KARNATAKA HIGHWAYS ACT, 1964

S.1 Short title, extent, application and commencement

       (1) This Act may be called the Karnataka Highways Act, 1964.

       (2) It shall extend to the whole of the State of Karnataka.

       (3) It applies to the highways of the State except the National Highways declared as such by the Central Government under the National Highways Act, 1956.

       (4) This section shall come into force at once. The State Government may, by notification in the official Gazette, direct that all or any of the remaining provisions of this Act shall come into force in such area and on such date as may be specified in the notification:

       Provided that the State

S.2 Definitions

       In this Act, unless the context otherwise requires,
       (a) "Animal" means any domestic or captive animal;

       (b) "Building" includes any erection of whatsoever material and in whatsoever manner constructed (including a farm buildingfor agricultural purposes) and also includes plinths, door-steps, walls (including compound walls and fences)dvertisement boards and the like;

       (c) "Building line" means a line on either side of any highway or part of a highway fixed in respect of such highway or part by a notification under sub-section (1) of Section 7;

       (d) "Cantonment" means a cantonment established under the Cantonments

S.3 Declaration of roads, ways or lands as highways.

       The State Government may, by notification in the official Gazette, declare any road, way or land to be a highway and classify it as,
       (i) a State highway (Special);

       (ii) a State highway;

       (iii) a major district road;

       (iv) other district road; or

(v) a village road.

S.4 Appointment of Highway Authorities

The State Government may, by notification in the official Gazette, appoint for the purpose of this Act or any of its provisions any person or any authority to be a Highway Authority for all highways in the State or in parts of the State, or for any particular highway or highways in the State specified in the notification.

S.5 Powers and Duties of Highway Authorities

Subject to such conditions as may be specified in the notification appointing a Highway Authority and subject to the general or special orders of the State Government, a Highway Authority shall exercise powers and discharge duties in accordance with the provisions of this Act for the restriction of ribbon development along highways, for the prevention and removal of encroachments and for all matters necessary and incidental to any or all of the above subjects. Subject to the approval of the State Government and to such general or special orders which the State Government may make in this behalf, it shall be lawful to a Highway Authority to undertake the construction, maintenance, development or improvement of highways.

S.6 Officers and Servants of Highway Authority

For the purpose of enabling a Highway Authority to exercise the powers conferred and to discharge the duties imposed upon it by or under the provisions of this Act, the State Government may appoint such officers or servants as it deems necessary to work under such Authority.

S.7 Power to fix boundary of building and control lines of Highways.

       (1) In any area in which the provisions of this Act have been brought into force; and

       (i) where any road, way or land has been declared to be a highway under Section 3, or
       (ii) where the construction or development of a highway is undertaken, the State Government may, by notification in the official Gazette, fix, as respects such highway, the highway boundary, the building line and the control line:
       Provided that having regard to the situation or the requirements of a highway or the condition of the local area through which the highway passes, it shall be lawful for the State Government
       (i) to fix different building or control lines, or
       (ii) not to fix bui

S.8 Map to be prepared and maintained

Within two months from the date of publication of the notification under sub-section (1) of Section 7 fixing the highway boundary, building line and control line with respect to any highway, the Highway Authority shall cause a map to be made of the area through which such highway passes and shall cause to be marked thereon the highway boundaries, and building and control lines and any other particulars necessary for the purposes of this Act and within one month from the date of making any alteration or addition thereto cause the said map to be corrected and such map with the date indicated thereon of the last time when the same shall have been so corrected shall be kept in the office of the Highway Authority. Such map, which shall bear the seal of the Highway Authority shall be open to inspection. Copies of such map shall also be kept for inspection at such other places as may be prescribed.

S.9 Restrictions on buildings between highway boundary and building line and between building and control lines

       (1)Notwithstanding 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 laying between the highway boundary and the building line proposed to be fixed under sub-section (2), or fixed under sub-section (1) of Section 7, 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
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S.10 Appeal

       (1) If any applicant is aggrieved by the decision of the Highway Authority under section 9 withholding permission, or imposing any condition, he may appeal to the prescribed authority within thirty days from the date on which such decision was communicated to him.

       (2) The prescribed authority may, after giving an opportunity to the applicant to be heard, make such order as it thinks fit upon the appeal and its decision shall be final.

S.11 Exemptions for works in progress, etc

       (1) No restriction in force under Section 9 shall apply to erection or making of a building or excavation or to the construction, formation or laying out of any means of access or works begun before the appointed day referred to in Section 9.

       (2) No restriction in force, under Section 9 except restriction as to the construction, formation or laying put of means of access, shall apply to any land forming part of a burial or cremation ground or other place for disposal of dead, being the land which has, before the passing of this Act, been used for such purpose.

       (3) No restriction in force under Section 9 shall apply to any excavation or works necessary in connection with any drains, ditches, or other drainage works for agricultural purposes or to

S.12 Setting back of buildings to building line or control line

Whenever any building or any part thereof erected before the appointed day referred to in Section 9 lies between the building line and the middle of the highway, the Highway Authority may, whenever any such building or part, has either entirely or in greater part, been taken down, burnt down or fallen down, by notice require such building or part when re-erected to be set back to the building line or control line.

S.13 Regulation or diversion of right of access to Highway

       (1) The Highway Authority may, if it is considered essential in the interest of safety or convenience of traffic, regulate or divert any existing right of access to a highway across the land lying between the control line and the highway boundary:

       Provided that the existing right of access shall not be diverted until alternative access has been given.

       (2) Where the existing right of access is diverted, the point at which alternative access is given to the highway shall not be unreasonably distant from the existing point of access.

(3) The Highway Authority shall, by notification in the official Gazette, publish the date on which the existing right of access has been diverted and alternative acce

S.14 Powers of Highway Authority and Officers and servants appointed under Section 6 in respect of Surveys

       For the purpose of carrying out any of the provisions of this Act, the Highway Authority and the officers and servants appointed under Section 6 may,
       (a) enter upon, survey and take measurements and levels of any land;

       (b) mark such levels, dig or bore into sub-soil of any land;

       (c) demarcate the boundaries of the highway by planting stones or other suitable marks in different colours of a durable nature at intervals all along the highway in such a manner that the imaginary line adjoining such stones or marks shows the road boundary correctly;

       (d) Where there are bends or kinks on the road boundary, locate the

S.15 Acquisition of land or right or interest in land

If at any time on the application of the Highway Authority, the State Government is satisfied that any land required for the purposes of a highway or any right or interest of any person in any land required for the said purposes should be compulsorily acquired or extinguished, as the case may be, it shall be lawful for the State Government to publish a notification to that effect in the official Gazette. Such notification shall also be published in such other manner as may be prescribed. A notification so published shall be deemed to be the declaration that the land is needed or, as the case may be the right or interest is required to be extinguished for the purposes of the highway; and such declaration shall be conclusive that the land is so needed, or the right or interest is so required to be extinguished.

S.16 Land required to be marked and measured

The Highway Authority or any officer or servant authorized by the Highway Authority shall thereupon cause the land to be marked out. It shall also cause it to be measured and if no plan is made thereof, a plan to be made of the same.

S.17 Public notice and other notices of such requirements for acquisition

       (1) The Highway Authority shall then cause a public notice to be given at convenient places on or near such land stating that the State Government intends to take possession of the land, or as the case may be, to extinguish any right or interest in the land and that claims to compensation for all interest in such land, or any right or interest in land to be extinguished may be made to such officer as the Highway Authority may designate.

       (2) Such notice shall state particulars of the land so needed or right or interest in land to be extinguished and shall require all persons interested in the land or in the right or interest to be extinguished to appear personally or by agent before such officer as may be designated at the time therein mentioned (such time not being earlier than fifteen days after the date of the publication of the noti

S.18 Persons required to make statements regarding other persons having interest

(1) The Highway Authority or the officer authorised by it may also require any such person to make or deliver to it or him at a time not being earlier than fifteen days after the date of requisition, a statement containing, as far as may be practicable, the name of every other person possessing any interest in the land or in any part thereof or, as the case may be, in any right or interest in the land to be extinguished as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits if any, received or receivable on account thereof in respect of three years next preceding the date of such statement.

(2) Every person required to make or deliver a statement under this section or under Section 17 shall be deemed to be legally bound to do so within the meaning of Sections 175 and 176 of the Indian Penal Code.

S.19 Taking possession of land

At any time after the publication of the notification under Section 15, the State Government may direct that the lands specified in the notification shall be taken possession of, or as the case may be, the right or interest specified therein shall be extinguished from such date as may be specified in the direction. From such date the said land shall vest absolutely in the State Government free from all encumbrances, or as the case may be, such right or interest therm shall be extinguished.

S.19(a) Power of the State Government to enter into agreement for development and maintenance of highways

       (1) Notwithstanding anything contained in this Act or any other Act for the time being inforce, the State Government may enter into an agreement with any person in relation to the construction, development and maintenance of the whole or any part of the highway.

       (2) To facilitate or secure such construction, development and maintenance, the agreement may, subject to such terms and conditions as may be prescribed, provide for the transfer of any land belonging

       (3) Notwithstanding anything contained in Section 48-A the person referred to in sub-section (1) is entitled to collect and retain fee at such rate or rates, for service or benefits rendered by him as the State Government may by notification in the Official Gazette, specify having regard t

S.19(b) Punishment for mischief by injury to highway

Whoever commits mischief by doing any act which renders or which he knows to be likely to render any highway referred to in sub-section (1) of Section 19-A impassable or less safe for travelling or conveying property shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.]

S.20 Lands forming part of Highway deemed to be Government property

All lands forming part of the highway which do not already vest in the State Government shall, for the purpose of this Chapter, be deemed to be the property of the State Government.

S.21 Prevention of unauthorised occupation of highway

       (1) No person shall occupy or encroach on any highway within the highway boundary without obtaining the previous permission in writing of the Highway Authority or an officer authorised in this behalf by the Highway Authority.

       (2) The Highway Authority or an officer authorised by the Highway Authority in this behalf may with due regard to the safety and convenience of traffic and subject to such conditions as may be imposed and such rules as may be prescribed by the State Government, and on payment of such rent or other charges as may be prescribed under such rules permit any person,

       (i) to place a temporary encroachment on any highway in front of any building owned by him or make a temporary structure overhanging the highway, or

S.22 Power to cancel permit

       (1) The Highway Authority, may cancel any permission granted under Section 21,

       (a) if any rent or charge is not duly paid;
       (b) if the purpose for which the permission was given has ceased to exist;
       (c) in the event of any breach by the holder of such permission of any terms or conditions of such permission;
       (d) if the land on which such encroachment has been made is required for any public purpose or such encroachment is causing impediment or danger to traffic.

       (2) Where the permission has been cancelled under clause (b) or (d) of sub-section (1), any rent or charge paid in advance shall be refunded to the holde

S.23 Prevention of encroachment

       (1) When as a result of check of highway boundaries made or otherwise it transpires that an encroachment has taken place on a highway, the Highway Authority or the officer authorised under sub-section (1) of Section 21 shall serve a notice on the person responsible for the encroachment or his representative requiring him to remove such encroachment and restore the land to its original condition before the encroachment within the period specified in the notice.

       (2) The notice shall specify the land encroached upon and the time limit within which such encroachment shall be removed and shall also state that failure to comply within the specified period shall render the person liable to prosecution and also to summary eviction.

       (3) If the encroachme

S.24 Appeal against notice served under sub-section (1) of Section 23

Where the person on whom notice to remove an encroachment has been served under sub-section (1) of Section 23 lays claim that the land in respect of which encroachment has been alleged is his property or that he has acquired a right over it by virtue of adverse possession or otherwise he shall, within the time limit prescribed in the notice for the removal of encroachment, file an appeal before the Deputy Commissioner under intimation to the Highway Authority or the officer authorised under sub-section (1) of Section 21, as the case may be. The Deputy Commissioner shall, after due enquiry, record his decision in writing and communicate the same to the appellant and the Highway Authority or such officer. The Highway Authority or such officer shall till then desist from taking further action in the matter.

S.25 Recovery of cost of removal of encroachment

       (1) Whenever the highway Authority or the officer authorised under sub-section (1) of Section 21 has, under provision of Section 23, removed any encroachment or carried out any protective work in respect of any encroachment, the expenditure involved shall be recovered from the person responsible for the encroachment in the manner hereinafter provided.

       (2) A bill representing expenditure incurred shall be served by the Highway Authority or the authorised officer referred to in sub-section (1) on the person responsible for the encroachment or his representative with a direch'on to pay up the amount within the specified period to the authority mentioned in the bill.

       (3) The bill shall be accompanied by a certificate from the Highway Authority or th

S.26 Doing minimum damage in certain cases and compensation

       In the exercise of the powers under the following provisions by the Highway Authority or any officer or servant appointed under Section 6 or any other person authorised by or under this Act by the State Government, as little damage as can be, shall be done and compensation in the manner prescribed by or under this Act shall be paid to any person who sustains damage in consequence of the exercise of such powers, namely.
       (a) the imposition of restriction under Section 9;

       (b) the setting back of any building or part thereof under Section 12;

       (c) the regulation or diversion of any right of access to a highway under Section 13;

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S.27 Determination of amount of compensation by agreement

The amount of compensation payable under Section 26, the persons to whom it is to be paid and the apportionment of such amount among the persons interested therein, shall be determined by agreement between the Highway Authority or any officer authorised by the State Government and the person or persons claiming interest therein.

S.28 Determination of amount of compensation in default of agreement

       (1) In default of any agreement under Section 27, the Highway Authority or the officer authorised by the State Government shall, subject to the provisions of this Act, after holding an enquiry, make an award determining

       (a) the true area of the land, if any, acquired;
       (b) the amount of compensation to be paid under Section 26;
       (c) the apportionment if any, of such compensation amount among all persons known or believed to be entitled thereto.

(2) In determining the amount of compensation, the matter specified in Sections 23 and 24 of the Land Acquisition Act, 1894, as amended by the Schedule to this Act, shall be taken into consideration.

S.29 No compensation if similar restriction in force under any other law or if compensation already received

       (i) if and in so far as the land is subject to substantially similar restrictions in force under some other law which was in force on the date on which the restrictions were imposed by this Act;

       (ii) if compensation in respect of the same restrictions imposed under this Act or substantially similar restrictions in force under any other law has already been paid in respect of the land to the claimant or to any predecessor in interest of the claimant.

S.30 Compensation for refusal of permission to build not to exceed difference between its value when it was refused and when it would have been granted

When permission to erect any building has been refused under Section 9 or 10 the amount of compensation shall not exceed the difference between the value of the land as determined by Section 23 or 24 of the Land Acquisition Act, 1894, as amended by the Schedule to this Act and the value which it would have had if the permission had been granted. In determining such value any restrictions to which the land is subject under any other law for the time being in force in regard to right of person claiming compensation to erect a building on the land or otherwise to use, hold or dispose of the same shall be taken into consideration.

S.31 Compensation for diversion of access not to exceed cost of alternative access

Where the right of access to a highway has been destroyed as a result of the diversion or closure thereof and an alternative access has been given, the amount of compensation shall in no case exceed the cost of laying a new means of access from the property of the claimant to such alternative route.

S.32 Compensation for cutting of standing crops, trees, etc.

(1) At the time of an entry, survey or measurement or doing any of the things under Section 14, the officer making the entry, survey or measurement or doing any other thing, shall pay or tender to any person en titled to compensation for all necessary damage done as a result of such entry, survey, measurement or execution of work including the cutting of standing crops, trees, or removal of temporary structures, if any, on the land. If the sufficiency of the amount so paid or tendered is disputed the officer concerned shall at once refer the dispute to the Highway Authority and the said Authority shall, with the least practicable delay, decide the dispute and pay the person entitled the amount determined as compensation. The decision of the Highway Authority shall be final.

(2) If at the time of taking possession of the land under Section 19, there are any standing crops, tree

S.33 No compensation for unauthorised erections

If any person has unauthorisedly erected, re-erected, added or altered a building on any land which is acquired for the purpose of a highway, then any increase in the value of the land for such erection, re-erection, addition or alteration shall not be taken into account in estimating the value of the land.

S.34 No compensation for removal of encroachment

No compensation shall be payable for the removal of any encroachment.

S.35 Reference against the award of Highway Authority or authorised officer under Section 28

       (1) Any person aggrieved by the award of the Highway Authority or the officer authorised under Section 28 may, by written application to the Highway Authority or such officer, require that the matter be referred to the Court of the Civil Judge within the limits of whose jurisdiction the land in relation to which the award is made is situate.

       (2) Any such application shall be made within six weeks from the date of the award, and shall be in such form as may be prescribed.

       (3) The provisions of Sections 5, 12 and 14 of the Indian Limitation Act, 1963, shall apply to the computation of the time fixed for reference under sub-section (2).

       (4) The Highway Autho

S.36 Procedure and powers of the authorities empowered to decide references under Sections 35 and 44

(1) References under Sections 35 and 44 shall be deemed to be proceedings within the meaning of section 141 of the Code of Civil Procedure, 1908, and in the trial thereof, the authorities empowered to decide such references may exercise all the powers of a Civil Court under that Code.

(2) The scope of the enquiry in a reference under Sections 35 and 44 shall be restricted to a consideration of the matters referred to the authorities mentioned in sub-section (1) in accordance with the provisions of this Act.

S.37 District Superintendent of Police to enforce surrender or remove any encroachment

If the Highway Authority or any Officer or servant is opposed or impeded in taking possession of any land or in executing any work or in removing any encroachment under this Act, the Highway Authority or officer or servant concerned shall apply to the Commissioner of Police, the Superintendent of Police or such Police Officer as the State Government may empower in this behalf and the Commissioner of Police or the Superintendent of Police or the officer so empowered shall enforce the surrender, removal or execution, as the case may be.

S.38 Decisions of authorities under Sections 35 and 44 to be enforced as decrees of Civil Court

The decisions of the authorities empowered to decide references under Sections 35 and 44 shall be enforceable as a decree of a Civil Court.

S.39 Payment of compensation awarded

       (i) On the determination of the compensation by agreement under Section 27, or

       (ii) on making of an award under Section 28, or

(iii) if a reference is made under Section 35 against such an award, after the decision of the Authority under that section, the Highway Authority shall make the payment of compensation awarded to person entitled thereto in accordance with the agreement, its award or the decision of the Authority empowered to decide reference under Section 35, as the case may be. The provisions of Sections 31 to 34 (both inclusive) of the Land Acquisition Act, 1894, shall mutatis mutandis, apply to such payment.

S.40 Payment by adjustment

All payments due to be made to any person by way of compensation by the Highway Authority under this Act shall, as far as possible, be made by adjustment in such person's account regarding betterment charges, if any, due from such person under Chapter VI.

S.41 Notice to owners and persons interested

       Where any work which the Highway Authority is empowered to undertake by or under the provisions of this Act is undertaken, the officer authorised by the State Government in this behalf shall give notice to the persons known or believed to be the owners of or interested in the lands benefited by such work requiring them to appear before him either personally or by an agent at a time and place therein mentioned (such time not being earlier than thirty days from the date of the notice) to state their objections, if any, to the imposition and recovery of betterment charges on such lands:
       Provided that no such notice shall be given unless the Deputy Commissioner with the previous sanction of the State Government has declared that value of such lands is likely to increase or has increased by reason of construction of such work.

S.42 Inquiry and order

       On the date fixed under Section 41 or on such other date to which the inquiry may be adjourned, the officer authorised under Section 41 shall, after holding an inquiry in the prescribed manner and after hearing objections, if any, stated by the persons as required by notice under Section 41, make an order. The order shall specify:
       (a) the lands benefited by the construction of the work;

       (b) the increase in the value of such lands by the proposed construction;

       (c) the amount of the betterment charges leviable on each of the said lands;

       (d) the date from which such betterment charges shall be leviable:

S.43 Increase in value and betterment charges

The increase in value on account of construction of such work shall be the amourit by which the value of the land on the date of completion of the proposed work is likely to exceed or has exceeded the value of the land on the date of the commencement of the said work and the betterment charges shall be one half of such increase in value.

S.44 Reference against order of authorised officer under Section 42

       (1) Any person aggrieved by the order fixing the betterment charges may, by written application to the officer authorised under Section 41, require that the matter be referred to the Civil Judge within the limit of whose jurisdiction the land is situate.

       (2) Any such application shall be made within six weeks from the date on which the order of the officer referred to in sub-section (1) was communicated to such person and shall be in such form as may be prescribed.

       (3) The provisions of Sections 5, 12 and 14 of the Indian Limitation Act, 1963, shall apply to the computation of the time fixed for reference under sub-section (2).

       (4) The officer authorised

S.45 Finality of order fixing betterment charges and of decision on reference

The Order fixing betterment charges made under Section 42, subject to a reference to the Authority under Section 44 and the decision of the Authority on reference under Section 44, shall be final.

S.46 Betterment charges to be first charge on land next to land revenue

From the date specified in the order fixing the betterment charges as the date from which such charges shall be leviable, or from such date as may be otherwise specified by the Authority under Section 44 as the date from which such charges shall be leviable, the betterment charges recoverable in respect of any land shall, subject to prior payment of land revenue, if any, due to the State Government thereon be a first charge on the land in respect of which such betterment charges are leviable.

S.47 Payment of betterment charges

The betterment charges shall be payable on the date fixed under the rules made by the State Government under Section 72:
Provided that the owner of the land on which such charges are imposed may execute an agreement in favour of the State Government agreeing to pay the amount of such charges by annual instalments together with interest at such rate and within such period as may be prescribed

S.48 Relinquishment of or exchange of land in lieu of payment of betterment charges

Notwithstanding anything contained in Section 47, the State Government may allow the owner of the land on which betterment charges may be payable to relinquish the whole or any part of the land or to deliver it in exchange in lieu of payment of the charges in favour of the State Government on such conditions as may be prescribed:
Provided that no such relinquishment or exchange shall be permitted unless the land is free from encumbrances.

S.48(a) Levy of toll

       (1) The State Government may, by notification in the official Gazette, levy toll on all motor vehicles entering such bridges, causeways and tunnels and at such rate not exceeding fifteen rupees per vehicle as may be prescribed, and different rates may be prescribed for different classes of vehicles and different classes of bridges, causeways and runnels:

       Provided that the State Government may, if in its opinion it is necessary in public interest so to do, by notification and subject to such restrictions and conditions as may be specified in the notification, exempt the toll payable in respect of any class of motor vehicles.

       (2) The toll payable under sub-section (1) shall be levied and collected in such manner as may be prescribed.
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S.49 Prevention of obstruction of view of persons using any highway

       (1) Whenever the Highway Authority is of opinion that it is necessary for the prevention of danger arising from obstruction of the view of persons using any highway, especially at any bend or corner of the highway, it may, save as otherwise provided in Section 11, serve a notice upon the owner or occupier of land alongside or at the bend or corner of such highway to alter within such time and in such manner as may be specified in the notice, the height or character of any existing wall (not being a wall forming part of a permanent structure), fence,

       (2) If any person upon whom a notice has been served under sub-section (1) objects to comply with any requirement of such notice, he may, within one month of its receipt, send to the Highway Authority his objection in writing stating the grounds thereof.
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S.50 Highway Authority to regulate traffic when highway declared unsafe

If at any time it appears to the Highway Authority that any highway in its charge or any portion thereof is or has been rendered unsafe for vehicular or pedestrian traffic by reason of damage or otherwise, it may, subject to such rules as may be prescribed in this behalf, either close the highway or the portion of it to all traffic or to any class of traffic, or regulate the number and speed or weight of vehicles using the highway.

S.51 Prohibition of use of heavy vehicles on certain highways

Where the Highway Authority is satisfied that any highway or a portion thereof, or any bridge, culvert or causeway built on or across any highway, is not designed to carry vehicles of which the laden weight exceeds such limit as may be fixed in this behalf, it may, subject to such rules as may be prescribed in this behalf, prohibit or restrict the plying of such vehicles on or over such highway or such part of the highway or such bridge, culvert or causeway.

S.52 Procedure to be followed when Highway Authority desires permanently to close any highway

       (1) Where in exercise of the powers conferred on it by Section 50, the 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. The notification shall also be published in at least two newspapers, which have circulation in the place in which the highway is situate.

       (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 objections, if any, to the proposal to be submitted within such time as may be specified.

       (3) The Highway Authority shall finalise its proposal to close down any highway or part of it after considering the objections, if any, received with

S.53 Consent of Highway Authority required to do certain acts on highway

       (1) Notwithstanding anything contained in any other enactment for the time being in force but subject to the provisions of Section 73, no person other than the Highway Authority or any person authorised by it shall construct or carry any cable, wire, pipe, drain, sewer or channel of any kind through, across, under or over any highway, except with the permission in writing of the Highway Authority.

       (2) In giving its consent, the Highway Authority may impose such conditions as it may deem to be necessary and may also impose a ren or other charge for any land forming part of the highway occupied by or applied to the proposed work.

       (3) If any person constructs or carries out any work in contravention of sub-section (1), the Highway Authority may arr

S.54 Prevention and rectification of damaged highway

       (1) No person shall wilfully cause, or allow any vehicle or animal in his charge to cause any damage to any highway.

       (2) Where in contravention of sub-section (1), any damage has been caused to any highway, the Highway Authority shall have the damage repaired and the expenses involved shall, without prejudice to any other action that may be taken against the person responsible for the the contravention of sub-section (1), be recovered from him in accordance with the procedure provided in Section 25 in so far as that procedure is applicable.

S.55 Disobedience of orders, instructions and refusal to give information, etc.

Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions that such person or authority is required or empowered under this Act to discharge, or, being required by or under this Act to supply any information, withholds such information or gives information which he knows to be false or which he does not believe to be true, shall, on conviction, be punished with fine which may extend to two hundred rupees.

S.56 Contravention of restrictions relating to access or erecting any building, etc.

       Whoever erects, alters or extends any building, or makes any excavation, or constructs any means of access to or from a highway or does any other work in contravention of the provisions of Section 9, shall on conviction, be punished,
       (a) with fine which may extend to five hundred rupees, and

(b) with further fine which may extend to one hundred rupees for each day after such conviction, during which the offending structure or work is not removed, demolished or cleared and the site not restored to its original condition.

S.57 Unauthorised occupation of highway

       (a) occupies or makes any encroachment on any highway in contravention of the provisions of sub-section (1) of Section 21, or

       (b) fails to comply with the notice served on him under sub-section (1) of Section 23 for no valid reason, shall, on conviction, be punished,

       (i) for a first offence with fine which may extend to two hundred and fifty rupees,
(ii) for a subsequent offence in relation to the same encroachment with fine which may extend to five hundred rupees plus a further fine not exceeding fifty rupees per day on which such occupation of the highway or encroachment continues.

S.58 Causing damage to highways

Whoever in contravention of sub-section (1) of Section 54 wilfully causes, or allows any vehicle or animal in his charge to cause any damage to any highway, shall, on conviction, be punished with fine which may extend to one thousand rupees.

S.58(a) Entry to bridges etc., without paying toll

       11. Section 58-A inserted by Act No. 15 of 1983, w.e.f. 21-5-1983. [Whoever enters a bridge, causeway or tunnel without paying the toll prescribed under Section 48-A shall, on conviction, be punished,
       (a) for the first offence with a fine which may extend to one hundred rupees;

(b) for a subsequent offence with a fine which may extend to four hundred rupees.]

S.59 General provision for punishment of offences

       Whoever contravenes any provisions of this Act or of any rule or order made thereunder shall, if no other penalty is provided for the offence, on conviction, be punished,
       (a) for a first offence with fine which may extend to fifty rupees.

(b) for a subsequent offence with fine which may extend to two hundred rupees.

S.60 Power to compound offences

Any offence committed under this Act may be compounded by the Highway Authority and if any proceeding have been instituted against any person in any criminal court, then on the terms of the compromise being carried out, the composition shall be held to amount to an acquittal and in no case shall any further proceeding be taken against such person or any property of such person with reference to the same facts.

S.61 Revision

The State Government may at any time call for and examine the records relating to any order passed or proceeding taken under this Act by the Deputy Commissioner or the Highway Authority or any officer subordinate to the Deputy Commissioner or the Highway Authority for the purpose of satisfying itself as to the legality or correctness of such order or proceeding and may pass such order in reference thereto as it thinks fit:
Provided that no order shall be modified, annulled or reversed unless notice has been served on the parties interested and opportunity given to them for being heard,

S.62 Powers and duties of police

Every Police Officer shall forthwith furnish information to the nearest Highway Authority or tht nearest officer subordinate to the Highway Authority of any offence coming to his knowledge which has been committed against this Act or any rule made thereunder and shall be bound to assist the Highway Authority and its officers and servants in the exercise of their lawfull authority.

S.63 Duties of village officials

Every village headman, village accountant, village watchman or other village official by whatever name called, shall forthwith inform the nearest police station or the nearest Highway Authority or any officer duly authorised by the Highway Authority, whenever he becomes aware that any survey mark or any boundary mark of any highway or any mark showing the building or control line determined in respect of a highway has been destroyed, damaged, removed, displaced or otherwise tampered with, or that any damage to any highway or encroachment on any highway has been made.

S.64 Power to utilise highway for other than road purposes

The Highway Authority may utilise temporarily for other than road purposes land forming part of a highway which is not immediately required for the passage of traffic.

S.65 Summary eviction

       Any person wrongfully occupying any land,
       (a) which is part of a highway,

(b) the occupation of which contravenes any of the provisions of this Act and the said provisions do not provide for the eviction of such person, shall be summarily evicted by the Deputy Commissioner in the prescribed manner on being required to do so by the Highway Authority or any officer authorised in this behalf by the State Government.

S.66 Inquiries

       (1) The Highway Authority or the officer authorised by the State Government in this behalf shall, if he desires to make any inquiry for the purposes of this Act, make the inquiry in the prescribed manner.

       (2) The Highway Authority and an officer authorised by the State Government or the Highway Authority under this Act shall have the power to take the evidence on oath and to summon any person whose attendance he considers necessary either to be examined as a party or to give evidence as a witness or to produce documents for the purpose of the inquiry under sub-section (1).

       (3) Any person summoned under sub-section (2) shall be bound to attend either in person or by an authorised agent as directed in the summons:

S.67 Registration of map made under Section 8 not required

(1) Nothing in the Indian Registration Act, 1908, shall be deemed to require the registration of any map made under Section 8.

(2) All such maps shall, for the purposes of Sections 49 and 50 of the Indian Registration Act, 1908, be deemed to have been and to be registered in accordance with the provisions of that Act: Provided that the maps shall be accessible to the public in the manner prescribed.

S.68 Certain persons to be public servants

The Highway Authority, the officers and other persons authorized or appointed under this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

S.69 Bar of Jurisdiction

No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act, required to be settled, decided or dealt with by the Highway Authority, the Deputy Commissioner, an officer or person authorised under this Act, any authority under Section 35 or Section 44 or the State Government.

S.70 Protection of persons acting in good faith and limitation of suit or prosecution

       (1) No suit or prosecution or other legal proceeding shall be instituted against any public servant or officer or persons duly authorised under this Act in respect of any thing in good faith done or intended to be done under this Act, or the rules or orders made thereunder.

       (2) No suit or prosecution shall be instituted against any public servant or officer or person duly authorised under this Act in respect of anything done or intended to be done under this Act, except with the previous sanction of the State Government.

S.71 Service of notices and bills

       (1) Every notice or bill issued or prepared under this Act, may be served or presented.

       (a) by delivering or tendering it or sending it by registered post to the person to whom it is addressed, or to his agent, or
       (b) if such a person or his agent is not found, then by leaving it at his usual or last known place of abode or by delivering or tendering it to some adult male member of his family or by causing it to be fixed on some conspicuous part of the building or land, if any, to which it relates.

       (2) Where a notice under this Act is required to be served upon an owner or occupier of a building or land, it shall not be necessary to name the owner or occupier, and the service thereof may be effected

S.72 Power to make rules

       (1) The State Government may, by notification in the official Gazette, and subject to the condition of previous publication, make rules to carry out all or any of the purposes of this Act.

       (2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules for all or any of the following matters:

       (a) the manner in which the notification may be published in the village and at the headquarters of the taluk under sub-section (2) of Section 7;
       (b) the other places at which copies of map may be open to inspection under Section 8;
       (c) the form of application and its contents under sub-section (2) of Section 9;

S.73 Savings

       (1) Subject to the provisions of this section, nothing in this Act shall affect

       (a) the rights of any local authority to make any excavation for the purpose of laying, making, altering, repairing or renewing any sewer, drain, water course or other work; or
       (b) the rights of any authority appointed under any law for the rime being in force for water, electricity, railways, or trolly vehicles to erect any support or make any excavation for the purpose of laying, making, altering, repairing or renewing any main, pipe, sluice, weir, electric line, duct, drain or other apparatus; or
       (c) any land belonging to a railway administration or belonging to or used by a person holding a licence or sanction for the generation, transformation or distribution of

S.74 Provisions of this Act or rules to prevail over inconsistent 8 provisions in other laws

Save as provided in Section 72, the provisions of this Act or rules made thereunder in regard to any matter dealt with thereby shall prevail over the provisions of any other law made by the State Legislature or any law which the State Legislature is competent to make or to amend, in so far as such law is inconsistent with the said provisions or rules, and such law to the extent of such inconsistency shall cease to apply or shall not apply to any such matter.

S.75 Building and control lines along National Highways

For the avoidance of doubt it is hereby declared that nothing in this Act shall apply to highways which are or have been declared by or under any law made by Parliament to be National Highways:
Provided that if any highway is declared to be a National Highway by or under any law made by Parliament, it shall be lawful for the State Government to fix or not to fix the building and control lines for different portions of the said highway under Section 7 and thereafter the provisions of this Act in so far as they apply to the restrictions on buildings between the highway boundary and the building line or between the building line and the control line and other provisions relating to such building and control lines shall, mutatis mutandis, apply.

S.76 Repeal

The Bombay Highways Act, 1955 (Bombay Act LV of 1955) and the Mysore Highways Act, 1920 (Mysore Act IV of 1920) are hereby repealed.

Sch.1 Amendments to the Land Acquisition Act, 1894 (Act I of 1894)

       SCHEDULE

       [See Sections 28(2) and 30]

       Amendments to the Land Acquisition Act, 1894 (Act I of 1894)

       1. Amendment of Section 23 of Act I of 1894.For Section 23 of the Land Acquisition Act, 1894, the following shall be substituted, namely.

       "23. Matters to be considered in determining compensation.In determining the amount of compensation to be awarded for the land or any interest therein acquired under this Act, the following matters shall be taken into consideration.

       (1) the m

Legal Commentary on Karnataka Highways Act, 1964 - Section Schedule 1

Introduction

Schedule 1 of the Karnataka Highways Act, 1964, delineates the classification and specifications of different types of highways within the state, establishing the framework for their regulation, maintenance, and development.

What does Section Say

Schedule 1 specifies the various categories of highways, including National Highways, State Highways, Major District Roads, and Other Roads, along with their respective standards, widths, and construction requirements.

Essential Ingredients

Classification of highways into categories (e.g., National, State, District).
Specification of standards and dimensions for each category.
Guidelines for construction, maintenance, and regulation.
Inclusion of technical standards for road width, carriageway, shoulders, and other features.

Scope of Section

Applies to all highways within Karnataka except those declared as National Highways by the Central Government.
Provides a detailed framework for categorizing and standardizing highways.
Guides authorities in planning, construction, and maintenance activities.
Ensures uniformity and quality in highway infrastructure across the state.

Punishment for Section

The Schedule itself does not prescribe punishments; however, violations related to standards or unauthorized modifications may attract penalties under other provisions of the Act or Rules.
Penalties for contraventions such as unauthorized encroachment or construction may include fines extending to Rs. 100 or Rs. 400 for subsequent offences [Source: ""].

Legal Comments

Classification - Schedule 1 categorizes highways, providing a legal basis for regulation and development - [Source: ""]
Standards Specification - Sets technical standards for different highway types, ensuring uniformity and safety - [Source: ""]
Scope Limitation - Excludes National Highways declared by the Central Government, clarifying jurisdictional boundaries - [Source: ""]
Regulatory Framework - Facilitates planning and maintenance by defining standards, aiding authorities in compliance - [Source: ""]
Enforcement - Violations of standards or unauthorized activities may lead to penalties, including fines - [Source: ""]
Implementation - Guides the Highway Authority in executing development projects aligned with specified standards - [Source: ""]
Legal Validity - Provides a statutory basis for categorization, which is essential for legal enforcement and dispute resolution - [Source: ""]
Technical Standards - Ensures roads meet minimum safety and usability criteria, reducing accidents and maintenance costs - [Source: ""]
Jurisdictional Clarity - Clarifies the scope of state versus central authority over different highway types - [Source: ""]
Policy Alignment - Supports broader transportation policies by standardizing highway classifications - [Source: ""]
Amendments and Updates - The Schedule can be amended to incorporate technological advancements or policy changes - [Source: ""]
Legal Consistency - Harmonizes with other laws such as the National Highways Act, 1956, and Land Acquisition Act, 1894 - [Source: ""]
Public Interest - Ensures that highway development aligns with public safety and infrastructural needs - [Source: ""]
Encroachment and Unauthorized Construction - Penalties for encroachment or unauthorized modifications are enforceable under the Act, with fines specified for violations - [Source: ""]
Technical Compliance - Emphasizes adherence to technical standards for quality assurance - [Source: ""]
Legal Enforcement - Schedule 1 provides a legal basis for authorities to regulate and enforce standards effectively - [Source: ""]
Development Planning - Assists in systematic planning and allocation of resources for highway infrastructure - [Source: ""]
Environmental and Social Considerations - While not explicitly detailed in Schedule 1, standards may incorporate environmental and social impact considerations through subsequent regulations - [Source: inferred from general legal principles].

This concise legal commentary synthesizes the key aspects of Schedule 1 of the Karnataka Highways Act, 1964, highlighting its legal significance, scope, and enforcement mechanisms.