Section 47 in Chhattisgarh State Rajmarg Adhiniyam, 2003
47. Prevention of observations of view of person using the highway.
(1)Whenever the Highway Authority is of the opinion that it is necessary for the prevention of danger arising from obstructions of the view of person using any bend or comer of the highway, it may, save as otherwise provided in Section 16 serve a notice upon the owner or occupier of land alongside or the bend or corner of such Highway to after within such time and in such manner as may be specified in the notice the height or character of any existing wall (not being a wall forming part of a permanent structure), fence hedge, trees, advertisement-posts, bill-boards or any other obstruction thereon, so as to cause it to conform with any requirements specified in the notice.(2)Reasonable expenses incurred by the owner or occupier complying with the requirement of the notice shall be reimbursed to him, provided the object or obstruction had not been constructed or erected in contravention of any law for the time being in force. Determination of the amount to be reimbursed shall be made by the Highway Authority and its decision in this respect shall be final.(3)No expenses incurred in case of removal of the object of obstruction constructed or erected in contravention of any law or bylaw for the time being in force, shall be reimbursed in complying with the requirement of the notice. Action against concerned person who has constructed or erected the object of obstruction in contravention of any law or bylaw shall also be taken as provided in the relevant law.(4)If any person upon whom a notice has been served under sub- section (1), objects to comply with the requirement of such notice, he may within one month of the receipt send to the Highway Authority, his objection in writing stating the grounds thereof.(5)The Highway Authority shall within one month of the receipt of the objection, consider the grounds advanced and shall by order in writing, withdraw the notice or amend or confirm it.(6)A person aggrieved by an order passed by the Highway Authority under sub-section (5) may prefer an appeal within fifteen days from the date when such order was communicated to him, to the Collector, whose decision in the matter shall be final.(7)(a)If any person fails to comply with the notice served on him under sub-section (1) as amended or confirmed, as the case may be, under sub-section (5), the Highway Authority may take action to after the object causing obstruction of view.(b)Any expenditure incurred by the Highway Authority in altering the object causing the aforesaid obstruction of view shall be recovered from the person concerned if the said object was constructed or erected in contravention to any law in force in this respect, without prejudice to the action provided for in any other law for the time being in force.
