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State of West Bengal - Section

Section 11 in The West Bengal Highways Act, 1964

11. Recovery of cost of removal of encroachment.

(1)Any cost incurred by the Highway Authority or the officer authorised under sub-section (1) of section 10 in removing any encroachment shall be recoverable from the person responsible for the encroachment in the manner hereinafter provided after giving him an opportunity of making any representation he may wish to make in the matter.
(2)A notice of demand for such cost shall be served by such authority or officer on such person requiring payment of the same within such time as may be specified in the notice.
(3)If such person pays the cost of removal within the time specified in the notice referred to in sub-section (2), the materials, if any, obtained on removal of the encroachment shall be made over to him.
(4)If such person fails to pay up the amount of cost within the time specified, such materials may be sold in the manner prescribed and the proceeds appropriated towards the cost of removal, and the balance, if any, shall be made over to such person.
(5)If the proceeds do not cover the amount of cost the deficiency, or if there are no materials to be sold and if the amount of cost has not been paid within the time specified in the notice referred to in sub-section (2), the amount of cost shall be recoverable from the person responsible for the encroachment as a public demand.