**Executive Summary**
This document is a Bill (L.A. BILL No. XXVII OF 2025) introduced in the Maharashtra Legislative Assembly on March 20, 2025, to amend the Maharashtra Highways Act. The Bill aims to empower the State Government to extend the period for land acquisition declaration and to validate notifications issued between March 1, 2024, and March 31, 2024, that had lapsed. The effective date for certain provisions is deemed to be March 1, 2025.
**Key Points / Main Content**
* **Amendment to Section 18 of Maharashtra Highways Act:**
* Allows the State Government to extend the one-year period for publishing the declaration for land acquisition by up to one year if circumstances justify the extension.
* Any decision to extend the period must be recorded in writing and published in the Official Gazette and local newspapers (one in vernacular language).
* **Saving Clause:**
* Notifications issued under sub-section (2) of section 15 of the principal Act between March 1, 2024, and March 31, 2024, which ceased to be operative, are deemed to continue in effect.
* The continued effect is from the dates they ceased to be operative and for a further period of one year from the commencement of the Maharashtra Highways (Amendment) Act, 2025.
* Actions taken under these notifications are deemed valid and cannot be questioned in court or by any authority.
**Impact Analysis**
**Stakeholder: State Government**
* **Impact:** Has increased authority regarding land acquisition timelines and validation of past actions.
* **Action Required:** Utilize the extended period for land acquisition declaration when justified, ensure proper recording and notification of extension decisions, and implement the provisions of the Act for ongoing and future land acquisition processes.
**Stakeholder: Land Acquisition Officers**
* **Impact:** Must adhere to amended timelines for the declaration of land acquisition
* **Action Required:** Publish the decisions to extend period in the Official Gazette and local newspapers.
**Stakeholder: Citizens/Landowners affected by highway projects**
* **Impact:** Potential for continued land acquisition processes based on previously lapsed notifications.
* **Action Required:** Stay informed about notifications and their rights related to land acquisition processes.
Key Entities Referenced
Maharashtra Highways Act: The principal Act being amended by this bill, relating to highways in Maharashtra.
Maharashtra Highways (Amendment) Act, 2025: The Act that amends the Maharashtra Highways Act.
Maharashtra Legislative Assembly: The legislative body in which the Bill was introduced.
Official Gazette: The official publication where notifications related to land acquisition are published.
Mumbai: The location where the Statement of Objects and Reasons was dated.
महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग पाच-अ, माचच २०, २०२५/फााल्गुन २९, शाकेे १९४६ 1
RNI No. MAHBIL /2009/40123
महाारााष्ट्र� शाासन रााजपत्र
असाधााराण भााग पाच-अ
वर्षच ११, अंके ६(२)] गुरुवारा, माचच २०, २०२५/फााल्गुन २९, शाकेे १९४६ [पष्ृठे े४, किंकेमं त : रुपये े३६.००
असाधााराण क्रमांके ९
प्रााकिंधाकेृत प्राकेाशान
महाारााष्ट्र किंवधाानसभाेत व महाारााष्ट्र किंवधाानपरिरार्षदेेत सादेरा केेलेेलेी किंवधाेयेकेे (इंंग्रजी अनुवादे).
MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the 20th March,
2025 is published under Rule 117 of the Maharashtra Legislative Assembly Rules :—
L. A. BILL No. XXVII OF 2025.
A BILL
further to amend the Maharashtra Highways Act.
LV of WHEREAS it is expedient further to amend the Maharashtra Highways
1955. Act for the purposes hereinafter appearing; it is hereby enacted in the Seventy-
sixth Year of the Republic of India as follows :—
1. This Act may be called the Maharashtra Highways )Amendment( Act, Short title.
2025.
LV of 2. In section 18 of the Maharashtra Highways Act )hereinafter referred to Amendment of
1955. “the principal Act”(, in sub-section )3(, after the proviso, the following provisos section 18 of LV
of 1955.
shall be added and shall be deemed to have been added with effect from the
1st March 2025, namely :—
)1(
(शाा.म.मु.) भााग पााच-अ-९–१ (९२०—३-२०२५)2 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग पाच-अ, माचच २०, २०२५/फााल्गुन २९, शाकेे १९४६
“Provided further that, the State Government may extend the said
period upto one year, if it is of the opinion that the circumstances exist
justifying the same :
Provided also that, any such decision to extend the period shall be
recorded in writing and the same shall be notified in the Official Gazette and
the Land Acquisition Officer shall cause the substance of the notification to
be published in two local newspapers, one of which will be in a vernacular
language.”.
Saving. 3. Notwithstanding anything contained in section 18 of the principal
Act,—
)1( the notifications issued by the State Government under sub-section )2(
of section 15 of the principal Act during the period commencing from the
1st March 2024 and ending on the 31st March 2024, which have ceased
to be operative due to lapse of period of one year as per the provisions of
sub-section )3( of section 18, shall be deemed to be continued to be operative
and in effect,—
)i( from the dates on which they have ceased to be operative ; and
)ii( for a further period of one year from the date of commencement Mah.
of the Maharashtra Highways )Amendment( Act, 2025 ; and of 2025.
)2( anything done or any action taken under such notifications, shall be
deemed to have been validly and legally done or taken, as per the provisions
of the principal Act, and shall not be called in question before any Court
or authority on the ground that such notifications are not operative and
in effect.महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग पाच-अ, माचच २०, २०२५/फााल्गुन २९, शाकेे १९४६ 3
STATEMENT OF OBJECTS AND REASONS
The Maharashtra Highways Act )LV of 1955( is enacted 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.
2. Section 15 of the said Act provides that where the State Government
is satisfied that for a public purpose any land is required for the building,
maintenance, management or operation of a highway or part thereof, it may,
by notification in the Official Gazette, declare its intention to acquire such land.
Section 18 of the said Act provides that the State Government shall, within a
period of one year from the date of declaration of its intention to acquire such
land, declare, by notification in the Official Gazette, that the land should be
acquired for the purposes mentioned in section 15. It is further provided in the
said section that where in respect of any land, a notification has been published
under sub-section )2( of section 15 for its acquisition but no declaration under
sub-section )1( has been published within a period of one year from the date
of publication of that notification, the said notification shall cease to have any
effect.
3. However, due to increased workload of other urgent Government
business, the proceedings before certain land acquisition officers could not be
completed within time. Therefore, it is not possible to publish the declaration
for land acquisition within a period of one year as provided under section 18 of
the said Act in some cases. The Government therefore considers it expedient to
amend section 18 of the said Act to empower the State Government to extend
the said period of one year for publishing declaration if the State Government
is of the opinion that the circumstances exist justifying the same, on the lines
of the provisions of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 )30 of 2013(.
4. In order to continue the operations of the notifications issued during
the period from the 1st March 2024 to 31st March 2024, which have ceased to
be operative, for a further period upto one year from the date of commencement
of the proposed Bill, saving clause is provided in clause 3 of the Bill.
5. The Bill seeks to achieve the above objectives.
Mumbai, EKNATH SHINDE,
Dated the 19th March, 2025. Deputy Chief Minister
)Public Works(.4 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग पाच-अ, माचच २०, २०२५/फााल्गुन २९, शाकेे १९४६
MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposal for delegation of legislative power, namely :—
Clause 2.—Under this clause, which seeks to insert new provisos in section 18 of the Maharashtra
Highways Act, power is taken to the State Government, to notify in the Official Gazette, the decision
to extend the period of one year within which the declaration of land aquisition is required to be
published under said section by further period upto one year.
2. The above-mentioned proposal for delegation of legislative power is of a normal character.
Vidhan Bhavan : JITENDRA BHOLE,
Mumbai, Secretary )1( )I/C(,
Dated the 20th March, 2025. Maharashtra Legislative Assembly.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,
RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,
MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.