Power to remove encroachment

Where the authorized officer is satisfied that any person has made any encroachment on the State Highway or any part thereof, the authorized officer may order the removal of such encroachment within the period specified in the notice issued for this purpose. 1. Notwithstanding the provision of the Chhattisgarh State in this regard no permission for diversion of argicultural land for non agricultural purposes shall be given in the area of the land lying between the Highway boundary and control lines without the prior sanction of the Collector of the district and subject to any general or special direction of the State Government. 2. Notwithstanding any thing contained in any law, custom, agreement or instrument for the time being inforce, on or after the appointed day, the following restrictions shall, subject to the provision of this Act, be inforce that is to say.- no person shall, without the previous permission in writing of the Highway Authority,- (a) upon any land lying between the highway boundary and building line, proposed to be fixed under section (2) or fixed under sub-Section (1) of section 12, as the case may be,- (i) construct, form or layout any means of access to or form Highway; or (ii) materially after any existing building; or (iii) make or extend any excavation, or (iv) erect any building, or (v) construct, form or layout any works, or (b) upon any land lying between the building Line and the control line proposed to be fixed under sub-section(2), or fixed under sub-section (1) of section 12, as the case may be,- (i) construct, form or layout any means of access to or form a Highway, or (ii) erect any building, or (iii) materially alter any existing building, or (iv) make or extend any excavation, or (c) use any building or alter the use of any building already erected in a manner, which will, in any manner whatsoever, infringe any of the provisions of this Act or interfere with use of a highway adjoining the land on which such building is erected. (1) Notwithstanding the provision of the Chhattisgarh State in this regard no permission for diversion of argicultural land for non agricultural purposes shall be given in the area of the land lying between the Highway boundary and control lines without the prior sanction of the Collector of the district and subject to any general or special direction of the State Government. (2) Notwithstanding any thing contained in any law, custom, agreemen! or instrument fo'r the iime being inforce, on or after the appointed day, the following restrictions shall, subject to the provision of this Act, be inforce that is to say.- no person shall, without the previous permission in writing of the Highway Authority,- (a) upon any land lying between the highway boundary and building line, proposed to be fixed under section (2) or fixed under sub-Section (1) of section 12, as the case may be,- (i) construct, form or layout any means of access to or form Highway; or (ii) materially after any existing building; or (iii) make or extend any excavation, or (iv) erect any building, or (v) construct, form or layout any works, or (b) upon any land lying between the building Line and the control line proposed to be fixed under sub-section(2), or fixed under sub-section (1) of section 12, as the case may be,- (i) construct, form or layout any means of access to or form a Highway, or (ii) erect any building, or (iii) materially alter any existing building, or (iv) make or extend any excavation, or (c) use any building or alter the use of any building already erected in a manner, which will, in any manner whatsoever, infringe any of the provisions of this Act or interfere with use of a highway adjoining the land on which such building is erected. (3) Every person desiring to obtain pemiission under subsection (1) shall make an applicatiqn in writing to the Highway Authority in such fomi and containing s1,1ch information as may be prescribed in respect of the building.alteration, excavation, works or means of access, as the case may be, to which the application relates. (4) On receipt of such application, the Highway Authority, after making such enquiries as it may consider necessary, shall by order in writing, either- (a) grant the permission, subject to such conditions, if any, as may be specified in the order, or (b) refuse to grant such permission; (i) Permission under clause (a) of sub-section (1) to the making of an excavation or construction, formation or laying out of works in land for the purpose of repairing, renewing, enlarging or maintaining an underground sewer, drain,electric line, pipe duct or other apparatus shall not be with held nor be made subject to any conditions save such as may be necessary for securing that such sewer, drain, electric line, pipe, duct or other apparatus shall be laid in such manner and such levels that the construction, development or maintenance of a road thereover will not be prevented or prejudicially affected thereby; (ii) Permissin under clause (a) of sub-section (1) to the erection or alteration of a building or the making or extending of any excavation which confomi to the replacements of public health, welfare and safety and convenience of traffic on the adjoining road shall be neither withheld nor made subject to unreasonable conditions; (iii) Permission under clause (b) of sub-section (1) to the reeredtion or alteration of a building which was in existance before the appointed day, shall be neither withheld not made subject to restructions unless such recrection or alteration involves any material alteration to the outside reappearance of the building. (5) If such permission is refused the reasons therefore, shall be recorded and communicated to the applicant; Provided that nothing therein contained shall debar a person from making a fresh application after omitting there from the objectionable features communicated to him as aforesaid on account of which such permission was refused. (6) Whenever an application for permission under the provision to sub-section (5) has been made to the Highway Authority it shall be obligatory for the Highway Authority to dispose of the same within a period of three months. (7) The Highway Authority shall maintain a register with sufficient particulars of all permissions given or refused by it under this section and such register shall be available for inspection free of charge by all persons interested and such persons shall be entitled to take extracts thereform. Explaination :- For the purpose of this section, "appointed day" shall with reference to any Highway boundary, Line or control line, mean- (i) the day on which the notification is published in the official Gazette under sub-section (2) of section 12 proposing to fix such highway boundary, building line or control line ; and (ii) if any modification is made in such highway boundary, building line or control line, the day on which the notification is published undersub-section 1 of section 12 fixing such highway boundary, building line or control line