Section 10: Improvement line for widening road

10. Improvement line for widening road (1) Where, in the opinion of a highway authority— (a) a road for which it is responsible is narrow or inconvenient, or without any sufficiently regular boundary line; or (b) it is necessary or desirable that the road be widened, the authority may prescribe, in relation to one side or both sides of the road, or at or within a distance of 15 yards from any road corner, an improvement line to which the road is to be widened. [Issue 3] R28 – 6 Revised Laws of Mauritius (2) (a) Subject to subsection (3), where an improvement line prescribed under subsection (1) is in force, no new structure shall be erected and no permanent excavation below the level of the road shall be made, nearer to the centre line of the road than the improvement line, except with the consent of the authority which prescribed the line. (b) The authority may give its consent for such period and subject to such conditions as it thinks expedient. (c) The prohibition imposed by this subsection shall not apply to undertakers’ works. (3) Where an improvement line has been prescribed, any person aggrieved by the decision to prescribe the line, or by the refusal of consent under subsection (2), or by the period for which the consent is given, or any condition attached to it, may appeal to the Minister, whose decision shall be final. (4) A highway authority may revoke an improvement line which it has prescribed, where, in the opinion of the authority, such line is no longer necessary or desirable. (5) The First Schedule shall apply to the prescription of an improvement line and to the revocation of the line. (6) No person shall be entitled to recover from the authority which prescribes an improvement line any compensation, unless his property has been injuriously affected by the prescription of the line. (7) No compensation shall be payable under subsection (6) on account of any structure erected, contract made, or other thing done, after the date on which a plan showing the improvement line was deposited in accordance with paragraph 2 of the First Schedule, not being work done for the purpose of finishing a structure, the erection of which had begun before that date, or of carrying out a contract made before that date.