14. Restriction on buildings between highway boundary and building line and between building line and control line.
(1)No permission for diversions of agricultural land for non-agricultural purposes shall be given in the area of land lying between the highway boundary and control lines without the prior sanction of the Collector of the district and subject to any general or special directions of the State Government.(2)Notwithstanding anything contained in any law, custom, agreement or instrument for the time being in force, on or after the appointed day, the following restrictions shall, subject to the provisions of this Act, be in force, that is to say no person shall, without the previous permission in writing of the Highway Authority-(a)upon any land lying between the highway boundary and the building line, proposed to be fixed under sub-section (2) or fixed under sub-section (1) of Section 12, as the case may be,-(i)construct, form or layout any means of access to or from highway; or(ii)materially alter any existing building; or(iii)make or extend any excavations; or(iv)construct, form or layout any work, however, construction of any building shall not be permitted upon such land;(b)upon any land lying between the building line and the control line proposed to be fixed under sub-section (2) or fixed under sub-section (1) of Section 12, as the case may be,(i)construct, form or layout any means of access to or from a highway; or(ii)erect any building; or(iii)materially alter any existing building; or(iv)made or extend any excavation; or(v)construct form or layout any work;(c)alter the use of any building already erected, in a manner, which will infringe any of the provisions of this Act or interfere with the use of a highway adjoining the land on which such building is erected.(3)Every person desiring to obtain permission under sub-section (2) shall make an application in writing to the Highway Authority in such form and containing such information as may be prescribed in respect of building, alteration, excavation works or means of access, as the case may be, to which the application relates.(4)On receipt of the application, the Highway Authority, after making such further enquiry as it may consider necessary, shall, by order in writing, either,-(a)grant the permission subject to such conditions, if any, as may be specified in the order; or(b)refuse to grant such permission :Provided that-(i)the permission under clause (a) of sub-section (1) to the making of any excavation or construction, formation or laying out of works in land for the purpose of repairing, renewing, enlarging or maintaining any underground sewer, drain, electric line, pipe, duct or other apparatus, shall not be withheld nor be made subject to any conditions as may be necessary for securing that such sewer, drain, electric line, pipe, duct or other apparatus shall be laid in such manner and at such levels that the construction, development or maintenance of a road thereover will not be prevented or prejudicially affected thereby;(ii)the permission under clause (c) of sub-section (1) to the erection, re-erection or alteration of a building or the making or extending of any excavation which confirm to the requirements of safety and convenience of traffic on the adjoining road, shall be neither withheld nor made subject to unreasonable conditions;(iii)the permission for following works shall not be required-(a)agriculture,(b)horticulture,(c)pisciculture,(d)pasture,(e)poultry farming,(f)dairy farming,(g)construction of wells, tube wells and bore wells.(5)When the Highway Authority refuses permission, the reasons thereof shall be recorded and communicated to the applicant :Provided that nothing therein contained shall debar a person from making a fresh application after omitting therefrom the objectionable features communicated to him as aforesaid on account of which such permission was refused.(6)Whenever an application for permission under the proviso to sub-section (5) been made to the Highway Authority, it shall be obligatory for the Highway Authority to dispose of the same within a period of three months.(7)The Highway Authority shall maintain a register with sufficient particulars of all permissions given or refused by it under this section and such register shall be available for inspection free of charge by all persons interested and such persons shall be entitled to take extracts therefrom.Explanation. - For the purpose of this section, "the appointed day" shall, with reference to any highway boundary, building line or control line, mean-(i)the day on which the notification is published in official Gazette under sub-section (2) of Section 12 proposing to fix such highway boundary, building line or control line; and(ii)if any modification is made in proposed highway boundary, building line or control line; the day on which the notification is published under sub-section (1) of Section 12 fixing such highway boundary, building line or control line.
