Recovery of cost of removal of encroachment

(1) Whenever the Highway Authority or the officer authorised under sub-section (1) of section 21 has, under provision of section 23, removed any encroachment or carried out any protective works 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 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 the 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 charge incurred and such a certificate shall be conclusive proof that the charge had actually been incurred. (4) The material, 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 paid 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 the materials or if there are no materials to be disposed 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 person as an arrear of land revenue.