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State of West Bengal - Section

Section 12 in The West Bengal Highways Act, 1964

12. Restriction on the use of land adjoining a highway for the prevention of obstruction of view.

(1)If any person, owning land adjoining a highway near a bend or a corner thereof, intends to construct a building or structure thereon, he shall make an application to the Highway Authority, in such form and with such particulars as may be prescribed, for approval, authorising such construction.
(2)If the Highway Authority is satisfied that such construction will not obstruct the view of persons using the highway, he shall give such approval.
(3)If the Highway Authority refuses to give such approval, he shall communicate the order of refusal to the applicant.
(4)The applicant may, within thirty days from the date on which such order of refusal is communicated to him, appeal to the State Government.
(5)The State Government may, after giving an opportunity to the applicant to be heard, dismiss the appeal, or allow it and give such approval.
(6)If the appeal is dismissed the State Government may, of its own motion or at the request of the owner, acquire the land or any part thereof in accordance with any law for the time being in force for the purposes of the highway.
(7)The State Government may authorise an officer, not below the rank of an Additional District Judge or an Additional District Magistrate, to hear and dispose of an appeal referred to in sub-section (4).