38. Prevention of cover structure of view or distraction of attention, of persons using any highway.
(1)Where a highway authority is of opinion that it is necessary for the prevention of danger arising from obstruction of the view or distraction of the attention of persons using any highway, especially any bend or corner of the 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 or remove altogether, within such time and in such a 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, advertisement post, bill board or any other object thereon, so as to eliminate or minimise the apprehended danger.(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 14 days of its receipt send to the highway authority his objection in writing sating the grounds thereof.(3)The highway authority shall, within 14 days of the receipt of the objection consider the grounds advanced and shall, by order in writing, either withdraw the notice or amend or confirm it.(4)If a person is aggrieved by an order issued by a highway authority under sub-section (3), he may prefer an appeal within 7 days of the date of such order to the collector or Chief Revenue Officer of the district, whose decision in the matter shall be final.(5)It any person falls 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 highway authority may take action to alter or remove the object causing obstruction or distraction of view at its own expense, and such expenditure with 15% departmental charges, shall be recovered from, such person in accordance with the provisions of Section 23, without prejudice to any other action which may be taken against him.
