(3)On receipt of such application; the Highway Authority, after making such enquiries as it may consider necessary, shall, by order in writing, either-(a)grant the permission, subject to such conditions, if any, as may be specified in the order,(b)or refuse to grant such permission: Provided that-(i)permission under clause (a) of sub-section (1) to the making if any excavation or construction, formation or laying out of works in land for the purpose of repairing, renewing, enlarging or maintaining any underground sewer, drain, electric line, pipe, duct or other apparatus shall not be withheld nor be made subject to any conditions save such as may be necessary for securing that the sewer, drain, electric line, pipe, duct or other apparatus shall be laid in such manner and at such levels that the construction, maintenance, development or improvement of a road thereover will not be prevented or prejudicially affected thereby;(ii)permission under clause (b) of sub-section (1) to the erection or alteration of a building or laying out any means of access to a highway which conforms to the requirements of public health, and welfare and of safety and convenience of traffic on the adjoining road shall neither be withheld not made subject to unreasonable conditions:Provided that in the case of means of access required for agricultural purposes such permission shall neither be withheld nor be made subject to any conditions save such as may be necessary for securing that the means of access shall be used for agricultural purposes only;(iii)permission under clause (b) of sub-section (1) to the re-erection or alteration of a building which was in existence before the appointed day shall neither be withheld not made subject to restrictions unless such re-erection or alteration involves any material alteration to the outside appearance of the building.
