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State of Chattisgarh - Section

Section 12 in Chhattisgarh State Rajmarg Adhiniyam, 2003

12. Power to fix highway boundaries, building line and control line of highways.

(1)In any area in which the provisions of this Act have been brought into force and-
(a)where any roadway or land has been declared to be a highway under this Act; or
(b)where the construction or development of a highway is undertaken; the State Government, by notification in the Official Gazette, fix in respects to such highways the highway boundaries, the building line and the control line :
Provided that having regard to the situation as the requirement of a highway or the condition of the local area through which a highway passes, it shall be lawful for the State Government,-
(i)to fix different building line or control line;
(ii)not to fix building line or control line;
in respect of any highway or portion thereof.
(2)Not less than sixty days before issuing a notification under subsection (1), the State Government shall cause to be published in the Official Gamete, and in the prescribed manner in the village and at the headquarters of the tehsil and the district in which the highway is situated, a notification which shall state the following-
(a)intention to issue notification under sub-section (1);
(b)the details of all the land situated between the highway boundary & the building line and between the building line and the control line and the control line proposed to be fixed;
(c)invitation of objection or suggestion in writing to Highway Authority appeared in person before such authority in respect of such of notification within a period of one month of the publication of the notification in the Official Gazette or within fifteen days from the date of the publication of the notification in the village, whichever period expires later.
(3)The Highway Authority shall, after all such objections or suggestions have been considered or heard, as the case may be, and after such further enquiry, if any, as it may think necessary, forward to the State Government a copy of the record at the proceedings held by it together with a report setting forth its recommendations on the objections or suggestions.
(4)If, before the expiration of the time allowed by sub-section (2) for the filling or hearing of objections or suggestions, no objection or suggestion has been made, the State Government shall proceed to issue the notification under sub-section (1).If any such objection or suggestion has been made, the State Government shall, consider the record and the report referred to in sub-section (3) and may either,-
(a)abandon the proposal to issue a notification under sub-section (1), or
(b)issue the notification under sub-section (1) with such modification, if any, as it may think fit.
(5)In considering the objections or suggestion, the decision of the State Government on the question of issuing the notification under, sub-section (1) shall be final and conclusive.