State Act

The Gujarat Land Revenue Code, 1879

37A. (1) Whenever it appears to the 4[State Government] that any public road, lane or path which is the property of 5[the State Government] or part thereof, is not required for the use of the public the 3[State] Government, may, by a notification published in the 6[Official Gazette], make declaration to such effect stating in such declaration that it is proposed that the rights of the public as well as of all individu-als in or over any such road, lane or path, or part thereof, as the case may be, shall be extinguished. On the publication of such notification, the Collector shall, as soon as possible, cause public notice of such declaration to be given at convenient places on, or in the vicinity of, such road, lane or path, or part thereof, as the case may be. Such declaration and notice shall specify, as far as practicable the situation and limits of such road, lane or path, or part thereof, and shall invite objections to the aforesaid proposal. (2) Any member of the public or any person having any interest or right in addition to the right of public high way, in or over such road, lane or path, or part thereof, or having any other interest or right which is likely to be adversely affected by the proposal may, within ninety days after the issue of the notification under sub-section (1) state to the Collector in writing his objections to the proposal, the nature of such interest or right and the manner in which it is likely to be adversely affected, and the amount and particulars of his claim to compensation for such interest or right: Provided that the Collector may allow any person to make such a statement after the period of ninety days after the issue of the notification under sub-section (1) if he is satisfied that such person had sufficient cause for not making it within the said period. (3) The Collector shall give every person who has made a statement to him under sub-section (2) an opportunity of being heard either in person or by pleader and shall, after hearing all such persons in such manner and after making such further inquiry, if any, as he thinks necessary, determine the amount of compensation, if any, which should, in his opinion, be given in any case in respect of any substantial loss or damage likely to be caused by the proposed extinction of the rights of the public as well as of individuals as aforesaid. The provisions of sections 9, 10, 11, 12, 13, 14 and 15 of the Land Acquisition Act, 1894, shall, so far as may be apply to the proceedings held by the Collector for the determination of the amount of compensation under this sub-section : Provided that no compensation shall be awarded for the extinction or diminu-tion of the right of public high way over such road, lane or path, or part thereof. (4) The Collector shall submit to the 1[State Government] the record of the proceedings held by him with report containing his recommendations on the objections, if any, received by him and stating the amounts of compensation if any, which, in his opinion, are payable to any persons. (5) If the 1[State Government] is satisfied after considering the record of the proceedings and the report, if any, made under sub-section (4), that the public road, lane or path, or part thereof specified in the notification under sub-section (1) is not required for the use of the public, a declaration shall be published in the 2[Official Gazette] that all rights of the public as well as of individuals in or over such road, lane or path, or part thereof are extinguished; and all such rights shall thereupon be extinguished, and such road, lane or path, or part thereof shall be at the disposal of 3[the 4[Government] ] with effect from the date of such declaration. (6) The decision of the Collector regarding the amount of compensation and the person to whom such compensation, if any, is payable, shall subject to any modification made by the 1[State Government], be final ; and payments shall be made by the Collector to such persons accordingly.