(1)Whenever the Highway Authority or the officer authorised under sub-section (1) of section 31 has. under the provision of section 33, removed any encroachment or carried out any protective work in respect of any encroachment, the expenditure involved shall be recovered from the person responsible for the encroachment in the manner hereinafter provided.(2)A bill representing the expenditure incurred shall be served by the Highway Authority or the authorised officer referred to in sub-section (3) on the person responsible for the encroachment or his representative with a direction to pay up the amount within a specified period to the authority mentioned in the bill.(3)The bill shall be accompanied by a certificate from the Highway Authority or the authorised officer referred to in sub-section (1) to the effect that the amount of expenditure indicated in the bill represents the charges incurred and such a certificate shall be conclusive proof of the fact that the charges have actually been incurred.(4)The material, if any, recovered as a result of the removal of any encroachment shall be handed over to the person responsible for the encroachment on payment of the amount within the specified period and if such payment is not made, the material may be auctioned and after deducting the amount of the bill from the proceeds, the balance, if any, shall be made over to such person.(5)If the proceeds of the auction sale do not cover the total amount billed for, the excess over the amount realized by the sale of material or if there are no material to dispose of and billed amount has not been paid by the person responsible for the encroachment within the specified period, the entire amount of the bill shall be recovered from such person as arrear of land revenue.
