Chapter VI PREVENTION OF UNAUTHORISED OCCUPATION

(1) No person or legal entity shall occupy or encroach upon any highway land or discharge any material through a drain on such land without obtaining prior permission, in writing, from an officer authorised by the State Government in this behalf. (2) The officer authorised under sub-section (1) may, on an application made by a person or legal entity in this behalf and having regard to the safety and convenience of traffic, grant permission to such person or legal entity,- (i) to place a movable structure on the highway in front of any building owned by him or legal entity or to make a movable structure on support of such building and over the highway; or (ii) to put up a temporary awning or tent or other similar construction or a temporary stall or scaffolding on the highway; or (iii) to deposit or cause to be deposited, building materials, goods for sale or other articles on any highway; or (iv) to make a temporary excavation for carrying out any repairs or improvements to adjoining buildings, and such permission shall be granted subject to the conditions and on payment of the rent and other charges by issuing permit in the form as may be prescribed: Provided that no such permission shall be valid beyond a period of one month at a time from the date on which the permission has been granted unless it is renewed by such officer on an application made by such person or legal entity for the renewal of the permission. (3) The permission granted under sub-section (2) shall specify therein- (i) the time up to which the permission is granted; (ii) the purpose of such permission; (iii) the portion of the highway in respect of which the permission has been granted, and shall be accompanied with a plan or sketch of such portion of the highway. (4) The person or legal entity, to whom the permit has been issued under sub-section (2), shall produce the permit for inspection whenever called upon to do so by any officer of the State Government or the Authority and shall, on the expiry of the permission granted under such permit, restore the portion of the highway specified in the permit in such condition as it was immediately before the issuing of such permit and deliver the possession of such portion to the officer who issued such permit. (5) The officer issuing the permit under sub-section (2) shall maintain a complete record of all such permits issued, and shall also ensure in every case at the expiration of the period up to which the permission under a permit is granted under that sub-section that the possession of the portion of the highway in respect of which such permission was granted has been delivered to such officer. (6) Where an officer authorised by the State Government in this behalf is of the opinion that it is necessary in the interest of traffic safety or convenience to cancel any permit issued under sub-section (2), it may, after recording the reasons in writing for doing so, cancel such permit and, thereupon, the person to whom the permission was granted shall, within the period specified by an order made by such officer restore the portion of the highway specified in the permit in such condition as it was immediately before the issuing of such permit and deliver the possession of such portion to such officer and in case such person fails to deliver such

The State Government or an officer authorised by the State Government in this behalf may, having regard to the safety and convenience of traffic and subject to such conditions as may be prescribed and on payment of prescribed rent or other charges, grant lease or licence of highway land to a person or legal entity for temporary use: Provided that no such lease shall be valid for more than five years at a time from the date on which such lease has been granted unless renewed by the State Government or such officer.

(1) Where an officer authorised by the State Government in this behalf has removed any unauthorised occupation or made any construction including alteration of construction in respect of any unauthorised occupation or repaired any damage under sub-section (2) of section 27, the expenditure incurred in such removal or repair together with fifteen per cent of additional charges or any fine imposed under this Act shall be recoverable in the manner hereinafter provided in this section. (2) The officer authorised by the State Government in this behalf shall serve a copy of the bill in the prescribed form indicating therein the expenditure, additional charges or fine recoverable under sub-section (1) on the person from whom such expenditure, additional charges or fine is recoverable and the provisions of section 32 relating to the service of notice shall apply for the service of copy of the bill under this sub-section as if for the word “notice” the word “bill” has been substituted in that section. (3) A copy of the bill referred to in sub-section (2) shall be accompanied with a certificate issued by the officer authorised by the State Government in this behalf and the amount indicated in the bill shall be the conclusive proof that such amount is the expenditure actually incurred for all or any of the purposes referred to in sub-section (1) as indicated in the bill. (4) Where the officer authorised by the State Government in this behalf has removed any unauthorised occupation or made any construction including alteration of construction in respect of any unauthorised occupation or repair any damage under sub- section (2) of section 27, the material, if any, recovered as a result of such removal, construction, alteration or repair shall be retained in possession of the State Government or such officer till the payment of the bill in respect thereof served under sub-section (2) and on payment of such bill such material shall be returned to the person or legal entity entitled for the material, but in case of the failure of such payment within the time specified for the payment in the bill, the material may be sold by auction by the State Government or such officer and after deduction of the amount payable under the bill from the proceeds of the auction, the balance, if any, shall be returned to the person entitled therefor. (2) The officer authorised by the State Government in this behalf shall serve a copy of the bill in the prescribed form indicating therein the expenditure, additional charges or fine recoverable under sub-section (1) on the person from whom such expenditure, additional charges or fine is recoverable and the provisions of section 32 relating to the service of notice shall apply for the service of copy of the bill under this sub-section as if for the word “notice” the word “bill” has been substituted in that section. (3) A copy of the bill referred to in sub-section (2) shall be accompanied with a certificate issued by the officer authorised by the State Government in this behalf and the amount indicated in the bill shall be the conclusive proof that such amount is the expenditure actually incurred for all or any of the purposes referred to in sub-section (1) as indicated in the bill. (4) Where the officer authorised by the State Government in this behalf has removed any unauthorised occupation or made any construction including alteration of construction in respect of any unauthorised occupation or repair any damage under sub- section (2) of section 27, the material, if any, recovered as a result of such removal, construction, alteration or repair shall be retained in possession of the State Government or such officer till the payment of the bill in respect thereof served under sub-section (2) and on payment of such bill such material shall be returned to the person or legal entity entitled for the material, but in case of the failure of such payment within the time specified for the payment in the bill, the material may be sold by auction by the State Government or such officer and after deduction of the amount payable under the bill from the proceeds of the auction, the balance, if any, shall be returned to the person entitled therefor. (5) In case where the proceeds of the auction under sub- section (4) is less than the amount recoverable under the bill referred to in that sub-section, the difference between such proceeds and the amount so recoverable or where no such auction has been made, the amount recoverable under the bill shall, in case of failure of the payment within the time specified in the bill, be recoverable as the arrears of land revenue.