The High Court has directed the National Highways Authority of India (NHAI) and other authorities concerned to ensure that constructions are not allowed in ‘no construction zone’ along the national highways. As per the provisions of the Karnataka Highways Act and a circular issued in 2005, there shall be no construction within 40 metres of the centre of national highway.
In a recent order, a division bench headed by Justice Satish Chandra Sharma directed demolition of constructions put up in Kaup town, Udupi district, on National Highway - 66. The bench cited a December 1999 order of the Karnataka High Court. In this order the court had directed the authorities to strictly abide by the restrictions on such constructions. The rules mandate that there shall be no construction within 40 meters of national highways, state highways and 25 meters from the centre of road in case of district main road.
“In the light of the aforesaid judgment and also keeping in view of the statutory provisions and also as per the circular dated 22 December, 2005, issued by the Government of Karnataka, the buildings constructed crossing the building line have to be demolished to the extent they are crossing the building line.
The other important aspect of the matter is that the authorities who have granted permission for such unauthorised constructions also deserve to be proceeded in accordance with law,” the bench said.
The court directed the government advocate to communicate the order to all the authorities concerned. The bench said that in the case on hand, the Chief Secretary or an officer nominated by the Chief Secretary should hold a fact-finding enquiry for fixing the responsibility on the persons who have granted permission in respect of various buildings.
The bench granted two months to initiate departmental enquiry/criminal prosecution, if law permits in accordance with law.
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