38. Prevention of cover structure view of distraction of attention of persons using any highway.
(1)Where a highway authority is of opinion that it is necessary for the prevention danger arising from obstruction of the view of distraction of the attention of persons using any highway, specially at any bend or corner of the highway in may server a notice upon the owner or occupier of land along side or at the bend or comer of such highway to alter or remove altogether, within such time and in a such a manner as may be specified in the notice, the height or character or any existing wall (Not being a well forming, part of a permanent structure), fence hedge, tree, advertisements post, bill board or any other objective thereon, so as to eliminate or minimise the apprehended danger.(2)If any person upon whom a notice has been served under sub-section (1), objects to comply with any requirement of such notice, he may, within 14 days of its receipt send to the highway authority his objection in writing stating the grounds thereof.(3)The highway authority shall within 14 days of the receipt of the objection considers the grounds advanced and shall by order in writing either withdraw the notice or amend or confirm it.(4)If a person is aggrieve by an order issued by a highway authority under sub-section (3) he may prefer an appeal within 7 days of the date of such order to the Collector or Chief Revenues Officer of the district, whose se decision in the matter shall be final.(5)If any person falls to comply with the notice served on him under sub-section (1) as amended or confirmed, as the case may be under sub-section (3) or (4), the highway authority may take action to alter or remove the object causing obstruction or distraction of view at it own expense and such expenditure together with 15% departmental charges, shall be recovered from such person in accordance with the provisions of Section 23 without prejudice to any other action which may be taken against him.
