- When, a result of the annual check of highway boundaries made under Section 10, or otherwise, it transpires that an encroachment has taken place on highway land, the highway authority or any officer authorised in this behalf shall serve a notice on the person responsible for the encroachment or his representative requiring him to remove such encroachment and restore the land to its original condition before encroachment which the period specified in the notice.(2)The notice shall specify the land encroached upon and the time limit within such encroachment shall be removed and shall also state that failure to comply within the prescribed period shall render the person liable to prosecution and also to summary eviction.(3)If the encroachment is not removed by the person or his representative within the time-limit prescribed in the notice and no valid cause is shown by him for non-compliance, the high authority or the authorised official may prosecute him before the appropriate magistrate for his having made or caused the encroachment and for his failure to remove it within the prescribed time.(4)Where the encroachment is petty or of trivial nature, e.g. exposing articles for sale, opening temporary booths for vending etc. the highway authority or the authorised official may with the help of the police if necessary have it summarily removed without the formality of issuing a notice as required under sub-section (1), or in lieu of removal of the encroachment option of executing a lease in favour of the highway authority for payment of rent for the area encroached upon.(5)When the encroachment is of a temporary nature and can easily be removed but is not such as can be described as petty or trial within the meaning indicated in sub-section (4), the highway authority or the authorised official may in addition to or in lieu of prosecuting the person responsible for the encroachment under sub-section (3) have the encroachment summarily removed with the assistance of the police, if necessary.(6)Where the encroachment is of such a nature that its immediate removal is considered essential in the interest of safety of traffic on the highway or the safety of any structure forming part of the highway and no notice can be served immediately on the person responsible for the encroachment or his representative under sub-section (1) owing to his absence or for any other reason, the highway authority or the authorised official may, in addition to prosecution of the person under sub-section (3), either-(i)have such protective work as may be feasible at a reasonable cost carried out so as to minimise the danger to traffic on the highway, or(ii)have the encroachment removed with the help of the police, if necessary.(7)Where the encroachment is of a permanent nature and has been in existence for some time but not long enough to create a prespective right by adverse possession, and the person responsible for the encroachment or his representative has not arranged for its removal even after he has been prosecuted under sub-section (3) and convicted, a fresh notice for its removal shall be served on him by the highway authority or the officer authorised under sub- section (1), and in the event of his failure to comply with that notice also, the highway authority or the authorised official shall institute a second prosecution against him and simultaneously apply to the magistrate having local jurisdiction to order the removal of the encroachment, and the magistrate shall thereupon have the encroachment removed.
