(1) Where, in pursuance of clause (3) of Section? or in Procedure tor

exercise of Section 39, a highway authority desires permanently to When high. close down apy highway or part thereof, it shall give notice of way autho its intention so to do in the official gazette, acd shall cause further rity wishes publicity to be given to the notice in the manner prescribed under permanently sub-section (4) of Section 11. Tose a0¥

1. (2) The notice shall indicate the alternative route, if any, which is proposed to be provided or which may already be in existance, and shall also invite objections, if any, to the proposal to be submitted within such time as may be specified.
2. (3) The highway authority shall finalise its proposal to ciose down “any highway or part of it after considering the objections, if any, received within the specified time, and shall submit the final proposal to the State Government for approval together with such objections as may have been received against the proposal,
3. (4) The State Government may either approved the proposal, with or without modifications, or reject it.
4. (5) When the State Government has approved the proposal, it shall publish its orders in the official gazette.
5. (6) When the orders of the State Government have appeared in the official gazette, the highway authority shall arrange for further publicity to be given to the orders in the manner prescribed under sub-section (4) of Section 11 and .the highway or pari thereof shall then be closed. 26
6. (7) Whenever any highway or any part thereof has been sO closed. reasonable compensation shall be paid to every person who was entitled, otherwise than as a mere member Of the public, to use such highway of part as a means Of access to or from his property and has suffered damage for such closing. .
7. (8) Where an alternative route nas been provided or is already in existence, the amount of compensation payable to any person under sub-section (7) shall in no case exceed the cost of laying a new means of access from his property to such alternative route.
8. (9) Where compensation is payable undet sub-section (7) the claimant shall, within 3 months of the losing of the highway or part, make to the State Government his claim for ‘compensation; and such claim shall _be disposed of in ‘accordance with the provisions of Sections 17 (3) and 18 (1: Cousent of 43. (1) Notwitbstanding anything contained in any otber cnactment frre for the time being ja force, HO person other than a highway authority tequired to OT its authorised agent shall construct or carry any cable, wire, pipe, do certain drain sewer Of channel of any kind through, across, under or Over cts on any highway, except with the specific consent of the highway ‘highways: authority. @ In giving jts consent, the highway authority may impose such conditions as it may deem to be necessary and may also impose a rent or other charge for any land forming part of the highway occupied by of applied to the proposed work.
9. (3) 1f apy person constructs or carried out any work in contra- vention of sub-section (1), the highway authority may arrange for the removal of such work and restoration of the highway to its former condition in accordance with the provisions of Section 21 as if the work constituted an encroachment on the highways and such expenses as the highway authority may incur for this purpose, together with 15% departmental charges thereon, shall, without prejudice to amy other action that may be taken agailst such person, be recovered from him in accordance with the procedure prescribed under Section 23 in so far as that procedure is applicable. Prevention 44. (1) No person, shall wilfully or negligently cause, or allow

ot rectife any vehicle or mimal in his charge to cause any damage to any

cation o highway. highway.

1. (2) Where in contravention of sub-section (1) any damage has been caused to any highway, the ‘highway authority shall have the damage repaired and the expenses jnvolved, together with 15% departmental charges, shail, without prejudice to any other action that may be taken against the person responsible for the contravention of sub-section (1), be recovered from him in accordance with the procedure: prescribed under Section 23 in so far that procedure is applicable: i | CHAPTER—X SURVEY OF HIGHWAY LANDS AND HIGHWAY BOUNDARIES FOR PREPARATION OF AUTHORITATIVE PLANS