Kerala Highway Protection Act, 1999

No: 6 Dated: Jan, 20 2000

Kerala Highway Protection Act, 1999

(Act No. 6 of 2000)

    An Act to provide for the protection of highways and for the regulation of highway development in the State of Kerala.

    Preamble. - Whereas it is expedient to provide for the protection and development of highways and for the prevention of ribbon development along highways and encroachment and use of highways for purposes which will adversely affect the safety of traffic and proper condition of highways in the State of Kerala;

Be it enacted in the Fiftieth Year of the Republic of India as follows: -

CHAPTER I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Highway Protection Act, 1999.

(2) It extends to the whole of the State of Kerala.

(3) It shall be deemed to have come into force on the 17th day of November, 1999.

2. Definitions. - In this Act, unless the context otherwise requires, -

(a) "animal" means any domestic or captive animal;

(b) "appellate authority" means an appellate authority constituted under section 37;

(c) "building line" means a line on either side of a highway as may be determined by the competent authority under section 18,

(d) "competent authority" means any officer of the Government in Public Works Department appointed by Government by notification in the Gazette to be the competent authority for the purposes of this Act;

(e) "control line" means a line, beyond the building line as may be determined by the competent authority under section 18;

(f) "encroachment" means occupation of a highway or part thereof for purposes other than traffic and any act which causes damage to the highway and includes, -

(i) unauthorised erection of a building or any other permanent or temporary structure, balcony, porches, facades or projections on, over or overhanging the highway;

(ii) occupation of highway, for stacking building materials or goods of any other description, for parking automobiles for maintenance and repair, for exhibiting articles for sale, for erecting poles, awnings, tents, pandals, arches, platforms, rostrums, hoardings, display boards statues, monuments of all kinds, steps, ramps and other similar structures or stabling domestic animals and poultry and cultivation of any kind including horticulture or for any other purpose;

(iii) excavation or embankment of any sort made or extended on any highway;

(iv) dumping of waste and filthy materials which may cause hygienic and environmental hazards, letting of waste and polluted water or other effluents into the highway and using the highway for bathing, washing, watering and defecating;

(v) blocking, closing, choking or restricting water flow along the sides of the highway or across it, either free flow or guided flow through drains, channels, conduits, sewers, cross drainage works such as culverts, weirs, under tunnels, bridges, or aqueducts; and

(vi) blocking or closing of channels, streams or any water course which passes through any property, either private or public, and forming part of a natural water course which may result in accumulation of water on a highway causing damage to road crust;

(g) "Government" means the Government of Kerala;

(h) "highway" means any road, way or land declared as a highway under section 3 and includes any land acquired or demarcated for construction of a highway;

(i) "highway authority" means the highway authority appointed under section 4;

(j) "national highway" means any national highway in the State included in the schedule to the National Highways Act, 1956 (Central Act 48 of 1956) or any highway declared as a national highway under sub-section (2) of section 2 thereof,

(k) "prescribed" means prescribed by rules made under this Act:

(l) "ribbon development" means growth of buildings and industrial and commercial establishments linearly along a highway with direct access to the highway;

(m) "right of way" in relation to a highway means the land within its boundaries;

(n) "standard width of highway", means the width of a highway as may be specified under section 17;

(o) "State" means the State of Kerala;

(p) "survey" includes all operations incidental to the determination, measurement and record of a boundary or boundaries for preparation and implementation of a highway scheme or highway development and includes a resurvey;

(q) "survey mark" means any mark or object erected, made, employed or specified by a highway authority to indicate or determine or assist in determining the position or level of any point or points,

(r) "vehicle" includes any wheeled conveyance drawn, propelled or driven by any kind of power including human, animal, motor, steam or electric power, and includes any barrow, plough or like vehicle.