(1)When, as a result of the annual check of highway boundaries made under Section 10 or otherwise, it transpires that an encroachment has taken place on highway land, the highway authority or any officer authorised in this behalf shall serve a notice on the person responsible for the encroachment or his representative requiring him to remove such encroachment and restore the land to its original condition before encroachment within the period specified in the notice.(2)The notice shall specify the land encroached upon and the time limit within which such encroachment shall be removed and shall also state that failure to comply within the prescribed period shall render the person liable to prosecution and also to summary eviction.(3)If the encroachment is not removed by the person or has representative within the time limit prescribed in the notice and no valid cause is shown by him for non-compliance, the highway, authority or the authorised official may prosecute him before the appropriate magistrate for his having made or caused the encroachment and for his failure to remove it within the prescribed time.(4)Where the encroachment is petty or of trivial nature, e.g., exposing articles for sale, opening temporary booths for vending, etc., the highway authority or the authorised official may with the help of the police if necessary have it summarily removed without the formality of issuing a notice required under sub-section (1), or in lieu of removal of the encroachment shall have the option of executing a lease in favour of the highway authority for payment of rent for the area encroached upon.
