- In this Act, unless the context otherwise requires,-(a)"building" includes any erection of whatsoever material and in whatsoever manner constructed (including a farm-building for agricultural purposes) and also includes plinths, door steps, walls (including compound walls and fences) advertisement boards and the like;(b)"building line" means a line on either side of any highway or part of a highway, fixed, in respect of such highway or part thereof, by a notification issued under sub-section (1) of Section 12;(c)"Collector" means the Collector of a District and includes any officer specially appointed by the State Government to perform the functions of a Collector under this Act;(d)"Court" means a principal Civil Court of original jurisdiction and includes any special judicial officer appointed by the State Government for any specified local limits to perform the functions of the Court under this Act;(e)"control line" means a line on either side of any highway or part of a highway beyond the building line, fixed in respect of such highway or part thereof, by notification issued under sub-section (1) of Section 12;(f)"Competent Authority" means the State Government or a local authority or any officer of the State Government or local authority notified by the State Government competent to sanction the construction of or repair to a highway;(g)"excavation" in relation to any piece of land means piercing the surface of that piece of land and includes digging of wells and tanks;(h)"encroachment" means occupation of any highway or part thereof and includes-(i)the erection of a building or any other structure, balconies, thresholds porches, projections on, over or overhanging the highway land;(ii)occupation of highway beyond the prescribed period, if any, for stacking building materials or goods of any other description for exhibiting articles for sale or erecting poles, awnings, tents, pandals and other similar erection or for parking vehicles or stabling domestic animals or for any other purposes; and(iii)excavations or embankments of any kind made or extended on any highway land;(i)"highway" means any thoroughfare or land declared to be a highway under Section 3 of this Act;(j)"Highway Authority" means the Authority appointed as the Highway Authority under Section 4 of or if no such appointment has been made, the State Government;(k)"highway boundaries" means the boundaries of a highway fixed, in respect of such highway, by notification issued under sub-section (1) of Section 12;(l)the expression "land" and "person interested" used in this Act shall have the same meanings as the said expressions have in the Land Acquisition Act, 1894 (1 of 1894);(m)"occupier" includes :-(i)any person who for the time being is paying or is liable to pay to the owner rent or any portion of the rent of the premises in respect of which such rent is paid or is payable;(ii)an owner living in or otherwise using his premises;(iii)a rent tree tenant;(iv)a licensee in occupation of any premises; and(v)any person who is liable to pay to the owner damages for the use and occupation of any premises;(n)"owner" means-(a)when used with reference to any premises, the person who receives the rent of the said premises or who would be entitled to receive the rent thereof if the premises were let, and includes-(i)an agent, manager or trustee by whatever name he is called who has a control over the premises or who receives rent on account to the owner;(ii)an agent, manager or trustee who receives the rent of, or is entrusted with, or concerned with any premises devoted to religious or charitable purposes;(iii)receiver, sequestrator or manager appointed by any Court of competent jurisdiction; and(iv)a mortgagee in possession;(b)when used with reference to an institution or a body corporate, the manager of such institution or body corporate;(o)"public place" means a road, street, way or other place whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a public vehicle;(p)"public vehicle" means any vehicle used or adopted to be used for the carriage of passengers or goods for hire or reward;(q)"roadway" means the width of highway measured between outer edges of shoulders at any point along the highways;(r)"survey" includes all operations incidental to the determination, measurement and record of a boundary or boundaries or any part of a boundary and includes a resurvey;(s)"survey mark" means any mark or object erected, made employed or specified by a survey officer to indicate or determine or assist in determining the position or level of any point or points;(t)"survey officer" means any person appointed to be a survey officer under this Act;(u)"thoroughfare" means a road, street, lane, bridle path or a foot-track, whether surfaced or unsurfaced, whether on land owned by the State Government or a local authority or on land belonging to a private person over which the public have or have acquired, a right of way by usage and includes-(i)the slope, berm, borrow-pits, footpaths, pavements and side drains of any such thoroughfare;(ii)all bridges, culverts, causeways, carriage ways or other road structures, built on or across such thoroughfare; and(iii)the trees, fences, posts and other highways accessories and materials and material stacks on the thoroughfare or on land attached to the thoroughfare;(v)"vehicle" means motor vehicle and includes a barrow, plough, drag and a wheeled or tracked conveyance of any description capable of being used on a highway.
