Restrictions on buildings :-

(1) In the opinion of the Highway Authority with, any person whomsover, infringing any of the provisions of this Act or interfering with the use of the highway adjoining the land on which such building is standing, the Highway Authority as it may consider necessary, shall order in writing either - (a) granting permission, subject to such conditions, if any, as maybe tied in the order, or (b) refusing permission. Provided that- (i) Permission under clause (a) of sub-section (1) to the making of any alteration or the laying out of works in land for the purpose of repairing, renewing, enlarging or maintaining any underground sewer, drain electric line, pipe, duct or other apparatus shall neither be withheld nor made subject to conditions save such as may be necessary for securing that the sewer, drain electric line, pipe, duct or other apparatus shall be laid in such manner and at such levels that the construction, maintenance, development, improvement of the highway shall not be prejudicially affected. (ii) permission under clause (b) of sub-section (1) to the erection or alteration of a building or laying out any means of access to a highway which conform to the requirements of public health and welfare and of safety and convenience of traffic on the adjoining road shall neither be withheld nor made subject to conditions: Provided that in the case of means of access required for agricultural purposes such permission shall neither be withheld nor be made subject to any conditions save such as may be necessary for securing that the means of access shall be used for agricultural purposes only. (iii) permission under clause (b) of sub-section (1) to the re-erection or alteration of a building which was in existence before the appointed day shall neither be withheld nor made subject to restrictions unless such re-erection or alteration involves any material alteration to the outside appearance of the building. (3) If the Highway Authority refuses permission, the reasons therefore shall be recorded and communicated to the applicant. (4) Provided that nothing herein contained shall debar a person from making an application for such permission afresh after the expiry of a period of three months from the death of the date on which such permission was refused. (5) If for the expiration of a period of three months from the date on which an application for such permission with the name and address of the applicant has been made to the Highway Authority, or such further period not exceeding three months as may have been notified by the Highway Authority concerned and no decision has been notified in writing posted or delivered to the applicant at the address, given, except as may otherwise be agreed in writing between the Highway Authority and the applicant, permission shall be deemed to have been given without the imposition by the Highway Authority of any conditions. (6) The Highway Authority shall maintain a register with sufficient particulars of all permissions given or refused by it under this section and the register shall be available for inspection free of charge by all interested persons and such persons shall be entitled to take extracts therefrom. Explanation :- For the purposes of this section, the "appointed day" shall mean - (i) the day on which a notification is published under sub-section (2) of section 7, proposing to fix the highway boundary, building line or control line and (ii) if any modification is made in any such highway boundary building line or control line, the day on which the notification is published under sub-section (1) of section 7 fixing such highway boundary building line or control line.