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State of Kerala - Section

Section 22 in Kerala Highway Protection Act, 1999

22. Removal of structure which obstruct the view or distract the attention of persons using highway.

(1)Where a highway authority is of opinion that it is necessary for the prevention of danger arising from obstruction of view or distraction of attention of persons using a highway, especially at any bend or corner of a highway, the highway authority may serve notice upon the owner or occupier of land alongside or at the bend or corner of such highway to alter or remove altogether, as the case may be, within such time and in such manner as may be specified in the notice, the structure, the height or character of any existing wall not being a wall forming part of a permanent structure, fence, hedge, tree, advertisement post, bill board or any other object 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 fourteen days of its receipt, send to the highway authority his objection in writing stating the grounds thereof.
(3)The highway authority shall, within fourteen days of the receipt of the objection, consider the grounds advanced and shall, by order in writing, either withdraw the notice or amend or confirm it.
(4)Any person aggrieved by an order under sub-section (3) may prefer an appeal within seven days of the date of receipt of such order to the appellate authority whose decision in the matter shall be final.
(5)If any person fails to comply with the notice served on him under subsection (1) as amended or confirmed under subsection (3) or finally decided under sub-section (4) the highway authority may, without prejudice to any other action which may be taken against him, take action to alter or remove the object causing obstruction or distraction of view at its own expense and such expenditure together with fifteen per cent overhead charges thereon, shall be recovered from such person in the manner as may be prescribed.