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(1) When, as a result of the periodical inspection of highway land or otherwise, the officer authorised by the State Government in this behalf is satisfied that any unauthorised occupation or encroachment has taken place on highway land, such officer shall serve a notice on the person causing or responsible for such unauthorised occupation or encroachment requiring him to remove such unauthorised occupation or encroachment and to restore such highway land in its original condition as before the unauthorised occupation or encroachment within the period specified in the notice. (2) The notice under sub-section (1) shall specify therein the highway land in respect of which such notice is issued, the period within which the unauthorised occupation on such land is required to be removed, the place and time of hearing any representation, if any, which the person to whom the notice is addressed may make within the time specified in the notice and that failure to comply with such notice shall render the person specified in the notice liable to penalty, and summary eviction from the highway land in respect of which such notice is issued, under sub-section (5). (3) The service of the notice under sub-section (1) shall be made by delivering a copy thereof to the person to whom such notice is addressed or to his agent or other person on his behalf or by registered post addressed to the person to whom such notice is addressed and an acknowledgment purporting to be signed by such person or his agent or other person on his behalf or an endorsement by a postal employee that such person or his agent or such other person on his behalf has refused to take delivery may be deemed to be prima facie proof of service. (4) Where the service of the notice is not made in the manner provided under sub-section (3), the contents of the notice shall be advertised in a State level newspaper for the knowledge of the person to whom the notice is addressed and such advertisement shall be deemed to be the service of such notice on such person. (5) Where the service of notice under sub-section (1) has been made under sub-section (3) or sub-section (4) and the unauthorised occupation on the highway land in respect of which such notice is served has not been removed within the time specified in the notice for such purpose and no reasonable cause has been shown before the officer authorised by the State Government in this behalf for not so removing unauthorised occupation, such officer shall cause such unauthorised occupation to be removed at the expense of the State Government, and impose penalty on the person to whom the notice is addressed which shall be two thousand rupees per square meter of the land so unauthorisedly occupied and where the penalty so imposed is less than the cost of such land, the penalty may be extended equal to such cost. (6) Notwithstanding anything contained in this section, the officer authorised by the State Government in this behalf shall have power without issuing any notice under this section to remove the unauthorised occupation on the highway land, if such unauthorised occupation is in the nature of- (a)exposing any goods or article- (i) in open air; or (ii)through temporary stall, kiosk, booth or any other shop of temporary nature, (b) construction or erection, whether temporary or permanent, or (c) trespass or other unauthorised occupation which can be removed easily without use of any machine or other similar device, and in removing such occupation, such officer may take assistance of the police, if necessary, to remove such occupation by use of the reasonable force necessary for such removal. (7) Notwithstanding anything contained in this section, if the officer authorised by the State Government in this behalf is of the opinion that any unauthorised occupation on the highway land is of such a nature that the immediate removal of which is necessary in the interest of- (a) the safety of traffic on the highway; or (b) the safety of any structure forming part of the highway, and no notice can be served on the person responsible for such unauthorised occupation under this section without undue delay owing to his absence or for any other reason, such officer may have such unauthorised occupation removed in the manner specified in sub-section (6). (8) An officer authorised by the State Government in this behalf shall, for the purposes of this section or section 43, as the case may be, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908),while trying a suit, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) issuing commissions for the examination of witnesses; and (d) any other matter which may be prescribed, and any proceeding before such officer shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code, 1860 (Central Act No. 45 of 1860) and such officer shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973(Central Act No. 2 of 1974).
(1) When, as a result of the periodical inspection of highway land or otherwise, the officer authorised by the State Government in this behalf is satisfied that any unauthorised occupation or encroachment has taken place on highway land, such officer shall serve a notice on the person causing or responsible for such unauthorised occupation or encroachment requiring him to remove such unauthorised occupation or encroachment and to restore such highway land in its original condition as before the unauthorised occupation or encroachment within the period specified in the notice. (2) The notice under sub-section (1) shall specify therein the highway land in respect of which such notice is issued, the period within which the unauthorised occupation on such land is required to be removed, the place and time of hearing any representation, if any, which the person to whom the notice is addressed may make within the time specified in the notice and that failure to comply with such notice shall render the person specified in the notice liable to penalty, and summary eviction from the highway land in respect of which such notice is issued, under sub-section (5). (3) The service of the notice under sub-section (1) shall be made by delivering a copy thereof to the person to whom such notice is addressed or to his agent or other person on his behalf or by registered post addressed to the person to whom such notice is addressed and an acknowledgment purporting to be signed by such person or his agent or other person on his behalf or an endorsement by a postal employee that such person or his agent or such other person on his behalf has refused to take delivery may be deemed to be prima facie proof of service. (4) Where the service of the notice is not made in the manner provided under sub-section (3), the contents of the notice shall be advertised in a State level newspaper for the knowledge of the person to whom the notice is addressed and such advertisement shall be deemed to be the service of such notice on such person. (5) Where the service of notice under sub-section (1) has been made under sub-section (3) or sub-section (4) and the unauthorised occupation on the highway land in respect of which such notice is served has not been removed within the time specified in the notice for such purpose and no reasonable cause has been shown before the officer authorised by the State Government in this behalf for not so removing unauthorised occupation, such officer shall cause such unauthorised occupation to be removed at the expense of the State Government, and impose penalty on the person to whom the notice is addressed which shall be two thousand rupees per square meter of the land so unauthorisedly occupied and where the penalty so imposed is less than the cost of such land, the penalty may be extended equal to such cost. (6) Notwithstanding anything contained in this section, the officer authorised by the State Government in this behalf shall have power without issuing any notice under this section to remove the unauthorised occupation on the highway land, if such unauthorised occupation is in the nature of- (a)exposing any goods or article- (i) in open air; or (ii)through temporary stall, kiosk, booth or any other shop of temporary nature, (b) construction or erection, whether temporary or permanent, or (c) trespass or other unauthorised occupation which can be removed easily without use of any machine or other similar device, and in removing such occupation, such officer may take assistance of the police, if necessary, to remove such occupation by use of the reasonable force necessary for such removal. (7) Notwithstanding anything contained in this section, if the officer authorised by the State Government in this behalf is of the opinion that any unauthorised occupation on the highway land is of such a nature that the immediate removal of which is necessary in the interest of- (a) the safety of traffic on the highway; or (b) the safety of any structure forming part of the highway, and no notice can be served on the person responsible for such unauthorised occupation under this section without undue delay owing to his absence or for any other reason, such officer may have such unauthorised occupation removed in the manner specified in sub-section (6). (8) An officer authorised by the State Government in this behalf shall, for the purposes of this section or section 43, as the case may be, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908),while trying a suit, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) issuing commissions for the examination of witnesses; and (d) any other matter which may be prescribed, and any proceeding before such officer shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code, 1860 (Central Act No. 45 of 1860) and such officer shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973(Central Act No. 2 of 1974). <br>