State of Himachal Pradesh - Act
The Himachal Pradesh Roadside Land Control Act, 1968
HIMACHAL PRADESH
India
India
The Himachal Pradesh Roadside Land Control Act, 1968
Act 21 of 1969
- Published on 13 June 1969
- Commenced on 13 June 1969
- [This is the version of this document from 13 June 1969.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context -3. [ Declaration of scheduled road and controlled area. [For Scheduled roods ond Controlled oreas. see Not appended.]
4. Plank of scheduled roads to be deposited at certain offices.
5. Restriction on buildings etc. in a controlled area.
- Notwithstanding anything contained in any other law for the time being in force, no person shall erect or re-erect any building or make or extend any excavation or lay out means of access to a road in a controlled areaProvided that nothing in this section shall apply to -6. Application for permission to build etc. and grant or refusal of such permission.
7. Right of appeal.
8. Compensation.
9. Amount of compensation how determined.
10. Saving for other enactments.
- Nothing in this Act shall affect the power of the Government or any other authority to acquire land or to impose restrictions upon the use and development of land comprised in the controlled area under any other enactment for the time being in force, or to permit the settlement of a claim arising out of the exercise of powers under this Act by mutual agreement.11. Prohibition of use of any land as a brickfield etc without licence.
12. Offences and-penalties.
13. Offences by companies.
14. Composition of offences.
15. Trial of offences and special provision regarding fine.
16. Bar to legal proceedings.
17. Savings.
- Nothing in this Act shall apply to,-18. [Power to make rules. [The Rules framed vide Not No 9-91/69-PWD dated the 14th August, not (Appended).]
19. Bar of jurisdiction of civil courts.
- No civil courts shall have any jurisdiction to entertain or decide any question relating to matters falling under this act or the rules made thereunder.20. Repeal and savings.
- The United Provinces Roadside Land Control Act, 1945, (10 of 1945) as applicable to the areas comprised in Himachal Pradesh immediately before 1st November, 1966 and the Punjab Scheduled Roads and Controlled Areas Restrictions or Unregulated Development Act, 1963, (41 of 1963) as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966, (31 of 1966), are hereby repealed:Provided that any thing done or any action taken or any proceedings commenced or continued under the said Acts shall be deemed to have been done, taken or continued under the corresponding provision of this Act.NotificationsThe Himachal Pradesh Road Side Laud Control Act, 1968Appointments And DelegationsPublic Works DepartmentNotificationsShimla-2, the 16th January, 1970No. 9-91/69-P.W.D. - In exercise of the powers conferred under clause (3) of section 2 of the Himachal Pradesh Roadside Land Control Act, 1968 (No. 21 of 1969), the Lieutenant Governor, Himachal Pradesh is pleased to appoint the Land Acquisition Officers, Himachal Pradesh Public Works Department to perform all the functions of the Collector within their respective jurisdiction under the said Act.(R.H.P. dated the 31st January, 1970, pages 153).Government of Himachal PradeshPublic Works DepartmentNo 9-91/69-PWD. Dated Shimla-2, 29th May, 1974NotificationsIn exercise of the powers conferred under clause (3) of Section 2 of the H.P. Road side Land Control Act, 1968 (No 21 of 1969), the Governor. Himachal Pradesh is pleased to appoint All Sub-Divisional Magistrate (Civil) Revenue Assistants and General Assistants in Himachal Pradesh to perform all the functions of the collector within their jurisdiction under the said Act, in addition to their normal dutiesBy Order(Gangesh Misra)Secretary (PWD) to theGovernment of Himachal PradeshDeclaration of Scheduled Roads and Controlled AreasPublic Works DepartmentShimla-2. the 19th July 1971No 9-91/69 PW D - The Governor, Himachal Pradesh, having fully satisfied the provisions of section 3 of the Himachal Pradesh Roadside Land Control Act 1968 (Act No 21 of 1969), hereby declare the roads mentioned m the schedule annexed to this Notification as "Scheduled Roads" and further notify the width of the land from the edge of the road land on either side of these scheduled roads as "Controlled Area" for the purposes of sub son on (1) of section 3 of the Act as under:-| 1. | National Highways | ] | Up to a horizontal distance of 5 metres from theedge of the road land on either side |
| 2. | State Highways | ||
| 3. | Other Roads | Up to a horizontal distance of four metres from the edge ofthe road land on either side | |
| 4. | Roads Junctions | Up to a horizontal distance of five metres from the edge ofthe rood land on either side and up to length of 50 metres on allroads meeting at the junctions |