goa, Daman and Diu Highways Act, 1974",
"act_slug": "the-goa-daman-and-diu-highways-act-1974-1974",
"section_label": "Section",
"section": {
"number": "9",
"title": "9. Restrictions on buildings between highway boundary find building line and between building and control lines.",
"chapter": null,
"content": "(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,\n(i) construct, form or layout any means of access to, or from a highway, or\n(ii) erect any building, or\n(iii) materially alter any existing building, or\n(iv) make or extend any excavation, or\n(v) construct, form or lay out any works; or\n(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,\n(i) construct, form or layout any means of access to, or from a highway, or\n(ii) erect any building, or\n(iii) materially alter any existing building;\n(c) use any building or later the use of any building already erected in a 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.\n(a) grant the permission, subject to such conditions, if any, as may be specified in the order, or\n(b) refuse to grant such permission;\n(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 a manner and at such levels that the construction, maintenance, development or improvement of road thereover will not be prevented or prejudicially affected thereby;\n(ii) permission under clause (b) of sub-section (1) to the erection or alteration 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 :\nProvided 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;\n(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 the alteration involves any material alteration to the outside appearance of the building.\n(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\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
"prev_section": "8",
"next_section": "10"
}