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State of Assam - Section

Section 20 in The Assam Highway Act, 1989

20. Prevention of unauthorized occupation of highway land.

(1)No person shall occupy or encroach on any highway land without obtaining the previous permission in writing of the highway authority or any officer authorised by the highway authority in this behalf.
(2)The highway authority or the authorised offer may, with due regard to the safety and convenience of traffic and subject to such conditions as may be imposed and rules as may be prescribed by the State Governments and on payment of such rent or other charges as may be prescribed under rules, permit any person ;
(i)to place a movable encroachments on any highway in front of any building owned by him or make a movable structure overhanging the highway,
(ii)to put up a temporary awning or tent, pandal or other similar erections or a temporary stall or scaffolding on any highway, or
(iii)to deposit or cause to be deposited building materials, goods for sale or other articles on and highway, or
(iv)to make a temporary excavation, for carrying out any repairs or improvements to adjoining buildings ;
Provided that no such permission shall be deemed to be void beyond a period of one year unless expressly renewed by the highway authority or the authorised officer.
(3)The permission so granted shall early specify the date up to which the person is authorised to occupy the highway land, the purposes for which occupation is authorized and the exact portion of the highway permitted to be occupied, and shall also be accompanied by a plan or sketch of that portion of the highway, if necessary.
(4)The person in whose favour, such a permission has been given shall produce, the permit for inspection whenever called upon to do so by any highway official and shall at the end of the period prescribed in the permit release the land occupied by him after restoring it to the same state as before occupation by him.
(5)The highway authority or the officer issuing the permission shall maintain a complete record of all such permissions issued, and shall also cause a check-up to be made in every case at the expiration of the period up to which occupation has been authorised to ensure that the land has actually been vacanted.