(1)Whenever a highway authority or the officer authorised under sub-section (1) of Section 21 has under the provisions of that Section removed any encroachment or carried out any protective work in respect of any encroachment, the actual expenditure involved, together with 15 per cent for overhead charges shall be recovered from the person responsible for the encroachment in the manner hereinafter provided.(2)A bill, representing the actual expenditure and the overhead charges, shall be served by the highway authority or the authorised officer referred to on the person responsible for the encroachment or his representative with a direction to pay up the total amount within a specified date to be authority mention in the bill.(3)The bill shall be accompanied by a certificate from the highway authority or the authorised officer to the effect that the amount of expenditure indicated in the bill represents the charges incurred and such a certificate shall be conclusive proof that the charges had actually been incurred and shall not be questioned in any civil court.(4)The materials, if any, recovered as result of the removal of any encroachment shall be handed over to the person responsible for the encroachment on payment of the bill by him but in the event of his failure to pay up the bill within in the specified date, the materials may be auctioned and after deducting the amount of the bill from the proceeds, the balance if any, shall be made over to him.(5)If the proceeds of the auction sale do not cover the total billed amount, the excess over the amount realised by the sale of materials or if there are no materials to dispose of and the billed amount has not been paid by the person responsible for encroachment within the prescribed date, the entire amount of the bill shall be recovered as arrear of land revenue.
