(1)Every person desiring to obtain the permission referred to in section 19 or section 20 shall make an application in writing to the highway authority in such form with such information and together with such fees as may be prescribed.(2)On receipt of an application under sub-section (1) the highway authority shall, after making such enquiries as it may deem fit, by order in writing, either, -(a)grant permission, subject to such conditions, if any, as may be specified in the order; or(b)refuse to grant such permission:Provided that the highway authority shall not ordinarily refuse permission for the erection of a building or structure, or alteration of level of land or a means of access to a highway which conforms to the requirements of safety and convenience of traffic on the adjoining highway, or the re-erection of a building or structure which was in existence on the date of commencement of this Act unless such re-erection involve any material alteration to the outside structural features of the building or structure.(3)Where the highway authority refuses to grant permission the reasons therefore shall be recorded and communicated to the applicant.(4)Where an application for permission has been refused due to any defect of the application, the applicant may submit a fresh application to the highway authority rectifying the defects and the highway authority shall consider the application afresh and pass an order thereon.(5)If after the expiration of a period of two months from the submission of application under sub-section (1) or sub-section (4), no order in writing has been passed by the highway authority, permission shall be deemed to have been granted as applied for:Provided that no such permission shall be deemed to have been granted if the application is for the construction, formation or laying out of any means of access.(6)The highway authority shall maintain a register containing sufficient particulars of all permissions granted or refused by it under this section and the register shall be made available for perusal, free of charge, by all persons interested and such person shall be entitled to obtain extracts therefrom on payment of such fees as may be prescribed.(7)Any person aggrieved by an order of the highway authority under subsection (2) or sub-section (4) may, within thirty clays from the date of receipt of such order, prefer an appeal to the appellate authority and the appellate authority shall take a decision thereon and communicate the same to the appellant in writing within one month of the date of receipt of the appeal.(8)Any person aggrieved by an order of the appellate authority under subsection (7) may, within thirty days from the date of receipt of such order, prefer a revision before the Government.
