Section 38(3) in Control of National Highways Land and Traffic) Act, 2002
(3)The Highway Administration shall consider the application made under sub-section (1) and if it is satisfied that there is no alternative other than the Highway in respect of which the permission is sought under the application where the land can be found to locate the public utility,it may give permission in writing as sought in the application:Provided that while giving such permission, the Highway Administration may impose such conditions as it may deem fit to protect(i)the Highway from damage; and(ii)the traffic on the Highway from obstruction,and may also impose such fees and other charges as may be prescribed on the person to whom such permission is given in respect of any land forming part of the Highway,occupied or applied to the proposed work or construction under permission and also impose on such person the expenditure, if any, incurred by the Highway Administration for repairing any damage caused to the Highway by laying or shifting of any structure, article or equipment under the permission.
