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State of Kerala - Section

Section 7 in Kerala Highway Protection Act, 1999

7. Preparation of scheme for highway development.

(1)The highway authority may, of its own accord, or shall, on the, written request by the competent authority, prepare a detailed scheme for the construction of a new highway or realignment or improvement of, or repairs to, an existing highway or part thereof and submit it to the competent authority for sanction in accordance with the provisions of this Act and the rules made thereunder.
(2)Such scheme may provide for, -
(a)preparation of plans after having a survey made ;
(b)the acquisition of any land ; which in the opinion of the highway authority is considered necessary for its execution ;
(c)the laying out or relaying out of all or any of the lands to be acquired;
(d)the diversion or closure of any existing highway or a part of such highway
(e)the construction or reconstruction of the roadway including its widening, levelling, surfacing, bridging, sewering, draining, water supply and street lighting arrangements, construction of over bridges and underground pedestrian crosses and planting of trees on its sides ;
(f)the laying out of foot-oaths, cycle tracks and special traffic lanes for any kind or class of vehicles, the designing and setting of parking bays and petrol filling and service stations, the location of advertisement post and bill boards, and underground ducts for accommodating telecommunication cables, electric lines, water supply pipes and such other public utilities; and
(g)the lay out of access roads at suitable distance connecting the highway or the proposed highway with the adjoining properties.
(3)When a highway, authority proposes to implement a new scheme or to realign an existing highway or pail thereof, it shall notify the proposal in the Gazette and invite objections or suggestions with respect to the proposal before a date to be specified, in the notification.
(4)The notification shall also be published in two daily newspapers, of which one shall be in the local language, having wide circulation in the locality where the highway is situated, and copies of such notification shall also be prominently displayed at least in two conspicuous places in the locality.
(5)All objections and suggestions, received before the date specified in the notification, shall be considered by the highway authority before finalising its proposal and submitting it to the competent authority.
(6)The highway authority shall, after finalisation of the proposal, submit the same to the competent authority for sanction.
(7)The competent authority may either accord sanction for the proposal, with or without modifications or reject the proposal and shall publish its decision in the Gazette.