21. Extinction of rights of public in or over any public road, lane or path not required for use of public.
(1)Whenever it appears to the Collector that any public road, lane or path which is the property of the State Government or part thereof (hereinafter in this Section referred to as the Government road), is not required for the use of the public, the Collector may, by a notification published in the Official Gazette, make a declaration to that effect and state in such declaration that it is proposed that the rights of the public in or over such Government road (of which the situation and limits as far as practicable are specified) shall subject to the existing private rights, if any, be extinguished.(2)On the publication of such notification, the Collector shall, as soon as possible, cause public notice of such declaration to be given at convenient place on, or in the vicinity of, such Government road, and shall invite objections to the proposals aforesaid.(3)Any member of the public or any person having any interest or right, in addition to the right of public highway, in or over such Government road, or having any other interest or right which, is likely to be adversely affected by the proposal may, within ninety days after the issue of the notification under sub-section (1), state to the Collector in writing his objections to the proposal, the nature of such interest or right and the manner in which it is likely to be adversely affected, and the amount and particulars of his claim to compensation for such interest or right:Provided that, the Collector may allow any person to make such a statement after a period of ninety days aforesaid if he is satisfied that such person had sufficient cause for not making it within that period.(4)The Collector shall give every person who has made a statement to him an opportunity of being heard either in person or by legal practitioner and shall, after hearing all such persons in such manner and after making such further inquiry, if any, as he thinks necessary, is satisfied that the Government road is not required for the use of the public, make a declaration which shall be published in the Official Gazette, that all rights of the public, in or over such Government road are extinguished, and all such rights shall thereupon be extinguished, and such Government road shall, subject to any existing private rights, be at the disposal of the Government with effect from the date of such declaration. The Collector shall also determine the amount of compensation, if any, which should, in his opinion, be given in any case in respect of any substantial loss or damage likely to be caused by the proposed extinction of the rights of the public as aforesaid. The provisions of Sections 9, 10, 11, 12, 13, 14 and 15 of the Land Acquisition Act, 1894, shall, so far as may be, apply to the proceedings held by the Collector for the determination of the amount of compensation under this sub-section:Provided that, no compensation shall be awarded for the extinction or diminution of the rights of public highway over such Government road.(5)The decision of the Collector under sub-section (4) as respects the extinguishment of the rights of the public on or over Government road and the amount of compensation and the persons to whom such compensation, if any, is payable shall, subject to the decision of the Commissioner in appeal, be final; and payments of compensation shall be made by the Collector to such persons accordingly:Provided that, if payment is not made within six months from the date of the final order, the Collector shall pay the amount awarded with interest thereon at the rate of six per cent per annum from the date of the final order.
