Responsibility for damage to highway

(3) The Highway Authority shall be entitled to recover the cost of repairs from the person responsible for the damage as per the procedure prescribed. The penalty for such damage shall be as provided under Section 33. (1) Notwithstanding any thing contained in any other enactment for the time being in force, no person other than the Highway Authority or any person authorised by it shall construct or carry any cable, wire, pipe, drain sewer, channel of any kind through, across, under or over any highway, except with the permission in writing of the Highway Authority. (2) In giving its consent the Highway Authority may impose such conditions as it may deem fit, and may also impose a rent or other charge for land forming part of the Highway, occupied by or applied to the proposed work. (3) If any person constructs or carries out any work in contravention of sub-section (1), the Highway Authority may arrange for the removal of such work and restoration of the Highway to its former condition in accordance with the provisions of section 33 as if the work constituted an encroachment on the highway and such expenses, as the Highway Authority may incur for this purpose shall, without prejudice to any other action that may be taken against such persons, be recovered form him in accordance with the procedure provided in section 35 in so far as that procedure is applicable.