Removal of encroachment

(I) When as a result of checking of the highway boundaries o; Olherwise it is foond thal an encroachment has taken place on a highway. the Highway ft,1thori1y or an) officer authorized in this behalf shall serve a notice on the person responsil>le '·'' the encroachment or on his representative requiring him to remove such encroachment and t"5l0'<; the land to its original condition as it existed before the said encroachment wirhin the perKx: >!JC ·.fi,;d in the ll()(ice . (2) The notice shall specify the land encroached upon and the t:_nir within which such encroachment is to be removed and shall also state that the failure 10 lY:nply within the period specified therein will render the person liable to prosecution and also io "":nmary evicuon, (3) If the encroachment is not removed within the period specif~ ~ in the notice and no valid cause is shown for non compliance. the Highway Authority or the •• ~'!or:red officer referred to in sub-section (I) may request in writing to the Collector to re.nov the eecrocchrnem and thereupon the Collector shall take action for summary eviction as :f ti: · marter falls within the scope of section 61. (4) Where the encroachment is of such a nature that its immedia ~ remove! i:. considered essential in the interest of safety of traffic on the highway or the •~fe,y of any srrueture forming part of the highway and no notice can be served immediately on the p.rson responsible for the encroachment or his representative under sub-section (I) owmg to his rbseoee or for any orher reason. the Highway Authority or the autborized official may, in >tC:diu••n to prosecution of 1he person under sub S"hOn (3). cirh~r'- (i) have such protective work as may be feasible al a reasonable cost carried out so as to minimise the danger 10 traffic on 1he highway. or (ii) have the encroachment removed with the help of the police. 1r necessary.