52. Consent of Highway Authority required to do certain acts on highway.
(1)Notwithstanding anything contained in any other enactment for the time being in force, no person other than the Highway Authority or any person authorised by it, shall construct or carry any cable, wire, pipe, drain, sewer, channel of any kind through, across, under or over any highway except with the permission in writing of the Highway Authority.(2)In giving its consent the Highway Authority may impose such conditions as it may deem to be necessary and may also impose a rent or other charge for land, forming part of the highway, occupied by or applied to the proposed work.(3)If any person constructs or carries out any work in contravention of sub-section (1), the Highway Authority, may arrange for the removal of such work and restoration of highway to its former condition in accordance with the provisions of Section 34 as if the work constituted an encroachment on the highway and such expenses, as the Highway Authority may incur for this purpose shall, without prejudice to any other action that may be taken against such persons, be recovered from him in accordance with the procedure provided in Section 36 in so far as that procedure is applicable.
