Recovery of cost of removal or obstruction

(1) Whenever the Highway Authority or any officer authorized under section 34 has under the provisions of section 34 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 statement of the expenditure incurred shall be served by the Highway Authority or the authorized officer referred to in sub section (1) on the person responsible for the encroachment or his representative with a direction to pay the amount within a specified period to the authority mentioned therein.

(3) The statement shall be accompanied by a certificate from the Highway Authority or the authorized officer referred to in sub-section (1) to the effect that the amount of expenditure indicated in the statement represents the charges incurred and such a certificate shall be conclusive proof of the fact that the charges have 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 within the specified period and if such payment is not made, the material may be auctioned and after deducting the amount due from the proceeds, the balance, if any, shal' be made over to such person.

(5) If the proceeds of the auction sale do not cover the total amount due for, the excess over the amount realised by the sale of material or if there is no material to dispose of and due amount has not been paid by the person responsible for the encroachment within the specified period, the entire amount due shall be recovered from such person as an arrear of the revenue.