Obstruction, impediment or encroachment on public streets and open spaces

("Obstruction, impediment or encroachment on public streets and open spaces") Section 56. Obstruction, impediment or encroachment on public streets and open spaces —

1. (1) Whoever, within the Gram Panchayat area, on any public street or open spaces or on any drain situated on such street —
   • (a) builds or sets up any wall, fence, bungalow, pillar, stall, veranda, platform, chair, stairs or any other structure; or
   • (b) without the written permission of the Gram Panchayat or contrary to the conditions mentioned in such permission, builds or sets up any veranda, chhajja, room or any other structure in such a way that it projects or hangs over any public street or on any drain situated on such street; or
   • (c) illegally removes earth, sand or any other material from any site; or
   • (d) by unauthorisedly cultivating any grazing land or any other land, creates any obstruction, impediment or encroachment; shall on conviction be punishable with fine which may extend to one thousand rupees and in the case of a continuing offence with further fine which may extend to twenty rupees for every day during which such encroachment, obstruction continues or the projecting part remains after the date of first conviction.
2. (2) Notwithstanding anything contained in sub-section (1), the Gram Panchayat shall have the power to remove any such obstruction or encroachment and to remove any crop unauthorisedly grown on grazing land or any other land which is not private property. It shall have similar power to remove any such unauthorised obstruction or encroachment or projecting part on any open site which is not private property whether such site vests in the Gram Panchayat or not, and the expenses incurred in such removal shall be paid by the person who has made the said encroachment and on failure to pay the expenses, such expenses shall be recoverable from such person as arrears of land revenue: Provided that, notwithstanding anything contained in sub-section
3. (1) and this sub-section, if the Gram Panchayat resolves to remove any obstruction, impediment or encroachment from any land vesting in the State Government, it may notify the Tehsildar to remove such obstruction, impediment or encroachment from such land and the Tehsildar shall take action under the provisions of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959).
4. (3) The Gram Panchayat, notwithstanding anything contained in this section, may on the occasions of festivals and functions, for a period not exceeding ten days, grant permission in such manner as not to cause inconvenience to the public or any individual, for the temporary occupation or any construction or projecting part on any public place in accordance with the bye-laws made under this Act.
5. (4) The Gram Panchayat shall not pass any order in exercise of powers conferred under this section unless a reasonable opportunity of being heard has been given to the person concerned.