42. Procedure to be followed when highway authority wishes permanently to close any highway.
(1)Where, in pursuance of clause (3) of Section 7 or in exercise of Section 39, a highway authority desires permanently to close down any highway or part thereof, it shall give notice of its intention so to do in the official gazette, and shall cause further publicity to be given to the notice in the manner prescribed under sub-section (4) of Section 11.(2)The notice shall indicate the alternative route, if any, which is proposed to be provided or which may already he in existence and shall also invite objections any, to the proposal to be submitted within such time as may be specified.(3)The highway authority shall finalise it proposal to close down any highway or part of it after considering the objections, if any, received within the specified time, and shall submit the final proposal to the State Government for approval together with such objections as may have been received against the proposal.(4)The State Government may either approved the proposal, with or without modification, or reject it.(5)When the State Government has approved the proposal, it shall publish its orders in the official gazette.(6)When the orders of the State Government have appeared in the official gazette, the highway authority shall arrange for further publicity to the given to the orders in the manner prescribed under sub-section (4) of Section 11 and the highway or part thereof shall then be closed.(7)When any highway or any part thereof has been so closed reasonable compensation shall be paid to every person who was entitled, otherwise than as mere member of the public, to use such highway or part as a means of access to or from his property and has suffered of such closing.(8)Where an alternative route has been provided or is already in existence amount of compensation payable to any person under sub-section (7) shall in no case exceed the cost of laying a new means of access from his property to such alternative route.(9)Where compensation is payable under sub-section (7), then claimant shall, within 3 months of the closing of the highway or part, make to the State Government his claim for compensation and such claim shall be disposed of in accordance with the provisions of Sections 17 (3) and 18 (1).
