42. Procedure to be followed when highway authority wishes permanently to close any highway.
(1)Where, in pursuance of sub-section (c) of Section 7 or in exercise of Section 39, a highway authority desires permanently to close down any highway or part thereof,it shall give notice of its intention so to do in the Official Gazette, and shall cause further publicity to be given to the notice in the manner prescribed under sub-section (4) of Section 11.(2)The notice shall indicate the alternative route, if any, which is proposed to be provided or which may already be in existence, and shall also invite objection, if any, to the proposal to the submitted within such time as may be specified.(3)The highway authority shall finalise its proposal to close down by highway or part of it after considering the objections, if any, received within the specified time, and shall submit the final proposal to the State Government for approval together with such objections, as any have been received against the proposal.(4)The State Government may either approver the proposal, with without modifications, or reject it.(5)When the State Government has approved the proposal, it shall publish its orders in the Official Gazette.(6)When the orders of the State Government have appeared in the Official Gazette, the highway authority shall arrange for further publicity to be given to the orders in the manner prescribed under sub-section (4) of Section 11, and the highway or part thereof shall then be closed.(7)Whenever any highway or any part there of has been so close reasonable compensation shall be paid to every persons who was entitled otherwise than as a mere or member of the public to use such highway part as a means of access to or from his property and has suffered damage for such closing.(8)Where an alternative route has been provided or is already in existence the amount of compensation payable to any person under sub-section (7) shall, in no case exceed the cost, of laying a new means of access from his property to such alternative route.(9)Where compensation is payable under sub-section (7), the claimant shall, within 3 months of the closing of the highway or part, make to the State Government his claim for compensation, and such claim shall be disposed of in accordance with the provision of sub-section of in accordance with the provision of sub-section (3) of Section 17 and sub-section (1) of Section 18.
