Restrictions on use of land in controlled area

(1) Save as provided in Section 33, no person shall use any land within the controlled area for any purpose other than the purpose for which it was being used on the date of notification under Section 33 without the permission of the State Government. (2) No person shall erect any building or make any construction or modification within the controlled area without the written permission of the State Government. (3) Any person desiring to obtain permission under sub-section (1) shall make an application to the State Government in such form and manner as may be prescribed. (1) Whenever the Highway Authority or any officer authorised under section 33 has removed any encroachment or carried out any protective work in respect of any encroachment, the expenditure involved shall be recovered from the person responsible for the encroachment in the manner hereinafter provided. (2) A statement of the expenditure incurrecj shall be served by the Highway Authority or the authorised officer referred to in sub-section(1) on the person responsible for the encroachment or his representative with a direction to pay the amount within a specified period to the authority mentioned therein. (3) The statement shall be accompanied by a certificate from the Highway Authority or the authorised officer referred to in sub-section(1) to the effect that the amount of expenditure indicated in the statement represents the charges incurred and such cerfificate shall be conclusive proof of the fact that the charges have actually been incurred. (4) The material, if any, recovered as a result of the removal of the encroanchment on payment of the amount with the specified period and if such payment is not made, the material may be auctioned and after deducting the amount due from the proceeds, the balance, if any, shall be made over to such person. (5) If the proceeds of the auction sale do not cover the total amount due, for the excess over the amount realised by the sal~ of material or if there is no material to dispose of and due amount has not been paid by the person responsible for the encroachment within the specified period the entire amount due shall be recovered from such person as an arrear of land revenue.