8. Restriction on buildings between highway boundary and building line and between building line and control line.
(1)Not withstanding 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 6, as the case may be.-(i)construct, form or lay out any means of access to or from highway, or(ii)erect any building, or(iii)materially alter any existing building, or(iv)make or extend any excavation, or(v)construct, form or lay out any works, or(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 6. as the case may be.-(i)construct, form or lay out any means of access to or from a highway, or(ii)erect any building, or(iii)materially alter any existing building, or(iv)make or extend any excavation, or a highway. or(c)use any building or alter the use of any building already erected in a manner. which will, in any manner whatsoever, 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.(2)Every person desiring to obtain such permission under sub-section (1) shall make an application in writing to the Highway Authority in such form and containing such information as may be prescribed in respect of the building, alteration, excavation works or means of access, as the case may be, to which the application relates.(3)On receipt of such application, the Highway Authority, after making such further enquiries 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:(i)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 save such 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)permission under clause (b) of sub-section (1) to the erection or alteration of a building or the making or extending of any excavation which conform to the requirements of public health, welfare and safety and convenience of traffic on the adjoining road shall be neither withheld nor made subject to unreasonable conditions;(iii)permission under clause (b) of sub-section (1) to the re-erection or alteration of a building which was in existence before the appointed day, shall be neither withheld nor made subject to restrictions unless such re-erection or alteration involves any material alteration to the outside appearance of the building.(4)When the Highway. Authority refuse permission . the reasons therefore 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.(5)If, at the expiration of the period of three months after an application for such permission specifying the name and address of the applicant has been made to the Highway Authority or after such further period not exceeding three months, as may have been notified by the Highway Authority, has elapsed and no decision has been notified in writing, posted or delivered to the applicant at that address then (except as may otherwise be agreed in writing between the Highway Authority and the applicant permission shall be deemed to have been given without the imposition by the Highway Authority of any conditions.(6)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 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 the Official Gazette under sub-section (2) of section 6 proposing to fix such highway boundary. building line or control line :and(ii)If any, modification is made in such highway boundary building line or control line, the day on which the notification is published under sub-section (1) of section 6 fixing such highway boundary, building line or control line.
