(1) When, as a result of the annval check of highway Removal of

1. (1) When, as a result of the annval check of highway Removal of boundaries made under section 10, or otherwise, it transpires that amorduch- an encroachment bas taken place on highway land, the highway men authority or any officer authorised in this behalf 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 condition before encroachment which 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 prescribed period shall render the person liable to prosecution and also to summary eviction. (3) If the encorachment is not removed by the person or his representative within the time-limit prescribed in the notice and no valid cause is shown by him for non-compliance, the high authority or the authorised official may prosecute him before the appropriate magistrate for his having made or caused the encroachment and for his failure to remove it within the prescribed time. (4) Where the encroachment is petty or of trivial nature, e.g. exposing articles for sale, opening temporary hooths for vending. etc. the high- way authority or the authorised official may with the help of the police if necessary have it summarily removed without the formality of issuing a notice as required under sub-section (1), or in lien of removal of the encroachment option of executing a lease in favour of the highway authority for payment of rent for the area encroached upoa. . (5) When the encroachment is of a temporary nature and can easily be removed but is not such as can be described as petiy or trival within the meaning indicated in sub-section (4), the highway authority or the authorised official may in addition to or in lien of prosecuting the person responsible for the encroachment under sub-section {3) havs 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 interest of safety of traffic on the highway or the safety of any structure forming part of the highway and no notice can be served immediately on the person responsible for the encroachment or his representative under sub-section (1) owing to his absence or for any other reason, the highway authority or the authorised official may, in addition to prosecution of the person under sub-section (3), either — (i) have such protective work as may be feasible at a rea- sonatle cost carried out so as to minimise the danger to traffic on the highway, or (ii) have the encroachment removed with the help of tbe . police, if necessary. B “ H 16 (7) Where the encroachment is of a permanent nature and has been in existence for some time but not long enough to create a prescriptive right by adverse possession, and the person responsible for the encroachment or his representative has not arranged for its removal even after he has been prosecuted under sub-section (3) and convicted, a fresh notice for its removal shall be served on him by the highway authority or the officer authorised under sub-section (1), and in the event of his failure to comply with that notice also, the highway authority or the authorised official shall institute a second prosecution against him and simultaneously apply to the magistrate having local jurisdiction to order the removal of the encroachment, and. the magistrate shall thereupon have the encroachment removed. Injunction en 22. (1) Where the person on whom: notice to remove an he ghway encroachment has been served under sub-section (1) of Section 21, desist from lays claim that the Jand in respect of which encroachment has been removal of alleged is his property or that he has acquired a prescriptive right enchroach- over itby virtue of adverse possession, he shall within the time limit meat. prescribed in the notice for the removal of the encroachment, file a suit in a competent civil court and also get an injuction on the highway authority to desist from taking further action in the matter till the suit has been disposed of. (2) When such an injuction has been issued, the highway authority or the authorised officer shall suspend further action until the suit filed by the person has been disposed of. Recovery of 23. (1) Whenever a highway authority or the officer authorised Sos of rem under sub-section (1) of Section 21 has under the provisions of that enchoach- Section removed any encroachment or carried out any proteetive ments. work in respect of any encroachment, the actual expenditure involved, together with 15 per cent for overbead charges shall be recovered from the person responsible for the encroachment in the manner hereinafter provided. (2) A bill, representing the actual expenditure and the overhead charges, shall be served by the highway authority or the authorised officer referred to on the person responsible for the encroachment or his representative with a direction to pay up the total amount within a specified date to the authority mentioned in the bill. (3) The bill shall be accompanied by a certificate from the highway authority or the authorised officer 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 and shall not be questioned in any civil court. (4) The materials, if any, recovered as aresult of the removal of any encroachment shall be handed over to the person responsible for the encroachment on payment of the bill by him but in the event of bis failure to pay up the bill within the specified date, the mate- rials may be auctioned and after deducting the amount of the bill from the procceeds, the balance if any, shall be made over to him. ' 17 (5) If the proceeds of the auction sale do not cover the total billed amount, 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 bythe person responsible for encroachment within the prescribed date, the entire amount of the bill shall be recovered as arrear of land revenue. CHAPTER—VI IMPROVEMENT AND MAINTENANCE OF VILLAGE ROADS

boundaries made under section 10, or otherwise, it transpires that amorduch- an encroachment bas taken place on highway land, the highway men authority or any officer authorised in this behalf 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 condition before encroachment which the period specified in the notice.

1. (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 prescribed period shall render the person liable to prosecution and also to summary eviction.
2. (3) If the encorachment is not removed by the person or his representative within the time-limit prescribed in the notice and no valid cause is shown by him for non-compliance, the high authority or the authorised official may prosecute him before the appropriate magistrate for his having made or caused the encroachment and for his failure to remove it within the prescribed time.
3. (4) Where the encroachment is petty or of trivial nature, e.g. exposing articles for sale, opening temporary hooths for vending. etc. the high- way authority or the authorised official may with the help of the police if necessary have it summarily removed without the formality of issuing a notice as required under sub-section (1), or in lien of removal of the encroachment option of executing a lease in favour of the highway authority for payment of rent for the area encroached upoa. .
4. (5) When the encroachment is of a temporary nature and can easily be removed but is not such as can be described as petiy or trival within the meaning indicated in sub-section (4), the highway authority or the authorised official may in addition to or in lien of prosecuting the person responsible for the encroachment under sub-section {3) havs the encroachment summarily removed with the assistance of the police, if necessary.
5. (6) Where the encroachment is of such a nature that its immediate removal is considered essential in the interest of safety of traffic on the highway or the safety of any structure forming part of the highway and no notice can be served immediately on the person responsible for the encroachment or his representative under sub-section (1) owing to his absence or for any other reason, the highway authority or the authorised official may, in addition to prosecution of the person under sub-section (3), either —
   • (i) have such protective work as may be feasible at a rea- sonatle cost carried out so as to minimise the danger to traffic on the highway, or
   • (ii) have the encroachment removed with the help of tbe . police, if necessary. B “ H 16
6. (7) Where the encroachment is of a permanent nature and has been in existence for some time but not long enough to create a prescriptive right by adverse possession, and the person responsible for the encroachment or his representative has not arranged for its removal even after he has been prosecuted under sub-section (3) and convicted, a fresh notice for its removal shall be served on him by the highway authority or the officer authorised under sub-section (1), and in the event of his failure to comply with that notice also, the highway authority or the authorised official shall institute a second prosecution against him and simultaneously apply to the magistrate having local jurisdiction to order the removal of the encroachment, and. the magistrate shall thereupon have the encroachment removed. Injunction en 22. (1) Where the person on whom: notice to remove an he ghway encroachment has been served under sub-section (1) of Section 21, desist from lays claim that the Jand in respect of which encroachment has been removal of alleged is his property or that he has acquired a prescriptive right enchroach- over itby virtue of adverse possession, he shall within the time limit meat. prescribed in the notice for the removal of the encroachment, file a suit in a competent civil court and also get an injuction on the highway authority to desist from taking further action in the matter till the suit has been disposed of.
7. (2) When such an injuction has been issued, the highway authority or the authorised officer shall suspend further action until the suit filed by the person has been disposed of. Recovery of 23. (1) Whenever a highway authority or the officer authorised Sos of rem under sub-section (1) of Section 21 has under the provisions of that enchoach- Section removed any encroachment or carried out any proteetive ments. work in respect of any encroachment, the actual expenditure involved, together with 15 per cent for overbead charges shall be recovered from the person responsible for the encroachment in the manner hereinafter provided.
8. (2) A bill, representing the actual expenditure and the overhead charges, shall be served by the highway authority or the authorised officer referred to on the person responsible for the encroachment or his representative with a direction to pay up the total amount within a specified date to the authority mentioned in the bill.
9. (3) The bill shall be accompanied by a certificate from the highway authority or the authorised officer 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 and shall not be questioned in any civil court.
10. (4) The materials, if any, recovered as aresult of the removal of any encroachment shall be handed over to the person responsible for the encroachment on payment of the bill by him but in the event of bis failure to pay up the bill within the specified date, the mate- rials may be auctioned and after deducting the amount of the bill from the procceeds, the balance if any, shall be made over to him. ' 17
11. (5) If the proceeds of the auction sale do not cover the total billed amount, 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 bythe person responsible for encroachment within the prescribed date, the entire amount of the bill shall be recovered as arrear of land revenue. CHAPTER—VI IMPROVEMENT AND MAINTENANCE OF VILLAGE ROADS