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State of Kerala - Section

Section 5 in Kerala Highway (control of access and restriction on use of land) Rules, 2000

5. Permission for altering the level of land adjacent to a highway.

(1)Any person desirous of altering the level by lowering, raising, digging or filling up of any land owned by him or in his possession and lying between the boundary of any highway and control line thereof shall apply in writing in the Form No. III to the highway authority under whose jurisdiction the said highway falls, together with a non-refundable fee Rs. 250/- (Rupees two hundred and fifty only)
(2)The application shall be accompanied by (i) a dimensioned plan of the land, the level of which is proposed to be altered, drawn to a scale of 1 in 100, showing (a) the location of the land with respect to the highway, (b) boundary of the highway (c) building line fixed for the highway (d) existing level of the land at 3.0 m or lesser intervals both longitudinally and transversely (along and across the land), (e) proposed levels at the respective points and (f) levels of adjacent highway land at its boundary and middle of the highway, (ii) a minimum of three representative cross sections (at no greater interval than 10 m) of the land and the highway at equal intervals drawn to a scale of 1 in 50 showing clearly (a) the existing level and proposed level of the land and (b) existing level of the highway land to their full widths.
(3)On receipt of the application the highway authority shall arrange for an inspection of the details furnished in the application. The highway authority after satisfying as to the correctness of the details issue a permission in writing to the applicant within two months from the date of submission of the application for the alteration of the level of land, subject to any conditions prescribed under sub-rule (7).
(4)If the highway authority is not satisfied with the accuracy of the details furnished in the application or if the conditions given hereunder are not satisfied the authority may refuse to grant the permission in writing stating the reasons thereof.
(5)The highway authority shall keep a register in Form No. V of all such permissions granted or refused.
(6)Any interested person can obtain an attested extract of the relevant portion of the register on payment of a fee of Rs. 25/- per each page required.
(7)Conditions for granting permission, -
(a)The highest level of land proposed in the alteration shall be at least 50 cm lower than the lowest level of the highway land adjoining the land level of which is to be altered.
(b)The alteration shall not disturb, divert, choke or interfere with the flow in any natural watercourse along, across, leading to or away from the highway land.
(8)The above rules except clause (b) of sub-rule (7) shall not be applicable for digging or deepening of wells or ponds in the land adjacent to the highway land.Form No. I[See rule 3(2)]Check List for Approaches
Division :
Sub Division :
Section :
1. Name and Location of highway :
2. Name and address of the applicant applying forpermission :
3. Nature of permission required :
4. Amount of fee remitted :
5. Details of Approaches :
6. Details of drain proposed :
7. Existing land width :
8. Distance of approach drain from centre line ofcarriageway :
9. Whether 5 copies of the plan (including costsections) have been submitted :
For Office use
10. Whether the permission may be granted or not :
(a) If yes, modification if any, upon which condition permissionis accorded :
(b) If not reasons for refusal :
Form No. II[See rule 4 (9)]Register for permission for approaches
No Name and address of applicants Date of receipt of application Name and location of highway Date of disposal Nature of disposal Remarks
(1) (2) (3) (4) (5) (6) (7)
             
Form No. III[See rule 5 (1)]Form of application for altering the level of land adjoining a highway
1. Name of applicant :
2. Address of applicant :
3. Details of land, level of which is to be altered :
  (a) Area :
  (b) Survey No., Village and Taluk :
  (c) Maximum height / depth of land from the adjoining highway :
  (d) Name and location of the adjoining highway :
  (e) Height of filling/depth of cutting proposed :
  (f) Maximum height/depth from the adjoining highway after theproposed alteration. :
4. (a) Whether there is a natural water coursewithin the land :
  (b) whether there is a drain along or across thehighway adjacent to the land :
  (c) whether there is any channel leading to orfrom the to the highway in or near the land. :
5. If the answer to 4 (a), (b) or (c) is yes,whether the proposed alteration will block, choke up, alter thecourse, restrict or divert the flow of water in the water course,drain or leading channel. :
6. Amount of fee remitted :
DeclarationI ...............................hereby declare that the details furnished above are true to the best of my knowledge and belief.Signature of applicantForm No. IV[See rule 5 (5)]Register of permission for altering level of land adjacent to a highway
Sl No Name and address of applicant Date of receipt of application Name and location of highway Sy. No. of the land, Name of Village Date of disposal Nature of disposal Remarks
               
Explanatory Note(This does not form part of the Notification, but is intended to indicate its general purpose).Section 36 of the Kerala Highway Protection Act, 1999, empowers the Government to make rules providing the standards or that have be followed in granting permission for access to highways. The Government intend to provide rules for the highway boundary and building line and other related matters.This notification is intended to achieve the above object.