41. Prevention of obstruction of view of persons using any highway.
(1)Whenever the Highways Authority is of opinion that it is necessary for the prevention of danger arising from obstruction of the view of persons using any highways, at any bend or at any comer of such highway, it may serve a notice upon the owner or occupier of land along side or at the bend or corner of such highway to alter, 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, tree or any other object thereon, so as to cause it to conform with any requirements specified in the notice.(2)If any person upon whom a notice has been served under sub-section (1), objects to comply with any requirement of such notice, he may, within fifteen days from the date of its receipt, send to the Highways Authority his objection, in writing, stating the grounds thereof.(3)The Highways Authority shall, within one month from the date of receipt of the objection, consider the ground advanced and shall, by order in writing, either withdraw the notice or amend or confirm it.(4)If any person is aggrieved by an order issued by the Highways Authority under sub-section (3), he may prefer an appeal within fifteen days from the date of receipt of such order to the State Highways Authority, whose decision in the matter shall be final.(5)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 (3) or (4), the Highways Authority may take such action as may be considered necessary to alter the object. The expenditure incurred for such alteration shall be recovered from such person as an arrear of land revenue, without prejudice to any other action which may be taken, against him.
