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State of Chattisgarh - Section

Section 33 in Chhattisgarh State Rajmarg Adhiniyam, 2003

33. Removal of encroachment.

(1)When as a result of checking of the highway boundaries or otherwise it is found that an encroachment has taken place on a highway, the Highway Authority or any officer authorised in this behalf shall serve a notice on a person responsible for the encroachment or on his representative requiring him to remove such encroachment and restore the land to its original condition as it existed before such within the period specified in the notice.
(2)The notice shall specify the land encroached upon and the time limit within which such encroachment is to be removed and shall also state that the failure to comply within the period specified therein will render the person liable to prosecution and also the summary eviction.
(3)If the encroachment is not removed within the period specified in the notice and no valid cause Ls shown for non-compliance, the Highway Authority or the authorised officer referred to in sub-section (1) may request in writing to the Collector to remove the encroachment and thereupon the Collector shall take action for summary eviction as if the matter falls within the scope of Section 60.
(4)Where the encroachment is of such a nature that its immediate removal is considered essential in the interest of safety to traffic on the highway on the safety of any structure forming part of the highway and no notice can be served immediately on the person responsible for the encroachment or his representative under sub-section (1) owing to his absence or for any other reason, the Highway Authority or the authorised official may, in addition to prosecution of the person under sub-section (3), either :-
(i)have such protective work as may be feasible at a reasonable cost carried out so as to minimise the danger to traffic on the highway, or
(ii)have the encroachment removed with the help of the police, if necessary.