133. [ Removal of obstruction. [Substituted by M.P. Act No. 23 of 2018]
(1)If a Tahsildar finds that any encroachment or obstruction impedes the tree use of a recognised road or path including those roads and paths recorded in the village Wajib-ul-arz or common land of a village or impedes the road or water course or source of water or drainage of water which has been the subject of a decision under section 131, he may order the person responsible for such encroachment or obstacle to remove it.(2)If such person fails to comply with the order passed under subsection (1). the Tahsildar may cause the encroachment or obstacle to be removed and may recover from such person the cost of removal thereof and such person shall be liable, under the written order of the Tahsildar stating the facts and circumstances of the case, to a penalty which may extend to ten thousand rupees.(3)If any person fails to remove the encroachment or obstruction for more than seven days after the date of order of removal thereof under subsection (1), then without prejudice to the penalty that may be imposed under sub-section (2), the Sub-Divisional Officer shall cause him to be apprehended and shall send him with a warrant to be confined in a civil prison for a period of fifteen days in case of first order of removal of encroachment or obstruction and six months in case of second or subsequent order of removal of encroachment or obstruction :Provided that no action under this sub-section shall be taken unless a notice is issued calling upon such person to appear before the Sub-Divisional Officer on a day to be specified in the notice and to show cause why he should not be committed to the civil prison :Provided further that the Sub-Divisional Officer may order the release of such person from detention before the expiry of the period mentioned in the warrant if he is satisfied that the encroachment or obstruction has been removed :Provided also that no woman shall be arrested or detained under this section.]
