[Received the assent of the President on the 5th May, 1967]

An Act to provide for the restriction of ribbon development along highways, for the prevention and removal of encroachment thereon, for the construction maintenance and development of highways, for the levy of betterment charges and for certain other matters

Preamble. - Whereas it is expedient to provide for the restriction of ribbon development along with highways, for the prevention removal of encroachment thereon, for the construction, maintenance and development of highways, for the levy of betterment charges and for certain other matters ;

It is hereby enacted in the Eighteenth Year of the Republic of India as follows :

CHAPTER I

Preliminary

Title, extent and commencement.- (1) This Act may be called the Nagaland Highways, Act, 1967.

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

(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 remaining provisions of this act shall come into force in such area and such date as may specified in the notification :

Provided that the State Government may, by notification issued in like manner, exclude any roads or way or class of roads or ways situated in area from the operation of all or any of the provisions of this Act.

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 building for agricultural purposes) and also includes plinths, door-steps, walls (including compound walls and fences), advertisement boards and the like ;

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

(d) "Cantonment" means a Cantonment established under he Cantonment Act, 1924 (2 of 1924);

(e) "Control line" means a line on either side of a highway or part of a highway beyond the building line fixed in respect of such highway or part by notification under sub-Section (1) of Section 7 ;

(f) "encroachment" means any unauthorised occupation of any highway or part thereof and includes an unauthorized-

(i) erection of a building or any other structure, balconies, porches, projection on or over or overhanging the highways ;

(ii) occupation of a highway beyond the prescribed period, if any, for stacking building materials or goods of any other description, for exhibiting articles for sales, for erecting poles, awanings, tents, pandals, hoardings an other similar erections or for parking vehicles or stabling animals or for any other purposes ;

(iii) excavations or dumps of any sort made or extended on any highway or underneath such highway ;

(g) "to erect" with its grammatical variation in relation to a building means to construct, reconstruct, extend or alter structurally a building;

(h) "excavation" relating to any piece of land does not include any working which do not pierce the surface of that piece of land, but includes, wells and tanks;

(i) "highway" mean any road or way over which the public have a right of way or are granted access and which is declared to be a highway under Section 3.

The expression includes-

(i) any land acquired or demarcated with a view to constructing a highway along it;

(ii) the slopes, berms, barrow-pits, foot-paths, pavements and side catch and boundary drains attached to such a road or way ;

(iii) all bridges, culverts, causeway, carriage ways and other structures built on or across such road or way ; and

(iv) the trees, fences, posts, boundary, half kilometer and kilometer stones and other highway accessories and materials and materials stacked on the road or way ;

(j) "Highway Authority" means the authority appointed as such or to which the functions of such authority are entrusted under Section 4 ;

(k) "highway boundaries" means the boundaries of a highway fixed in respect of such highway by a notification under sub-section (1) of Section 7;

(l) "means of access" includes any means of access whether private or public, for vehicle or for foot passengers and includes any street;

(m) "middle of highway" mean a point halfway between the highway boundaries;

(n) "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) any owner living in or otherwise using the premises;

(iii) rent-free tenant;

(iv) any person who is liable to pay to the owner damage for the use and occupation of any premises ;

(o) "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 the premises were let and includes,-

(i) an agent or trustee who receives such rent on account of the owner ;

(ii) an agent or trustee who receives the rent of or is entrusted with, or concerned, for, any premises devoted to religious or charitable purposes ;

(iii) a receiver 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, he manager of such institution or body corporate ;

(p) "prescribed" means prescribed by rules made under this Act ;

(q) "Railway administrative" has the same meaning as in the Indian Railways Act, 1890 (9 of 1890);

(r) "vehicle" includes a barrow, sledge, plough drag and a wheeled conveyance of any description capable of being used on a highway ; (s) the expressions "land", "person interested" and "persons entitled to act" used in this Act shall have the same meaning as the said expressions have in the Land Acquisition Act, 1894 (1 of 1894).

CHAPTER II

Declaration of Highways, Highway Authorities and Their Powers and Functions

Declaration of roads, ways or land 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.

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 the State, or for any particular highway or highways in the State specified in the notification.
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 highway, for the prevention and removal of encroachments and 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 order which the State Government may make in this behalf, it shall be lawful for a Highway Authority to undertake the construction, maintenance, development or improvement of highways.
Officers and servants under 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 appointment such officers and servants as it deems necessary to work under such Authority.

CHAPTER III

Restriction of Ribbon Development

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 highway under Section 3, or

(ii) where the construction or development of a highway is under taken, 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 situations of the requirement 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 building or control lines in respect of any highway or portion thereof.

(2) No less than sixty days before issuing a notification under sub-Section (1) the State Government shall cause to be published in the official Gazette and in the prescribed manner in the village and at the headquarters of the circle in which the highway is situated a notification stating that it proposes to issue a notification in terms of sub-Section(l) and specifying therein all the lands situated between the highway boundary and the control line proposed to be fixed under such notification and in case of new works, also lands benefiting by the construction or development of the highway, as the case may be, together with a notice requiring all persons affected by such notification, who wish to make any objection or suggestion with respect to the issue of such a notification to submit their objection or suggestions in writing to the Highway Authority or appear before such authority, within two months of the publication of the notification in the official Gazette or within one month from the date of publication of the notification in the village, whichever period expires later.

(3) The Highway Authority shall, after shall such objection or suggestion have been considered or heard, as the case may be, and after such further enquiry if any, as it thinks necessary, forward to the State Government a copy of the record of its be proceedings held by it together with a report setting forth its recommendation on objection or suggestion.

(4) If, before the expiry of the time allowed by sub-section (2) for filing or hearing of objection or suggestions, no objection or suggestion has been made, the State Government shall proceed at once to issue the notification under sub-section (1). If any such objection or suggestion has been made the State Government shall consider the record and the report referred to in sub-section (3) and may either-

(a) abandon the proposal to issue the notification under sub-section (1) ; or

(b) issue the notification under sub-section (1) with sub-modification, if any, as it thinks fit.

(5) In considering the objections or suggestions decision of the State Government on the question of issuing the notification under sub-section (1) shall be final and conclusive.

Map to 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, then 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 purpose 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 or inspection at such other places as may be prescribed.
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 previous permission in writing of the Highway Authority,-

(a) upon any land lying 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

(iv) make or extend any be excavation ; or

(v) construct, form or laouty any work ; or

(b) upon any land laying between the building line and the control 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 means of access to, or form a highway; or

(ii) erect any building ; or

(iii) materially alter any exiting building;

(c) use any building or alter the use of any building already erected in a manner which, in the opinion of the Highway Authority, will in any manner whatsoever, infringe any of the provisions of this Act or interfere with the use of a highway adjoining the land on which such building is erected.

(2) Every person desiring to obtain and permission under sub-Section (1)

shall make an application in writing to the Highway Authority in such form and containing such information as may be prescribed in respect of the building , alteration, excavation works or means of access, as the case may be, to which the application relates.

(3) On receipt of such application, the Highway Authority, after making such enquiry as it may consider necessary, shall, by order in writing, either-

(a) grant the permission, subject to such conditions, if any, as may be specified in the order ; or

(b) refuse to grant such permission ;

Provided that,-

(i) permission under Clause (a) of sub-section (1) to the making of any excavation or construction, formation or laying out of works in any land for the purpose of repairing, renewing, enlarging or maintaining an underground sewer drain, electrical line, pipe, duct or other apparatus shall not be withheld nor be made subject to any conditions save such as may be necessary for securing that the sewer, drain, electric line, pipe, duct or other apparatus shall be laid in such manner and at such levels that the construction, maintenance, development or improvement of a road, there over will not be prevented or prejudicially affected thereby ;

(ii) permission under Clause (b) of sub-section (1) to the erection or alteration of a building or laying out any means of access to a highway which conforms to the requirements of public health, and welfare and of safety and convenience of traffic on the adjoining road shall neither be withheld nor made subject to unreasonable condition :

Provided that in the case means of access required for agricultural purposes such permission shall neither be withheld nor made subject to any condition such as may be necessary for securing that the means of access shall be used for agricultural purposes only ;

(iii) permission under Clause (b) of sub-Section (i) to the re-erection or alteration of a building which was in existence before appointed day shall neither be withheld nor made subject to restriction unless such re-erection or alteration involves any material alteration to the outside appearance of the building.

(4) When the Highway Authority refuses permission, the reasons thereof shall be recorded and communicated to the applicant:

Provided that nothing herein contained shall disentitle a person from making a fresh application after omitting therefrom the objectionable features communicated to him as a aforesaid on account of which such permission was refused.

(5) if at the expiry of a period of three months after an application for such permission specifying the name and address of the applicant has been made to the Highway Authority, or such further period not exceeding three months as may have been notified by the Highway Authority has elapsed and no decision has been notified in writing posted or delivered to the applicant at the address, then (except as may otherwise be agreed in writing between the Highway Authority and the applicant) permission shall be deemed to have been given without the imposition by Highway Authority of any condition.

(6) The Highway Authority shall maintain a register with sufficient particulars of all permissions given or refused by it under this section and the register shall be available for inspection free of charge by all persons interested and such persons shall be entitled to take extract therefrom.

Explanation. - For the purpose of this section the "appointed day" shall, with reference to any highway boundary, building line or control line, mean-

(i) the day on which a notification is published in the official Gazette under sub-Section (2) of Section, 7 proposing to fix such highway boundary, building line or control line, and

(ii) if any modification is made in such highway boundary, building the line or control line, the day on which the notification is published under sub-Section (1) of Section 7 fixing such highway boundary, building line or control line.

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 be 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.

Exemptions for work in progress etc.- (1) No restriction in force under Section 9 shall apply to erection or making of a building or exvacation 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 out, 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 the drainage works for agricultural purposes or to any works necessary for the repair, renewal, enlargement or maintenance of any sewer, drain, electric line, pipe, duct or other apparatus, constructed in or upon the land before the date on which the restriction came into force or with the consent of the Highway Authority on or after that date.

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.
Regulation or division 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 between the control line and the highway boundary :

Provided that the exiting 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 alternation 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 access has been given.

Powers of Highway Authority, 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 measurement and levels of any land ;

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

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

(d) where there are bends or kinks on the road boundary, locate the stones or marks in different colours so as to give the correct configuration of the boundary if they are joined by straight lines ;

(e) give consecutive numbers to such boundary stones or marks and maintain them on the ground as if they constituted part of the highway ;

(f) lay out the building and control lines by placing marks in different colours and cutting trenches ;

(g) if the survey cannot otherwise be made of measurement of levels taken or boundaries marker and lines laid out, cut down and clear away any standing crop, tree, fence, jungle or any part thereof;

(h) do all other acts necessary in that behalf:

Provided that the Highway Authority shall not, except with the consent of the occupier thereof, enter or permit any of the officer or servants to enter any premises without previously giving such occupier at least twenty-four hour's notice in writing of its intention to do so.

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 my be prescribed. A notification so published shall be deemed to be the declaration that the land is needed or as the case may be 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 need or the right or interest is so required to be extinguished.
Land required to be marked and measured.- The Highway Authority or any officer or servant authorised 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.
Public notice and other notices of such requirements for acquisition.- 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 an 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 be designate.

(2) Such notice shall state particulars of the land so needed 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 designed at the time therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice) and to state the nature of their respective right of interest in the land or, as the case may be, in the right or interest to be extinguished and the amount and the particulars of the claims to compensation for such right or interest or both and their objections, if any, to the measurement made under Section 16. The Highway Authority may, in any case, required such statements to be made in writing and ' signed by the party or his agent.

(3) The Highway Authority shall also serve notice to the same effect on the occupier of such land and on all such persons known or believed to be interested therein or to be entitled to act for persons so interested, as reside or have agents authorised service on their behalf within the district in which the lands is situated.

(4) In case any persons so interested resides elsewhere, a notice shall be served in the manner provided in Section 71.

Persons required to make statements regarding other persons having interests.- (1) The Highway Authority or the officer authorised by it may also require any 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-propriator, 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 Section 175 or 176 of the Indian Penal Code.

Taking possession of land.- At any time after the publication of the notification under Section 15, the State Government may direct that the land 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 therein shall be extinguished.

CHAPTER IV

Prevention of Unauthorised Occupation and Encroachment on A Highway and Removal of Encroachment

Land 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.
Prevention of unauthorised occupation of highway.- No person shall occupy or encroach on any highway with the highway boundary without obtaining the previous permission in writing of the Highway Authority or an officer authorised in this behalf by 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 condition 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 over handing the highway, or

(ii) to put up a temporary awning or tent, pandal, other similar erection or a temporary stall or scaffolding on any highway, or

(iii) to deposit or cause to be deposited building materials, goods for sale or other articles on any highway, or

(iv) to make temporary excavation for carrying out any repairs or improvements to the adjoining buildings :

Provided that no such permission shall be deemed to be valid beyond the period of one year unless expressly renewed by the Highway Authority or the authorised officer.

(3) The permission so granted shall clearly specify the date up to which the person is authorised to occupy the highway, the periods for which occupation authorised and the exact portion of the highway permitted to be occupied and shall also be accompanied by an plan or or sketch of that portion of the highway, if necessary.

(4) The person in whose favour such permission has been given shall produce the permit for inspection whenever called upon to do so by the Highway Authority or any officer by a general or special order empowered in that behalf and shall at the end of the period specified in the permit release the land occupied by him after restoring it to the same state as before the occupation by him.

(5) The Highway Authority or the officer issuing the permission shall maintain a complete record of such permission issued, and shall also cause check up to be made in every case at the expiry of the period up to which occupation has been authorised to ensure the land has actually been vacated.

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;

(d) if the land on which such encroachment has been made is required for any public purpose or such encroachment is causing impediment of 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 holder of such permission less the amount, if any, due to the State Government.

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 within such encroachment shall be removed and shall also state that failure to comply within the specified period shall render the person liable to prosectuion and also to summary eviction.

(3) If the encroachment is not removed within the time limit specified in the notice and no valid cause is shown for the non-compliance, the Highway Authority or the authorised officer referred to in sub-Section (1) may prosecute such person for his having made or caused the encroachment and for his failure to remove it within the specified time.

(4) Where the encroachment is made for the exposing articles for sale opening temporary booths for vending or other like purpose of trivial nature the Highway Authority or the authorised officer referred to in sub-section (1) may within the help of the police, if necessary, have such encroachment summarily removed without issuing a notice as required by sub-section (1) or in lieu of removal of encroachment, may give the person responsible for encroachment option of executing a lease in favour of the Highway Authority on payment of rent for the area encroached.

(5) When the encroachment is of temporary nature an easily be removed, but is not such as can be described a trivial within the meaning of sub-Section (4), the Highway Authority or the authorised officer referred to in sub-section (1) may in addition to or in lieu of prosecuting the person responsible for the encroachment under sub-section (3) have the encroachment summarily removed with the assistance of police, if necessary.

(6) Where the encroachment is of such a nature of that its immediate removal is considered essential in the interest of safety of traffics on the highway or the safety of the structure forming part of the highway, the Highway Authority or the authorised officer referred to in sub-section (1) may, in addition to the prosecution of the person responsible for the encroachment under sub-section (3), either-

(i) have such protective work as may be feasible at a reasonable cost carried out so as to minimise the danger to traffic on the highway, or

(ii) have the encroachment removed with the help of the police, if necessary.

Appeal against notice served under sub-section (1) of Section 23.- Where the person own whom notice to remove an encroachment has been served under sub-Section of Section 23 lays claim that the land is respect of which encroachment has been alleged is this 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 revision to Government taking further action in the matter.
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 the provision of Section 23, removed any encroachment, or carried out any protective works 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, including department charges, if any, 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 direction to pay 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 the authorised officer referred to in sub-section (1) to the effect that the amount of expenditure indicated in the bill represents the charge incurred and such a certificate shall be conclusive proof that the charge had actually been incurred.

(4) The material, if any, recovered as a result of the removal of any encroachment shall be handed over to the person responsible for the encroachment on payment of amount of the bill by him, but the event of his failure to pay up the amount within the specified period, the materials may be auctioned and after deducting the amount of the bill from the proceeds, the balance, if any, shall be paid to such person.

(5) If the proceeds or the auction sale do not cover the total amount billed for the excess over the the amount realised by the sale of the materials or if there are no materials to be disposed of and the billed amount has not been paid by the person responsible for the encroachment within the specified period, the entire amount of the bill shall be recovered from such person as an arrear of public demand.

CHAPTER V

Compensation

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 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 damages 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 ;

(d) the entry, survey, measurement and doing of any of the acts on any land under Section 14 ;

(e) the acquisition of any land or extinguishment of any right or interest in the land under Section 15;

(f) the closure of any highway or part thereof under Section 52.

Determination of amount of compensation by agreement.- The amount of compensation payable under Section 26, the persons to whom it 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.
Determination of amount of compensation in default of agreement.- (1) In default of any agreement under Section 27, 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 ;

(2) In determining the amount of compensation, the matter specified in Sections 23 and 24 of the Land Acquisition Act, 1894 (1 of 1894) amended by the Schedule to this Act, shall be taken into consideration.

No compensation of similar restrictions in force under any other law or if compensation already received.- No compensation shall be awarded-

(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.

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 (1 of 1894) as amended) by the Schedule to this Act and the value which it would have had if the permission has been granted. In determining such value any restriction to which the land is subject under any other law for the time being in force in regard to right of persons claiming compensation to erect a building on the land or otherwise to use, hold or dispose of the same shall be into consideration.
Compensation for diversion of access not to exceed cost of alterative access.- Where the right of access to a highway has been destroyed as a result of the division or closure thereof and 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.
Compensation for cutting of standing crops, trees etc.- (1) At the time of an entry, survey for 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 entitled 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 such officer as may be authorised by the State Government and the said officer shall with least practicable delay, decide the dispute and pay the person entitled the amount determined as compensation. The decision of the State Government shall be final.

(2) If at the time of taking possession of the land under Section 19, there are any standing crops, trees or temporary structures on the land, the Highway Authority shall pay or tender to the person entitled the amount of compensation for such standing crops, trees, temporary structures. If the sufficiency of such amount is disputed, the value of such crops trees and temporary structures shall be taken into consideration in determining amount of compensation for land Section 28.

No compensation for unauthorised erections.- If any persons has unauthorisedly erected, re-erected, added or altered any building on any land which is acquired for the purpose of a highway, then any increase in the value of the land from such erection, re- erection, addition or alteration shall not be taken into account in estimating the value of the land.
No compensation for removal of encroachment.- No compensation shall be payable for removal of any encroachment.
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 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 situated.

(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 (36 of 1963) shall apply to the computation of the time fixed for reference under sub-section (2).

(4) The Highway Authority or the officer authorised shall make the reference in such a manner as may be prescribed.

Procedure and power of the authorities empower to decide reference 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, 19Q8 (5 of 1908) and in the trial thereof, the authorities empowered to decide such references may exercise all the powers of 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 mattes referred to the authorities mentioned in sub-section (1) accordance with the provisions of this Act.

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 Superintendent of Police or such Police Officer as the State Government may empower in this behalf and the Superintendent of Police or the officer so empowered shall enforce the surrender, removal or execution, as the case may be.
Decision 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.
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 55 against such an award, after the decision of the authority under that section.

The Highway Authority shall make the payment of the compensation awarded to person entitled thereto in accordance with the agreement, its award or the decision of the authority empowered to decide with reference under Section 35, as the case may be. The provisions of Sections 31 to 34 (both inclusive) of the Land Acquisition Act, 1894 (1 of 1894) shall mutatis mutandis apply to such payment.

Payment of 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 persons' account regarding betterment charges, if any, due from such person under Chapter VI.

CHAPTER VI

Levy of Betterment Charges

Notice to owners and persons interested.- Where any work, which the Highway is empowered, to undertake 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 the value of lands is likely to increase or has increased by reason of construction of such work.

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 a 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 to the value of lands by the proposed construction ;

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

Provided that no betterment charges shall be leviable in respect of any land-

(i) which is unsuitable for development as a building site ; or

(ii) which is situated beyond a distance of one furlong from the middle of the highway on either side.

Increase in value and betterment charges.- The increase in value on account of construction of such work shall be the amount by which the value of the land on the date of completion of the proposed work is likely to exceed or has exceed 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.

Explanation. - For the purpose of this section the State Government shall, by notification in official Gazette, specify-

(a) the date of the commencement of the construction of any work.

(b) the date of completion of such work.

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 officer exercising the powers of a Civil Judge within the limits of whose jurisdiction of land is situated.

(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 under Section 41 shall make the reference in such manner as may be prescribed.

Finality of order fixing betterment charges and of decision on references.- 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.
Betterment charges to be first charge on land next to land revenue and house tax.- 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 and house tax, if any, due to the State Government thereon be a first charge on the land in respect of which such betterment charges are leviable.
Payment of betterment charges.- The betterment charges shall be payable on the date fixed under the rules made 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 to amount of such charges by annual instalments together with interest at such rate and within such period as may be prescribed.

Relinquishment of or exchange of and in lieu of payment of betterment charge.- 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 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 of exchange shall be permitted unless the land is free from encumbrances.

CHAPTER VII

Supplemental Provisions to Secure Safety of Traffic and Prevention of Damage to Highways

(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 the 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, in such time, in such manner as may be specified in the notice, the height or character of any existing wall (not being as wall forming part of a permanent structure), fence, hedge, tree, advertisement post, bill board or any other object thereon, so as to cause it to conform with any requirement specified in the notice.

(2) If any person upon whom a notice has been served under 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.

(3) The Highway Authority shall within one month of receipt of the objection consider the grounds advanced and shall, by order in writing, either withdraw, the notice or amend or confirm it.

(4) If a person is aggrieved by an order issued by the Highway Authority under sub-section (3), he may prefer an appeal within fifteen day from the date when such order was communicated to him to the Deputy Commissioner whose decision in the matter shall be final.

(5) If any person fails to comply with the notice served on him under sub-section (1) as amended or confirmed as the case may be under sub-section (3), the Highway Authority may take action to alter the object causing obstruction of view at its own expense, and such expenditure shall be recovered from such person in accordance with the provisions of Section 25, without prejudice to any other action which may be taken against him.

Highway Authority to regulate traffic when highway declared unsafe.- If at any time it appears to 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, 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.
Probation of use of heavy vehicle on certain highway.- Where the Highway is satisfied that any highway or a portion thereof, or any bridge, culvet 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 that behalf, prohibit or restrict the playing of such vehicle on or over such highway or such part of the highway or such bridge, culvert or causeway.
Procedure to be followed when Highway Authority desires permanent 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 with prior approval of the State Government give notice of its intention so to do in the official Gazette. The notification shall also be published in at least one newspaper which has circulation in the place in which the highway is situated.

(2) The notice shall indicate the alternative route, if any, which is proposed to be provided or which may be 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 finalist its proposal to close down any highway or part of it after considering the objection, if any, received within the specified time and shall submit the final proposal to the State Government for the approval together with such objection as may have been received against the proposal.

(4) The State Government may either approve the proposal with or without modification, 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 been published in the official Gazette, the Highway Authority shall arrange for further publicity to be given to the orders in at least one newspaper which has circulation in the place in which such highway is situated and the highway or part thereof shall then be closed.

(7) Whenever day highway or any part thereof has been so closed, reasonable compensation shall be paid to every person who was entitled, otherwise than as a mere member of the public, to use of such highway or part thereof as a means of access to or from his property situated on such highway or part thereof and has suffered damage by such closure.

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 condition as it may deem to be necessary and may also impose a rent or other charge for any land forming par 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 arrange for the removal of such work and restoration of the highway to its former condition in accordance with the provisions of Section 23 as if the work constituted an encroachment on the highway, and such expenses as the Highway Authority may incur for this purpose shall, without prejudice to any other action that may be taken against such person, be recovered from him in accordance with the procedure provided in Section 25 in so far as that procedure is applicable.

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 contravention of sub-Section (1), recovered from him in accordance with the procedure provided in Section 25 in so far as that procedure is applicable.

CHAPTER VIII

Penalties

Disobedience of orders, instruction 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.
Contravention of restriction 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 provision 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 removed, demolished or cleared and the site not restored to its original condition.

Unauthorised occupation of highway. Whoever.- (a) occupies or make 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 enroachment continues.

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.
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 two hundred rupees.

Power to compound offences.- Any offence committed under this Act may be compounded by the Highway Authority and if any proceedings 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 to be taken against such person or any property of such person with reference to the same facts.

CHAPTER IX

Miscellaneous

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 orders or proceeding and may pass such order in references 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.

Powers and duties of police.- Every Police Officer shall forthwith furnish information to the nearest Highway Authority or the 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 lawful authority.
Duties of village officials.- Every village Gaonbura, village council member 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 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.
Power to utilise highway for other than road purposes.- The Highway Authority 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.
Summary.- Any person wrongfully occupying any land,-

(a) which is a part of a highway.

(b) the occupation of which contravenes of 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.

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 or an officer authorised by the State Government or the Highway Authority under this Act shall have the power to take the evidence on oath 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 document 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 :

Provided that exemptions under Sections 132 and 133 of the Code of Civil Procedure, 1908, shall be applicable to requirement for attendance under this Act.

(4) Every person summoned under sub-Section (2) either to be examined as a party or to give evidence as witness shall be bound-

(i) to state the truth upon any subject respecting which he is examine or make a statement; or

(ii) to produce such documents as may be required.

(5) Any person summoned merely to produce a document shall be deemed to have compile with the summons by causing the production of such document instead of attending personally to produce the same.

Registration of map made under Section 8 and 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 purpose of Sections 49 and 50 of the Indian Registration Act, 1908, be deemed to be 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.

Certain person to be public servants.- The Highway Authority, the officers and other persons authorised or appointed under this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.
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 of the State Government.
Protection of persons acting in good faith and limitation of suit or prosecution.- (1) No suit for prosecuting or other legal proceeding shall be instituted against any public servant or officer or persons duly authorised under this Act in respect of anything 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 an 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.

Service of notice 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 addressed, or to his agent, or

(b) if such a person or agent is not found, then by leaving it at his usual or last known place of abode or 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 the owner or occupier of a building or land, it shall be not necessary to name the owner or occupier, and the service thereof may be effected either-

(a) by delivering or tendering the notice or sending by registered post, to the owner or occupier or if there be more owner or occupiers than one, to any one of them, or

(b) if no such owner or occupier is found, then by giving or tendering the notice to an adult male member or servant of his family or by causing the notice to be fixed on some conspicuous part of building or land to which the same relates.

(3) Whenever the person to whom a notice or bill is be served is a minor, service upon his guardian or upon an adult male under or servant of his family shall be deemed to be service upon the minor.

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 powers, the State Government may make rules for the 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 circle under sub-Section (2) of Section 7;

(b) the other places at which copies of map may be open to inspection under Section 8 ;

(d) the other manner of publishing the notification under Section 15 ;

(e) the conditions on which and the amount of rent of charge on payment of which encroachments may be made on a highway;

(f) the manner in which a reference shall be made under Section 33 or Section 44;

(g) fixation of the date on which the betterment charges shall be payable under Section 47 and instalments together with the rate of interest and the period within which such instalments shall be paid under the proviso to the said section ;

(h) the conditions on which any land may be relinquished or delivered in exchange in favour of the State Government under Section 43 ;

(i) rules subject to which any highway or portion of it may be closed to traffic or any class of traffic or the number and speed or weight of vehicles using the highway may be regulated under Section 50 ;

(j) rules subject to which playing of vehicles may be prohibited under Section 51 ;

(k) the prevention of obstruction of view of persons using highway and of annoyance, danger or injury to the public ;

(l) the prevention of obstruction, encroachment and nuisance on or near and of damages to highways ;

(m) the proper maintenance of boundary mark demarcating highway boundaries and building and control lines ;

(n) the prescription of various forms of applications required to be made and form of notices and bills required to be served on persons, the charges to be made for supply of copies of maps, and the rent or other charges to be imposed or levied under the provisions of this Act;

(o) the general guidance of the Highway Authority in the discharge of its functions under this Act;

(p) regulation or diversions of exiting rights of access ;

(q) the manner of holding an enquiry under Section 65 or Section 66 ;

(r) any other matter which is to be or may be prescribed.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the Nagaland Legislative Assembly while it is in section for total period of seven days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Nagaland Legislative Assembly agree in making any modification in the rule or the Nagaland Legislative Assembly agree that the rule should not be made, the rule shall thereafter effect only in such modified from or be of no effect the case may be; so however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule.

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, altering, repairing or renewing any sewer, drain, water course or other works ; or

(b) the rights of any authority appointed under any law for the time being in force for water, electricity, railway or trolley, vehicles to erect any support or make any excavation for the purpose of laying, making, altering reappearing or renewing any main, pipe, sluice, weir, electric line, duct, drain or other apparatus ; or

(c) any land belonging to Railway administrative or ballooning to or used by a person holding a licence or sanction for the generation, transformation or distribution of electricity under the Indian Electricity Act, 1910, when such land is held or used by the Railway Administrative, or such person, as the case may be, for the purpose of its railway of for against generation, transformation or distribution of electricity, except in so far as they may consent thereto ; or

(d) and land within the limits of cantonment or a port declared by or under any law made by Parliament or existing law to be a major port; or

(e) any land within the jurisdiction of a local authority the administrative control of the Central Government:

Provided that-

(i) any restriction in force under Section 9 as to construction, formation or laying out of means of access to, or from, any road, shall without any such consent a aforesaid, extend to any such land as is specified in Clause (c) in so far a the restriction relate to means of access over of under such land to, or from, land other than land so specified ; and

(ii) any consent required for the purpose of this section shall not be unreasonably withheld and the question whether or the consent so required is unreasonably withheld shall be determined by the State Government and the decision of the State Government on the question shall be final.

(2) Nothing in this Act shall affect any powers and duties of the telegraph authority under the provisions of the Indian Telegraph Act, 1885 (18 of 1885).

(3) The authority or persons mentioned in sub-Section (1) shall be liable to be restore the highway to its former condition on completion of any excavation or other works done under the said sub-section and upon its failing to do so the Highway Authority may cause the restoration to be made and recover from much from such authority or person the expenditure injured by it.

Provisions of this act or rules to prevail over inconsistent 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 of rules and such action to take and extent of such inconsistency shall cease to apply or shall not apply to any such matter.
Building and control lines along national highway.- 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 highway :

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 to not to fix the building and control lines for different portion of the said highway under Section 7 and thereafter the provisions of this Act in so far as they apply to the restriction on building 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.

Schedule

[See Sections 28 (2) and 30]

Amendment to the Land Acquisition Act, 1894 (1 of 1894)

Amendment of Section 23 of Act 1 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 market value at the date of publication of the declaration under Section 15 of the Nagaland Highways Act, 1966 ;

(2) the use to which the land was put at the date of such declaration ;

(3) the damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time when the possession was taken from him ;

(4) the damage (if any) sustained by the person interested at the time of the possession being taken from him by reason of serving such land from his other land ;

(5) the damage (if any) sustained by the person interested at the time of the position being taken from him of the land by reason of the acquisition injuriously affecting his other property, movable or immovable in any other manner or his earnings ;

(6) if in consequence of the acquisition of the land, the person interested is compelled to change his residence, or place of business the reasonable expenses, if any, incidental to such change."

Amendment of Section 24 of Act 1 of 1894.- For the Section 24 of the Land Acquisition Act, 1894 the following shall be substituted, namely :

"24. Matters to be neglected in determining compensation.-But the Court shall not take into consideration the following matters :

(1) the degree of urgency which has led to the acquisition ;

(2) any disinclination of the person interested to part with the land acquired ;

(3) any damage sustained by him which, if caused by private person, would not render such person liable to a suit;

(4) any damage which is likely to be caused to the land acquired after the date of the publication of the declaration under Section 15 of the Nagaland Highways Act, 1967 by or in consequence of the use to which it will be put ;

(5) any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired ;

(6) any increase to the value of land of the person interested likely to accrue from the use to which the land acquired will be put;

(7) any outlay or improvements on, or for disposal of the land acquired, commenced, made or effected without the sanction of the Highway Authority after the date of the publication of the declaration under Section 15 of the Nagaland Highways Act, 1967;

(8) the special suitability or adaptability of the land for any purpose if that purpose is a purpose to which it could be applied in pursuance of any law or for which there is no market apart from the special needs of the Highway Authority ;

(9) any increase in the value of land by reason of the use thereof or any premises thereon in a manner which could be restrained by any court, or is contrary to law or is detrimental to the health of the inmates of the premises or to the public health."