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Section 36

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

(1) References under sections 35 and 44 shall be deemed to be proceedings within the meaning of section 141 of the Code of Civil Procedure, 1908, and in the of trial thereof the authorities empowered to decide such references may exercise all the powers of a civil court under that Code.

(2) The scope of the enquiry in a reference under section 35 or 44 shall be restricted to a consideration of the matters referred to the authorities mentioned in sub-section (1) in accordance with the provisions of this Act.

37. If the Highway Authority or any officer or servant is opposed or impeded in taking possession of any land or in executing any work or in removing any encroachment under this Act, the Highway Authority or officer or servant concerned shall apply in Greater Bombay to the Commissioner of Police, and elsewhere, to the District Superintendent of Police or such Police officer as the State Government may empower in this behalf, and the Commissioner, the District Superintendent or the officer so empowered shall enforce the surrender, removal or execution, as the case may be.

38. The decisions of the authorities empowered to decide references under sections 35 and 44 shall be enforceable as a decree of a civil court.

Where this provision sits

ActThe Gujarat Highways Act. 1955
Section36
JurisdictionState of Gujarat
StatusIn force as published by the source

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