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[Cites 0, Cited by 0] [Section 7] [Entire Act]

Bombay Presidency - Subsection

Section 7(1) in The Bombay Highways Rules, 1958

(1)Permission to occupy or encroach any highway within the highway boundaries shall be granted subject to the following conditions :-
(i)The structure to be erected or work to be carried out shall be so executed as not to interfere with traffic on the highway or the highway drainage.
(ii)The structure shall be erected in conformity with the plan approved by the Highway Authority and shall not be altered or extended without the prior written permission of the Highway Authority. It shall not be used for any purpose other than the one for which permission is granted.
(iii)The structure shall be constructed and maintained to the satisfaction of the Highway Authority.
(iv)No tress on the highway land shall be removed, cut or damaged or highway accessories or materials removed or damaged without the prior written permission of the Highway Authority and payment of compensation therefor, as determined by the Highway Authority.
(v)The applicant shall be solely liable for any loss or injury sustained by any person as a result oi any carelessness, negligence or misconduct of any of his employees in the erection, setting up, repair or use of the structure on or overhanging the highway land.
(vi)The applicant shall pay rent for the occupation of or encroachment on a way within the highway boundaries at the rates fixed under rule 8.
(vii)The applicant shall be liable to pay all taxes, rates or assessments payable to Government or any local authority in respect of the highway land occupied or structure constructed or projected thereon.
(viii)The applicant shall deposit by way of security with the Highway Authority such amount as may be fixed by the Highway Authority which will be liable to forfeiture in case of default in the payment of rent and other charges payable to Government or contravention of any of the conditions subject to which permission is granted.
(ix)On the expiry of the period for which permission is granted, the land shall be vacated and restored to its original condition and handed over to the Highway Authority.
(x)The permission shall not be transferred to any other person without the prior written permission of Highway Authority.