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Bombay Presidency - Act

The Bombay Highways Rules, 1958

BOMBAY PRESIDENCY
India

The Bombay Highways Rules, 1958

Rule THE-BOMBAY-HIGHWAYS-RULES-1958 of 1958

Published on 25 March 1958
Commenced on 25 March 1958
[This is the version of this document from 25 March 1958.]
[Note: The original publication document is not available and this content could not be verified.]

The Bombay Highways Rules, 1958Published vide Notification G. N., P. W. D., No. BHA. 2457-C, dated 25th March, 1958 (B. G., Part 4-B, page 579)In exercise of the powers conferred by section 71 of the Bombay Highways Act, 1955 (Bombay LV of 1955), the Government of Bombay hereby makes the following Rules, namely :-

1. Short title.

- These Rules may be called the Bombay Highways Rules, 1958.

2. Manner of publication of the notification under section 7(2).

(1)Immediately after publication of the notification under sub-section (2) of section 7, the Highway Authority shall display or cause to be displayed for a period of two months copies of the notification on the notice-boards at the following places

(i)office of the Highway Authority,

(ii)

(a)village chawdi and if there be no village chawdi, village school or other public place suitable for the purpose, and

(b)office of the Gram Panchayat, if any, in each of the villages within the revenue limits of which the lands between the highway boundaries and the control lines proposed to be fixes (in this rule referred to as the lands in question) lie,

(iii)office of the Mamlatdar or Mahalkari of each of the talukas or mahals in which the lands in question lie,

(iv)office of each of the Public Works Department sub-divisions incharge, of the highway in respect of which the highway boundaries, the building lines and the control lines are proposed to be fixed,

(v)office of the District Local Board of the district in which the lands in question lie,

(vi)office of the Municipality or a Municipal Corporation, if any of the lands lie within its jurisdiction.

(2)The Highway Authority shall send a copy of the notification to the Police Patil of each of the villages within the revenue limits of which the lands in question lie, and the Police Patil shall give publicity to it in the village by beat of drums.

3. Places where copies of map to be kept under section 8.

(1)The Highway Authority shall arrange to keep for inspection a copy of the map referred to in section 8 at the following places besides its own office,-

(i)office of the Gram Panchayat, if any, in each of the villages within, the revenue limits of which the lands between the highway boundaries and control lines marked on the map are situate,

(ii)office of the Mamlatdar or Mahalkari of each of the talukas a mahals in which the lands between the highway boundaries and the control lines marked on the map are situate,

(iii)office of each of the Public Works Department sub-divisions incharge of the highway marked on the map,

(iv)office of the District Local Board of the district in which the highway marked on the map is situate,

(v)office of the Municipality or Municipal Corporation, if any of the lands between the highway boundaries and the control lines marked on the map are situate within its jurisdiction.

(2)The Highway Authority shall inform the Police Patils of the villages concerned that copies of the map have been kept for inspection at the places specified in sub-rule (1) and the Police Patils thereupon shall give publicity to this information by beat of drums within their respective villages.

4. Form of application for permission under section 9.

- An application for permission falling under clause (a) or clause (b) of sub-section (1) of section 9 shall be made in Form A in Schedule I and for permission falling under clause (c) of that sub-section shall be made in Form A-1 in Schedule I.

5. Manner of publication of the notification under section 15.

(1)Immediately after publication of a notification under section 115, the Highway Authority shall display or cause to be displayed, for a period of two months, copies of the notification on the notice-boards at the following places :-

(i)office of the Highway Authority,

(ii)

(a)village chawdi and if there be no village chawdi, village school or other public place suitable for the purpose, and

(b)office of the Gram Panchayat, if any, in each of the villages within the revenue limits of which the land or any right or interest in any land to be acquired or extinguished (in this rule referred lo as the land in question) lies,

(iii)office of the Mamlatdar or Mahalkari of each of the talukas or mahals in which the land in question lies,

(iv)office of each of the Public Works Department sub-division in charge of the highway in respect of which the land in question lies,

(v)office of the District Local Board of the district in which the land in question lies,

(vi)office of the municipality or municipal corporation if any of the land in question lies within its jurisdiction.

(2)The Highway Authority shall send a copy of the notification to the Police Patil of each of the villages within the revenue limits of which the lands in question lie, and Police Patil shall give publicity to it in the village by beat of drums.

6. Form of application for permission under section 21 to occupy highway land.

- An application for permission to occupy or encroach upon highway land within the highway boundaries under sub-section (1) of section 21 shall be made to the Highway Authority in Form B in Schedule I.

7. Conditions on which permission to be granted under section 21 to occupy highway land.

(1)Permission to occupy or encroach any highway within the highway boundaries shall be granted subject to the following conditions :-

(i)The structure to be erected or work to be carried out shall be so executed as not to interfere with traffic on the highway or the highway drainage.

(ii)The structure shall be erected in conformity with the plan approved by the Highway Authority and shall not be altered or extended without the prior written permission of the Highway Authority. It shall not be used for any purpose other than the one for which permission is granted.

(iii)The structure shall be constructed and maintained to the satisfaction of the Highway Authority.

(iv)No tress on the highway land shall be removed, cut or damaged or highway accessories or materials removed or damaged without the prior written permission of the Highway Authority and payment of compensation therefor, as determined by the Highway Authority.

(v)The applicant shall be solely liable for any loss or injury sustained by any person as a result oi any carelessness, negligence or misconduct of any of his employees in the erection, setting up, repair or use of the structure on or overhanging the highway land.

(vi)The applicant shall pay rent for the occupation of or encroachment on a way within the highway boundaries at the rates fixed under rule 8.

(vii)The applicant shall be liable to pay all taxes, rates or assessments payable to Government or any local authority in respect of the highway land occupied or structure constructed or projected thereon.

(viii)The applicant shall deposit by way of security with the Highway Authority such amount as may be fixed by the Highway Authority which will be liable to forfeiture in case of default in the payment of rent and other charges payable to Government or contravention of any of the conditions subject to which permission is granted.

(ix)On the expiry of the period for which permission is granted, the land shall be vacated and restored to its original condition and handed over to the Highway Authority.

(x)The permission shall not be transferred to any other person without the prior written permission of Highway Authority.

8. Rent to be charged for occupation of highway land.

- The Highway Authority shall charge rent for occupation of or encroachment on a highway within the highway boundaries permitted under section 21 at the rates prescribed in Schedule II.

9. Manner of reference under section 35 by the Highway Authority or the authorized officer.

(1)In making the reference under section 35, the Highway Authority or the officer authorized making the award under section 28 shall state for the information of the Court in writing under his hand,-

(a)full particulars of the property or right or interest therein and the nature of damage, if any, thereto in respect of which compensation is awarded,

(b)the names of the persons whom he has to think interested in such compensation.

(2)To the said statement shall be attached,-

(a)a copy of the award,

(b)a copy of the application requiring the reference to be made under section 35, and

(c)a schedule giving particulars of the notices served upon and of the statements in writing made or delivered by the parties interested respectively.

10. Form of application under section 44 for reference against order fixing betterment charges.

- An application under sub-section (2) of section 44 for a reference against an order fixing the betterment charges under section 42 shall be made in Form C in Schedule I.

11. Manner of reference under section 44 by the officer authorized.

(1)In making the reference the officer making the order under section 42 shall state for the information of the Court in writing under his hand,-

(a)the situation and extent or the land with particulars of buildings, if any, thereon,

(b)the names of the persons whom he has reason to think interested in such land and buildings.

(2)To the said statement shall be attached,-

(a)a copy of the order fixing betterment charges,

(b)a copy of the application requiring the reference to be made under section 44.

(c)a Schedule giving the particulars of the notices served upon and of the statement in writing made or delivered by the parties interested respectively.

(d)a copy of the plans showing the nature and location of the highway work concerned in relation to the lands assessed to betterment levy.

12. Date on which betterment charges shall be payable under section 47.

- The betterment charges shall be payable within ninety days from the date of the communication of the order made under section 42 or the date of the decision of the Court under section 44, as the case may be.

13. Payment of betterment charges by instalments under proviso to section 47.

(1)If the owner of land desires to pay the amount of betterment charges by annual instalments as provided in section 47. he shall make an application to that effect in writing to the officer making the under section 42 within one month from the date of the communication of the order made under section 42 or the date of the decision of the Court order under section 44, as the case may be. The owner shall state in the application the number of instalments in which he desires to pay the charges. Such number shall not exceed ten.

(2)Interest at the rate of 5 per cent, per annum shall be charged on the amount of betterment charges in respect of any land.

(3)The instalments shall be so fixed as secure the full payment of whole amount of betterment charges together with interest as far as possible within the period specified by the owner in his application but in no case shall such period exceed ten years from the date on which such charges become leviable.

(4)On receipt of an application under sub-rule (1) the officer authorised shall fix the amount of each annual instalment including the interest charges to be paid by the owner, the number of such instalments and the date on which each instalment shall be paid by the owner.

(5)The owner of the land shall thereon execute an agreement as required by the proviso to section 47. Such agreement shall be in Form D in Schedule I.

14. Relinquishment or exchange of land under section 48.

(1)If the owner of land desires to relinquish the whole or any part of the land or to deliver it in exchange in favour of the State Government under section 48, he shall make an application to that effect in writing to the authorized officer within one month from the date on which betterment charges become leviable in respect of such land.

(2)The owner of the land shall state in the application -

(a)full particulars of the land and the amount of betterment charges fixed thereon.

(b)the area of the land proposed to be relinquished or given in exchange and the value thereof according to the owner.

(c)particulars of the encumbrances, if any, on the land.

He shall attach a sketch showing the exact location of the land proposed to be relinquished or given in exchange.

(3)The authorised officer on receipt of the application shall assess the value of the land proposed to be relinquished or exchanged and shall forward the application along with his recommendations to the State Government, which may pass such orders thereon as it may deem fit under section 48.

15. Prohibition or regulation of traffic when highway considered unsafe under section 50.

- Whenever the Highway Authority closes a highway or portion thereof or regulates the number or speed or weight of vehicles using the highway under section 50 it shall -

(i)publish a notification in the Official Gazette, and also in at least one newspaper circulating in the locality, giving particulars of the restrictions imposed,

(ii)put up notice-boards at suitable places along the highway, giving particulars of the restrictions imposed,

(iii)in cases of closure of the highway or portion thereof to all or any class of traffic, put up barriers, as may be necessary, at suitable places with arrangements for display of red light at night.

16. Prohibition or restriction of the use of heavy vehicles under section 51.

- Whenever the Highway Authority prohibits or restricts the plying of heavy vehicles under section 51 it shall -

(i)publish a notification in the Official Gazette, and also in at least one news paper circulating in the locality, giving particulars of the restrictions imposed,

(ii)put up notice-boards at suitable places along the highway, giving particulars of the restrictions imposed.

I

Form A(See rule 4)Form of application for permission under section 9(3) for purposes specified in section 9(1)(b) of the Bombay Highways Act, 1955

1. Name of applicant (in full) ..............

2. Age ...........

3. Address (in full) .............

4. Interest of the applicant in the property to which the application relates. (A certified copy from the Record of Rights or Property Register should be attached).

5. Purpose for which permission is sought (give full details).

6. * Particulars of land on which the work is to be carried out -

(a)Survey No.(b)Hissa No. Pot Hissa No.(c)Total area of the plot in possession of the applicant.(d)Area of the land to be used out of (c) above for the work.* Notes. - (1) A rough sketch showing all the particulars against items 6 and 7 of the form and the distance between the site of the work and the highway boundary should accompany the application.

(2)Applications pertaining to construction, reconstruction, extension of or material alterations to buildings should be accompanied by a detailed plan of the structure existing old or proposed as the case may be, and the proposed additions and alterations, if any, duly certified by an architect.

7. * Name of the highway along which the property is situated, with mile number and furlong number.

8. Whether permission of the Collector or the local authority concerned is obtained for the work. If not, state the reasons why such permission not obtained. If obtained, attach the same (in original).

9. (a) Whether application made previously to the highway authority for the purpose stated above.

(b)If so, state the date of such application.

(c)Number and date of the communication, if any, from the highway authority in respect of such application.

10. Any other relevant particulars or information.

The above particulars and information are true and correct to the best of my knowledge and belief.Date :Place :Signature of applicant.Form A-1(See rule 4)Form of application for permission under section 9(3) for purposes specified in section 9(1)(c) of the Bombay Highway Act, 1955

1. Name of the applicant (in full)

2. Age

3. Address (in full)

4. Whether owner or tenant of the building to which the application relates. If the latter, whether permission of the owner for the change of use is obtained.

5. Purpose/s for which the building is used at present.

6. Purpose/s for which the building is proposed to be used.

7. Whether the proposed change of use of the building involves any additions or alterations to the structure. If so, give particulars.

8. Whether the present/proposed use of the building attracts/will attract a large number of vehicles or crowd of people in front of the building If so, give a rough estimate and state what arrangement exist/are proposed to accommodate these.

9. Particulars of the land on which the building is situated-

(a)Survey No.

(b)Hissa No.

(c)Pot Hissa No.

(d)Total area of the plot in possession of the applicant.

(e)Area of built-up property in possession of the applicant.

(f)Area of built-up property after additions and alterations, if any, are proposed.

10. Name of the highway along which the building is situated, with mile number and furlong number.

11. Whether permission of the local authority or other Government agency concerned for the use/change of the use of building is obtained. If not, state the reasons why such permission not obtained. If obtained, attach the same (in original).

12. (a) Whether application was made previously to the highway authority for the same or any similar purpose.

(b)If so, state the date of such application,

(c)Number and date of the communication, if any, from the highway authority in respect of such application.

13. Any other relevant particulars or information.

The above particulars and information are true and correct to the best of my knowledge and belief.Date :Place :Signature of applicantNote. - A sketch showing all the particulars in respect of items 7, 9 and 10 of the form should accompany the application.Form B(See rule 6)Form of application for grant of permission under section 21 of the Bombay Highways Act, 1955, for temporary occupation or encroachment on highway (within highway boundaries)

1. Name of the applicant (in full).

2. Address of the applicant (in full).

3. Purpose for which permission is required.

4. Name of the highway and exact location of the highway land to be occupied (mention mile number and furlong number and attach a sketch).

5. Area of highway land to be occupied.

6. If structure of any sort on or overhanging highway land is to be erected, give particulars thereof and attach a suitable sketch.

7. Period for and the date from which permission is required.

8. Whether similar application made previously; if so, the date of such application.

9. Whether permission was granted or refused.

I am prepared to pay necessary rent for the occupation of the highway land, I am also willing to abide by all the conditions that may be stipulated by you and to make necessary security deposit for their proper observance.Date :Signature or thumb impression of the applicant.Form C(See rule 10)Form of application under section 44 of the Bombay Highways Act, 1955, for reference to Court against order made under section 42, fixing betterment charges

1. Name of the applicant (in full)

2. Occupation

3. Age

4. Address

5. Number and date of order under section 42 of the Act :

5.

-A. Date on which the order was communicated to the applicant :

6. Particulars of land to which the reference relates :

Survey No. Hissa No.Village TalukaDistrict

7. Grounds on which objection is taken to the fixation of betterment charges

Date :Signature of the applicant or his duly authorised agent.Form D[See rule 13(5)]Agreement to be entered into under the proviso to section 47This Agreement made at .................... the ............... day of ........... one thousand nine hundred and fifty .................... between The Governor of Bombay (hereinafter referred to as "the Government" which expression shall unless excluded by or repugnant to the context include his successors in office and assigns) of the one part and ..................... inhabitant of ................... (hereinafter referred to as "the owner" which expression shall unless excluded by or repugnant to the context include his heirs, executors and administrators) of the other part.Whereas the owner is possessed of and otherwise sufficiently entitled free from encumbrances to the price of land situated at ............... more particularly described in the Schedule hereto appended (hereinafter referred to as "the said land").And Whereas it has been held by the order/the decision of the Authorised Officer, Principal Judge, City Civil Court, Bombay, made under section 42/section 44 of the Civil Judge, Bombay Highway Act, 1955, that betterment charges amounting to Rs. are leviable on the said land.And Whereas the owner desires to pay the said amount of betterment of charges by annual instalments in the manner provided under the Bombay Highways Rules, 1958, and has for the purpose agreed to enter into an agreement with the Government as required by the proviso to section 47 of the said Act.Now this agreement witnesseth as follows :-

(1)The owner shall pay to the Government the said betterment charges of Rupees ........................... with interest thereon at the rate of 5 per cent, per annum within a period of.....................years from this date by .............................. equal yearly instalments of Rs... each for principal, the first of such instalments to be paid on the ............... day of ................. one thousand nine hundred and fifty............................and the subsequent instalments to be paid on the.................day of..........., of each subsequent year and that the owner shall in the meantime, and so long as any part of the principal sum of Rupees ............. shall remain owing, pay interest to the Government at the rate of 5 per cent, per annum on all moneys whatsoever for the time being due and owing under these presents by yearly payments the first of which payments shall be made on the day of 19 ............ and subsequent yearly payments shall be made on the day of ............ each subsequent year until the whole sum of Rupees ................ is paid off :Provided always that if any such interests sum remain unpaid for one month after the date on which the same ought to be paid then, and in every such case the interest so in arrears shall at the expiry of each month be capitalised, and be added to the principal sum hereby secured and for the time being owing hereunder and shall thenceforth bear interest payable at the rate on the days aforesaid and all the rules of law and equity in relation to interest shall equally apply to interest on such arrears :Provided further that the last preceding proviso shall not permit the owner to allow any interest to fall into arrears.

(2)All sums due and payable by the owner under these presents shall, subject to the prior payment of land revenue, be a first charge on the land, in respect of which such betterment charges are leviable as provided in section 46 of the Bombay Highways Act, 1955.

(3)The owner shall bear the stamp duty payable in respect of this agreement.In witness whereof the ................. of ...................... has for and on behalf of the Governor of Bombay set his hand and seal and ........................... the abovenamed owner has set his hand hereto the day and year first above written.

Schedule 2

Particulars of landSigned, sealed and delivered by -Shri ofin the presence of -(1) (2)Signed and delivered byShriin the presence of -(1) (2)

II

(See rule 8)Table showing the rents to be charged for temporary occupation of highway land

Purpose for which highway land occupied		Rent to be charged
1.	A temporary encroachment in front of a building owned by theapplicant or for a temporary structure over-hanging a highway.		An annual sum not exceeding 2 ½ per cent, of the marketvalue of the land encroached upon or below the temporarystructure subject to a minimum of Rs. 6 in municipal areas andRs. 3 in other areas.
2.	Putting up temporary awnings, tents, pandals, scaffoldings orother similar erections.		A daily sum not exceeding Re. 1 per 100 square feet of landoccupied in municipal areas and Re. 0.50 per 100 square feet inother areas.
3.	Temporary stalls.		An annual sum not exceeding 10 per cent, of the full marketvalue of the land occupied, subject to a minimum of Rs. 12 inmunicipal areas and Rs. 6 in other areas.
4.	Depositing building materials, goods for sale or otherarticles.		A daily sum not exceeding Re. 1 per 100 square feet of landoccupied in municipal areas and Re. 0.50 per 100 square feet inother areas.
5.	Making temporary excavations.		Nil.

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Bombay Presidency - Act