Chapter IV Chapter IV

All lands forming part of a highway which do not already vest in the Government shall, for the purpose of this Chapter, be deemed to be the property of the Government.

(1) No person shall occupy or encroach on any highway within the highway boundaries without obtaining the previous permission in writing of the Highway Authority or an officer authorised in this behalf by the Highway Authority. (2) The Highway Authority or an officer authorised by the Highway Authority in this behalf may, with due regard to the safety and convenience of traffic and subject to such conditions as may be imposed and such rules as may be prescribed by the Government and on payment of such rent or other charges as may be prescribed under such rules, permit any person;— (i) to place a temporary encroachment on any highway in front of any building owned by him or make a temporary structure overhanging the highway, or (ii) to put up a temporary awning or tent, pandal or other similar erection or a temporary stall or scaffolding on any highway, or (iii) to deposit or cause to be deposited building materials, goods for sale or other articles on any highway, or (iv) to make temporary excavation for carrying out any repairs or improvements to adjoining buildings: Provided that no such permission shall be deemed to be valid beyond the period of six months unless expressly renewed by the Highway Authority or the authorised officer. (3) The permission so granted shall clearly specify the date upto which the person is authorised to occupy the highway, the purposes for which occupation is authorised and the exact portion of the highway permitted to be occupied, and shall also be accompanied by a plan or sketch of that portion of the highway, if necessary. (4) The person in whose favour such a permission has been given shall produce the permit for inspection whenever called upon to do so by the Highway Authority or an

(1) The Highway Authority may cancel any permission granted under section 21— (a) if any rent or charge is not duly paid. (b) if the purpose for which the permission was given has ceased to exist. (c) in the event of any breach by the holder of such permission or any terms or conditions of such permission. (d) if the land on which such encroachment has been made is required for any public purpose or such encroachment is causing impediment or danger to traffic. (2) Where the permission has been cancelled under clause (b) or (d) of sub-section (1), any rent or charge paid in advance shall be refunded to the holder of such permission less the amount, if any, due to the Government.

(1) When as a result of check of highway boundaries made or otherwise, it transpires that an encroachment has taken place on a highway, the Highway Authority or the officer authorised under sub-section (1) of section 21 shall serve a notice on the person responsible for the encroachment or his representative requiring him to remove such encroachment and restore the land to its original conditions before the encroachment within the period specified in the notice. (2) The notice shall specify the land encroached upon and the time limit within which such encroachment shall be removed and shall also state that failure to comply within the specified period shall render the person liable to prosecution and also to summary eviction. (3) If the encroachment is not removed within the time limit specified in the notice and no valid cause is shown for non-compliance, the Highway Authority or the authorised officer referred to in sub-section (1) may prosecute such person before the appropriate Magistrate for his having made or caused the encroachment and for his failure to remove it within the specified time. (4) Where the encroachment is made for the purpose of exposing articles for sale, opening temporary booths for vending or other like purpose of a trivial nature, the Highway Authority or the authorised officer referred to in sub-section (1) may, with the help of the police, if necessary, have such encroachment summarily removed without issuing a notice as required by sub-section (1) or in lieu of removal of the encroachment, may give the person responsible for the encroachment option of executing a lease in favour of the Highway Authority on payment of rent for the area encroached upon. (5) When the encroachment is of a temporary nature and can easily be removed but is not such as can be described as trivial within the meaning of sub-section (4), the Highway Authority or the authorised officer referred to in sub-section (1), may, in addition to or in lieu of prosecuting the person responsible for the encroachment under sub-section (3), have the encroachment summarily removed with the assistance of the police, if necessary. (6) Where the encroachment is of such a nature that its immediate removal is considered essential in the interests of safety of traffic on the highway or the safety of any structure forming part of the highway, the Highway Authority or the authorised officer referred to in sub-section (1) may, in addition to prosecution of the person under sub-section (3), either— (i) have such protective work, as may be feasible at a reasonable cost, carried out so as to minimise the danger to traffic on the highway, or (ii) have the encroachment removed with the help of the police, if necessary.

Where the person on whom notice to remove an encroachment has been served under sub-section (1) of section 23 lays claim that the land in respect of which encroachment has been alleged in his property or that he has acquired a right over it by virtue of adverse possession or otherwise, he shall, within the time-limit prescribed in the notice for the removal of the encroachment, file an appeal before the Collector under intimation to the Highway Authority or the officer authorised under sub-section (1) of section 21, as the case may be. The Collector shall after due enquiry record his decision in writing and communicate the same to the appellant and the Highway Authority or such officer. The Highway Authority or such officer shall till then desist from taking further action in the matter.

(1) Whenever the Highway Authority or the officer authorised under sub-section (1) of section 21 has under the provisions of section 23, 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 bill, representing the expenditure incurred 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 up the amount within a specified period to the Authority mentioned in the bill. (3) The bill 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 bill represents the charges incurred and such a certificate shall be conclusive proof that the charges had actually been incurred. (4) The materials, if any, recovered as a result of the removal of any encroachment shall be handed over to the person responsible for the encroachment on payment of the amount of the bill by him but in the event of his failure to pay up the amount within the specified period, the materials may be auctioned and after deducting the amount of the bill 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 billed for, the excess over the amount realised by the sale of materials, or if there are no materials to dispose of and the billed amount has not been paid by the person responsible for the encroachment within the specified period, the entire amount of the bill shall be recovered from such persons as an arrear of land revenue.