(7)Where the encroachment is of a permanent nature and has been in existence for some time but not long enough to create a prespective right by adverse possession, and the person responsible for the encroachment or his representative has not arranged for its removal even after he has been prosecuted under sub-section (3) and convicted, a fresh notice for its removal shall be served on him by the highway authority or the officer authorised under sub- section (1), and in the event of his failure to comply with that notice also, the highway authority or the authorised official shall institute a second prosecution against him and simultaneously apply to the magistrate having local jurisdiction to order the removal of the encroachment, and the magistrate shall thereupon have the encroachment removed.
