Section 29 in Sikkim Forests, Water Courses and Road Reserve (Preservation and Protection) Act, 1988
29. River banks, slip reserve, road reserve, etc.
- For the purpose of this Chapter river banks in relation to rivers enumerated in the Schedule means and includes an area of sixty meters on either side of such river or area within high flood level mark, whichever is less.(2)Slip reserve means and includes,(i)all lands which are denuded or are in the process of denudation declared as slip reserve before the commencement of this Act; and(ii)all denuded areas which are denuded or are in the process of denudation and required to be conserved or preserved for stabilization that may be notified as slip reserve by the Government.(3)No notification referred to in clause (ii) of sub-section (2) shall be made unless the nature and extent of the right of the Government and of the private persons in or over such land is inquired into and recorded in the record of right and such record shall be presumed to be correct until proved otherwise;Provided that in the case of any slip area, if the Government thinks that such enquiry and record are necessary but that the completion thereof will occupy such length of time as may endanger the life of the community due to occurrence of slips, the Government may, pending such enquiry and record, declare such area to be a slip reserve, but so, however, that the existing rights of individuals or communities are affected as little as possible.(4)Road Reserve in relation to a National Highway means such portion of land lying within such distance from centre on either side of such Highway as may be prescribed.(5)Road Reserve in relation to a Highway other than a National Highway means such portion of the land lying within such distance from the centre on either side of such Highway as may be prescribed.(6)The road reserve referred to in sub-sections (4) and (5) shall be under the administrative control of Forest Department as if it were a forest constituted under this Act.(7)Any encroachment into the road reserve by any person shall be deemed to be an un-authorised occupation and such person shall be evicted in accordance with the provisions contained in the Sikkim Public Premises (Eviction of Un-authorised Occupants and Rent Recovery) Act, 1980 (9 of 1980).(8)All old abandoned roads with their road reserve which has been abandoned as a result of construction of new roads shall be the property of the Government.
