Section 3 in The Himachal Pradesh Roadside Land Control Act, 1968
3. [ Declaration of scheduled road and controlled area. [For Scheduled roods ond Controlled oreas. see Not appended.]
(1)The Government may, by notification, in the Official Gazette declare any length or the whole of any road to be a "schedule road" and the area upto a horizontal distance of five metres as prescribed from the edge of the road-land on either of such scheduled road to be a "controlled area"](2)Not less than three months before making a declaration under sub-section (1), the Government shall cause to be published in the Official Gazette and in at least two newspapers printed in a language other than English, a notification stating that it proposes to make such a declaration and specifying broadly the boundaries of the land in respect of which the declaration is proposed to be made and copies of every such notification or of the substance thereof shall be published by the Collector in such manner as he thinks fit at his office and at such other places as he considers necessary within the said boundaries.(3)Any person interested in any land included within the boundaries mentioned in sub-section (1), may, at any time before the expiration of 60 days from the last date on which a copy of such notification is published by the Collector, object to the making of the declaration or to the inclusion of his land or any part of it within the said boundaries.(4)Every objection under sub-section (3) shall be made to the Collector in writing, and Collector shall give to every person so objecting an opportunity of being heard either in person or through a legal practitioner, and shall, after all such objections hove been heard and after such further enquiry, if any, as he thinks necessary, forward to the Government the record of the proceedings held by him together with a report setting forth his recommendations on the objections.(5)If, before the expiration of the time allowed by sub-section (3) for the filing of objections, no objection, has been made, the Government may proceed at once to the making of a declaration under sub-section (1) If any such objection have been made, the Government shall consider the record and the report referred to in sub-section (4) and may either. -(a)abandon the proposal to make a declaration under sub-sect on (1), or(b)make such a declaration in respect of either the whole or part of the land included within the boundaries specified in the notification under sub-section (2).(6)For the purposes of sub-section (3), a person shall be deemed to be interested in land if he is a "person interested" as defined in clause (b) of section 3 of the Land Acquisition Act, 1894, (1 of 18 94), for the purposes of that Act or where the land is occupied by or for the purposes of a place of worship, tomb, cenotaph graveyard, grave or marghat if he is a member of the faith to which such building pertains.(7)A declaration made under sub-section (1) shall, unless and until it is withdrawn, be conclusive evidence of the fact that the road to which it relates is a scheduled road and the area to which it relates is a,controlled area.
