116Power to remove obstructions, encroachments and projections in or on public road, etc.

The Nagar Panchayat or as the case may be, the Council may, notwithstanding any proceedings which may have been started against him under this Act, issue a notice requiring any person to remove any building which he may have built or any fence, rail, post or other obstruction or encroachment which he may have erected or stacked, on any part of a public road, house-gully, public drain, sewer, aqueduct, watercourse, ghat or any land vested in the Nagar Panchayat or in the Council and, if such person fails to comply with such requisition within forty-eight hours of the receipt of the same, the Sub-Divisional Magistrate may, on the application of the Nagar Panchayat or of the Council, order that such obstruction or encroachment be removed and thereupon the Nagar Panchayat or the Council may remove any such obstruction of encroachment and the expenses thereby incurred shall be paid by the person who erected or stacked the same.