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Section 13

The Gujarat Highways Act. 1955State Act of Gujarat · Act 55 of 1955

(1) The Highway Authority may, if it is considered essential in the interests of safety or convenience of traffic,, regulate or divert any existing right of access to a highway across land lying between the control line and the highway boundary :

Provided that the existing right of access shall not be diverted until alternative access has been given.

(2) Where the existing right of access is diverted, the point at which alternative access is given to the highway shall not be unreasonably distant from the existing point of access.

(3) The-Highway Authority shall, by notification in the Official. Gazelle, publish the date on which the existing right of access has been diverted and alternative access has been given.

Appeal.

Exemptions for words in progress, etc.

Setting back of buildings to building line or control line.

14. For the purpose of carrying out any of the provisions of this Act, the Highway Authority and the officers and servants appointed under section 6 may-

(a) enter upon, survey and take measurements and levels of any land ;

(b) mark such levels, dig or bore into the subsoil of any land;

(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 ;

(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 ;

(e) give consecutive numbers to such boundary stones or marks and maintain them on the ground as if they constituted part of the highway ;

(f) lay out the building and control lines by placing marks in different colours and cutting trenches ;

(g) if the survey cannot otherwise be made, or measurements or levels taken or boundaries marked and lines laid out, cut down and clear away any standing crop, tree, fence or jungle or any part thereof;

(h) do all other acts necessary in that behalf:

Provided that the Highway Authority shall not, except with the consent of the occupier thereof, enter or permit any of the officers or servants to enter any premises without previously giving such occupier at least forty-eight hours‟ notice in writing of its intention to do so.

15. If at any time on the application of the Highway Authority, the State Government is satisfied that any land required for the purposes of a highway or any right or interest of any person in any land required for the said purposes should be compulsorily acquired or extinguished, as the case may be, it shall be lawful for the State Government to publish a notification to that effect in the Official Gazette. Such notification shall also be published in such other manner as may be prescribed. A notification so published shall be deemed to be a declaration that the land is needed, or as the case may be, the right or interest is required to be extinguished for the purpose of the highway ; and such declaration shall be conclusive that the land is so needed, or the right or interest is so required to be extinguished.

16. The Highway Authority or any officer or servant authorised by the Highway Authority shall thereupon cause the land to be marked out. It shall also cause it to be measured and if no plan is made thereof, a plan to be made of the same.

Where this provision sits

ActThe Gujarat Highways Act. 1955
Section13
JurisdictionState of Gujarat
StatusIn force as published by the source

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