{ "id": 16318, "slug": "the-goa-daman-and-diu-highways-act-1974-1974", "title": "The Goa, Daman and Diu Highways Act, 1974", "short_title": "The Goa, Daman and Diu Highways Act, 1974", "act_number": "Act No. 10 of 1974", "act_year": 1974, "act_type": "STATE", "location": "Goa", "law_status": "unknown", "enactment_date": "1974-06-21", "description": "The Goa, Daman and Diu Highways Act, 1974", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title, extent and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(a) \"animal\" means any domestic or captive animal;\n(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:\n(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;\n(d) \"control line\" means a line on either side of a 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;\n(e) \"encroachment\" means any unauthorised occupation of any highway or part thereof, and includes an unauthorised -\n(i) erection of a building or any other structure, balconies, porches, projections, on or over or overhanging the highway;\n(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, awnings, tents, pandals, hoardings and other similar erections or for parking vehicles or stabling animals or for any other purpose, and\n(iii) excavation or dumps of any sort made or extended on any highway or underneath such highway; (f) \"to erect\" with its grammatical variations in relation to a building means to construct, reconstruct, extend or alter structurally a building; (g) \"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; (h) \"Government\" means the Administrator of the Union Territory of Goa, Daman and Diu appointed under article 239 of the Constitution; (i) \"highway\" means any road or way over which the public have a right of way or are granted access and which is declared to be a highway under section 3 and for the purposes of this Act and 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, tunnels, causeways, carriageways and other structures, constructed on or across such road or way; and (iv) all trees, fences, posts, boundary, furlong and mile stones, and other highway accessories and materials stacked on the road or way or any land appertement to such highway; (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; (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 halfway between the highway boundaries, (n) \"occupier\" includes :- (i) 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; (ii) an owner living in or otherwise using his premises; (iii) a rent-free tenant; (iv) a licensee in occupation of any premises; and (v) any person who is liable to pay to the owner damages for the use and occupation of any premises; (o) \"Official Gazette\" means the Goa, Daman and Diu Government Gazette. (p) \"owner\" means,- (1) when used with reference to any premises, the person who receives the rent if 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 manage appointed by any court of competent jurisdiction; and (iv) a mortgagee-in-possession.\n(iii) excavation or dumps of any sort made or extended on any highway or underneath such highway;\n(f) \"to erect\" with its grammatical variations in relation to a building means to construct, reconstruct, extend or alter structurally a building;\n(g) \"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;\n(h) \"Government\" means the Administrator of the Union Territory of Goa, Daman and Diu appointed under article 239 of the Constitution;\n(i) \"highway\" means any road or way over which the public have a right of way or are granted access and which is declared to be a highway under section 3 and for the purposes of this Act and includes -\n(i) any land acquired or demarcated with a view to construct a highway along it;\n(ii) the slopes, berms, borrow-pits, foot-paths, pavements, and side, catch and boundary drains attached to such road or way;\n(iii) all bridges, culverts, tunnels, causeways, carriageways and other structures, constructed on or across such road or way; and\n(iv) all trees, fences, posts, boundary, furlong and mile stones, and other highway accessories and materials stacked on the road or way or any land appertement to such highway;\n(j) \"Highway Authority\" means the authority appointed as such or to which the functions of such authority are entrusted under section 4;\n(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;\n(l) \"means of access\" includes any means of access, whether private or public, for vehicles or for foot passengers and includes any street;\n(m) \"middle of highway\" means the point halfway between the highway boundaries,\n(n) \"occupier\" includes :-\n(i) 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;\n(ii) an owner living in or otherwise using his premises;\n(iii) a rent-free tenant;\n(iv) a licensee in occupation of any premises; and\n(v) any person who is liable to pay to the owner damages for the use and occupation of any premises;\n(o) \"Official Gazette\" means the Goa, Daman and Diu Government Gazette.\n(p) \"owner\" means,-\n(1) when used with reference to any premises, the person who receives the rent if the said premises or who would be entitled to receive the rent thereof if the premises were let and includes-\n(i) an agent or trustee who receives such rent on account of the owner;\n(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;\n(iii) a receiver, sequestrator or manage appointed by any court of competent jurisdiction; and\n(iv) a mortgagee-in-possession.\n(2) when used with reference to an institution or body corporate, the manager of such institution or body corporate.\n(q) \"prescribed\" means prescribed by rules made under this Act;\n(r) \"railway administration\" has the same meaning as in the Indian Railways Act, 1890; Central Act, 9 of 1890\n(s) \"vehicle\" includes a barrow, sledge, plough, drag and a wheeled conveyance of any description capable of being used on a highway;\n(t) the expressions \"land\", \"persons interested\" and \"person entitled to act\" used in this Act shall have the same meanings as the said expressions have in the Land Acquisition Act, 1894. Central Act, 1 of 1894\nChapter II\nDeclaration of Highways, Highway Authorities and their Powers and Functions", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Declaration of roads, ways or lands as highways.", "chapter": null, "content": "(i) a State Highway,\n(ii) a major district road,\n(iii) other district road, or\n(iv) a village road.", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Appointment of Highway Authorities.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Powers and duties of Highway Authorities.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Officers and servants of Highway Authority.", "chapter": null, "content": "Chapter III\nRestriction of Ribbon Development", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Powers to fix boundary building and control lines of highways.", "chapter": null, "content": "(i) where either any road, way or land has been declared to be a highway under section 3, or the construction or development of a highway is undertaken or proposed to be undertaken, and\n(ii) the Government considers it necessary to fix, as respects such highway, the highway boundary, the building line or control line the Government may, by notification in the Official Gazette, fix, as respects such highway, the highway boundary, the building line and the control line:\n(a) abandon the proposal to issue the notification under sub-section (1), or\n(b) issue the notification under sub-section (1) with such modification, if any, as it thinks fit.", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Map to be prepared and maintained.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "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 }, { "number": "10", "title": "10. Appeal.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Exemption for works in progress, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Setting back of buildings to building line or control line.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Regulation or diversion of right of access to highway.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "6", "title": "14. Powers of Highway Authority and officers and servants appointed under section 6 in respect of surveys.", "chapter": null, "content": "(a) enter upon, survey and take measurements and levels of any land;\n(b) mark such levels, dig or bore into the sub soil of any land;\n(c) demarcate the boundaries of the highway by planting stones or other suitable marks in different colours of a durable nature at intervals all along the highway in such a manner that the imaginary line joining such stones or marks shows the road boundary correctly;\n(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;\n(e) give consecutive numbers to such boundary stones or marks and maintain them on the ground as if they constituted part of the highway;\n(f) lay out the building and control lines by placing marks in different colours and cutting trenches;\n(g) if the survey cannot otherwise be made, or measurements of levels taken or boundaries marked and lines laid out, cut down and clear away any standing crops, trees, fence or jungle or any part thereof;\n(h) do all other acts necessary in that behalf;", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "15", "title": "15. Acquisition of land or right or interest in land.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "16", "title": "16. Land required to be marked and measured.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "17", "title": "17. Public Notice and other notices of such requirements for acquisition.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "18", "title": "18. Persons required to make statements regarding other persons having interest.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "19", "title": "19. Taking possession of land.", "chapter": null, "content": "Chapter IV\nPrevention of unauthorised occupation of and encroachment on a Highway and removal of encroachment", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "20. Lands forming part of the highway deemed to be Government property.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "21", "title": "21. Prevention of unauthorised occupation of Highway.", "chapter": null, "content": "(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\n(ii) to put up a temporary awning or tent, pandal or other similar erection or a temporary stall or scaffolding on any highway, or\n(iii) to deposit or cause to be deposited building materials, goods for sale or other articles on any highway, or\n(iv) to make temporary excavation for carrying out any repairs or improvements to adjoining buildings;", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "22", "title": "22. Power to cancel permit.", "chapter": null, "content": "(a) if any rent or charge is not duly paid.\n(b) if the purpose for which the permission was given has ceased to exist.\n(c) in the event of any breach by the holder of such permission or any terms or conditions of such permission.\n(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.", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "23. Prevention of encroachment.", "chapter": null, "content": "(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\n(ii) have the encroachment removed with the help of the police, if necessary.", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "23", "title": "24. Appeal against notice served under sub-section (1) of section 23.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "25", "title": "25. Recovery of cost of removal of encroachment.", "chapter": null, "content": "Chapter V\nCompensation", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "26", "title": "26. Doing minimum damage in certain cases and compensation.", "chapter": null, "content": "(a) the imposition of restrictions under section 9;\n(b) the setting back of any building or part thereof under section 12;\n(c) the regulation or diversion of any right of access to a highway under section 13;\n(d) the entry, survey, measurement and doing of any of the acts on any land under section 14;\n(e) the acquisition of any land or the extinguishment of any right or interest in the land under section 15;\n(f) the closure of any highway or part thereof under section 52.", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "27", "title": "27. Determination of amount of compensation by agreement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "28", "title": "28. Determination of amount of compensation in default of agreement.", "chapter": null, "content": "(a) the true area of the land, if any, acquired,\n(b) the amount of compensation to be paid under section 26,\n(c) the apportionment, if any, of such compensation among all persons known or believed to be entitled thereto :", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "29", "title": "29. No compensation if similar restrictions in force under any other law or if compensation already received.", "chapter": null, "content": "(i) if and in so far as the land is subject to substantially similar restrictions in force under some other law which was in force on the date on which restrictions were imposed by this Act;\n(ii) if compensation in respect of the same restrictions imposed under this Act or substantially similar restrictions in force under any other law has already been paid in respect of the land to the claimant or to any predecessor in interest of the claimant.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "30", "title": "30. Compensation for refusal of permission to build not exceed difference between its value when it was refused and when it would have been granted.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "31", "title": "31. Compensation for diversion of access not to exceed cost alternative access.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "32", "title": "32. Compensation for cutting of standing crops, trees etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "33", "title": "33. No compensation for unauthorised erections.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "34", "title": "34. No compensation for removal of encroachment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "28", "title": "35. Reference against award of Highway Authority or authorised officer under section 28.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "36", "title": "36. Procedure and powers of the authorities empowered to decide references under sections 35 and 44.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "37", "title": "37. Superintendent of Police to enforce surrender or remove any encroachment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "38", "title": "38. Decisions of authorities under sections 35 and 44 to be enforced as decrees of civil court.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "39", "title": "39. Payment of compensation awarded.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "40", "title": "40. Adjustment of payment.", "chapter": null, "content": "Chapter VI\nLevy of Betterment Charges", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "41", "title": "41. Notice to owners and persons interested.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "42", "title": "42. Inquiry and order.", "chapter": null, "content": "(a) the lands benefited by the construction of the work.\n(b) the increase in the value of such lands by the proposed construction;\n(c) the amount of the betterment charges leviable on each of the said lands;\n(d) the date from which such betterment charges shall be leviable :\n(a) which is unsuitable for development as a building site, or\n(b) which is situate beyond a distance of two hundred metres from the middle of the highway on either side.", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "43", "title": "43. Increase in value and betterment charges.", "chapter": null, "content": "(a) the date of commencement of the construction of any work.\n(b) the date of completion of such work.", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "42", "title": "44. Reference against order of authorised officer under section 42.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "45", "title": "45. Finality of order fixing betterment charges and of decision on reference.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "46", "title": "46. Betterment charges to be first charge on land next to land revenue.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "47", "title": "47. Payment of betterment charges.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "48", "title": "48. Relinquishment of an exchange or land in lieu of payment of betterment charges.", "chapter": null, "content": "Chapter VII\nSupplemental provisions to secure safety of traffic and prevention of danger to Highways", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "49", "title": "49. Prevention of danger arising from obstruction of view etc., of persons using any highway.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "50", "title": "50. Highway Authority to regulate traffic when highway declared unsafe.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "51", "title": "51. Prohibition of use of heavy vehicles on certain highways.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "52", "title": "52. Procedure to be followed when Highway Authority desires permanently to close any highway.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "53", "title": "53. Consent of Highway Authority required to do certain acts on highway.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "54", "title": "54. Prevention and rectification of damaged highway.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "54A", "title": "54A. Power of Government to levy fees for services or benefits rendered on highways, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "54B", "title": "54B. Power of Government to levy fees for use of roads, etc.", "chapter": null, "content": "Chapter VIII\nPenalties", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "55", "title": "55. Disobedience of orders, instructions, and refusal to give information, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "56", "title": "56. Contravention of restrictions relating to access or erecting a building, etc.", "chapter": null, "content": "(a) with fine which may extend to five hundred rupees, and\n(b) with further fine which may extend to one hundred 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 conditions.", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "57", "title": "57. Unauthorised occupation of highway.", "chapter": null, "content": "(a) occupies or makes any encroachment on any highway in contravention of the provisions of sub-section (1) of section 21, or\n(b) fails to comply with the notice served on him under sub-section (1) of section 23 for no valid reason-\n(a) for a first offence with fine which may extend to two hundred and fifty rupees.\n(b) for a subsequent offence in relation to the same encroachment with fine which may extend to five hundred rupees plus a further fine not exceeding fifty rupees par day on which such occupation of the highway or encroachment continues.", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "58", "title": "58. Causing damage to highways.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "59", "title": "59. General provision for punishment of offences.", "chapter": null, "content": "(a) for a first offence with fine which may extend to fifty rupees,\n(b) for a subsequent offence with fine which may extend to two hundred rupees.", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "60", "title": "60. Power to compound offences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "61", "title": "61. Powers of revision of Government.", "chapter": null, "content": "Chapter IX\nMiscellaneous", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "62", "title": "62. Powers and duties of police.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "63", "title": "63. Duties of village officials.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "64", "title": "64. Power to utilise highway for other than road purposes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "65", "title": "65. Summary eviction.", "chapter": null, "content": "(a) which is a part of a highway, and\n(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.\n(i) by serving a notice on the person or persons in possession requiring them within such time as may appear reasonable after receipt of the said notice to vacate the land, and\n(ii) if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same; and\n(iii) if the Officer removing and such person shall be resisted or obstructed by any person, the Collector shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction still continues, may, without prejudice to any proceedings to which such person may be triable under any law for the time being in force for the punishment of such resistance or obstruction, issue a warrant for the arrest of the said person, and on his appearance send him with a warrant for imprisonment in the civil jail of the district for such period not exceeding thirty days, as may be necessary to prevent the continuance of such obstruction or resistance.", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "66", "title": "66. Inquiries to be held summarily.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "8", "title": "67. Registration of map made under section 8 not required.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "68", "title": "68. Certain persons to be public servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "69", "title": "69. Bar of Jurisdiction.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "70", "title": "70. Protection of persons acting in good faith and limitation of suit or prosecution.", "chapter": null, "content": "71. services of notices and bills.\n(a) by delivering or tendering it or sending it by post to the person to whom it is addressed, or his agent, or\n(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.\n(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 of them, or\n(b) if no such owner or occupier is found, then by giving or tendering the notice to any 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.", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "72", "title": "72. Power to make rules.", "chapter": null, "content": "(a) the manner in which the notification may be published in the village and at the headquarters of the taluka, tahsil or mahal under sub-section (2) of section 7;\n(b) the other places at which copies of the map may be open to inspection under section 8;\n(c) the form of application and its contents under sub-section (2) of section 9;\n(d) the other manner of publishing the notification under section 15;\n(e) the conditions on which and the amount of rent or charge on payment of which encroachments may by made on a Highway;\n(f) the manner in which a reference shall be made under section 35 or 44;\n(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;\n(h) the conditions on which any land may be relinquished or delivered in exchange in favour of the Government under section 48;\n(i) conditions subject to which any highway or portion of it may be closed to traffic or any class of traffic or the number and speed or weight of vehicles using the highway may be regulated under section 50;\n(j) conditions subject to which playing of vehicles may be prohibited under section 51;\n(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;\n(l) the prevention of obstruction, encroachment and nuisances on or near and of damages to highways;\n(m) the proper maintenance of boundary marks demarcating highway boundaries and building and control lines;\n(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 levied under the provisions of this Act;\n(o) the general guidance of the Highway Authority in the discharge of its functions under this Act;\n(p) regulation or diversion of existing rights of access;\n(q) any other matter which is to be or may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "73", "title": "73. Savings.", "chapter": null, "content": "(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 works; or\n(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 purposes of laying, making altering, repairing or renewing any main pipe, sluice, weir, electric line, duct, drain or other apparatus; or\n(c) any land belonging to a railway administration or belonging to or used by a person holding a licence or sanction for the generation, transformation or distribution of electricity under the Indian Electricity Act, 1910, (Central Act 9 of 1910) when such land is held or used by the railway administration or such person, as the case may be, for the purpose of the railway or for generation, transformation of distribution of electricity, except in so far as they may consent thereto; or\n(d) any land within the limit of a cantonment or a port declared by or under any law made by Parliament or existing law to be a major port;\n(e) any land within the jurisdiction of a local authority under the administrative control of the Central Government.\n(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 it specified in clause (c) in so fur as the restrictions relate to means of access over or under such land to, or from, land other than land so specified; and\n(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 Government whose decision on the question shall be final.", "footnote": "", "is_definition": false, "sort_order": 73 }, { "number": "74", "title": "74. Provisions of this Act or rules to prevail over inconsistent provisions in other laws.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 74 }, { "number": "75", "title": "75. Buildings and control lines along National Highways and levy of betterment of charges.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 75 } ], "metadata": { "Act ID": "goa297", "Act Number": "Act No. 10 of 1974", "Enactment Date": "21st June, 1974", "Act Year": "1974", "Short Title": "The Goa, Daman and Diu Highways Act, 1974", "Type": "STATE", "Location": "Goa" }, "updated_at": "2026-09-29 21:55:19" }