48. Prevention of observations of view of person using any highway.
(1)Whenever the Highway Authority is of opinion that it is necessary for the prevention of danger arising from obstructions of the view of persons using any highway specially at any bend or corner of the highway, it may save as otherwise provided in Section 16, serve a notice upon the owner or occupier of land alongside or at the bend or corner of such highway to alter within such time and in such manner as may he specified in the notice the height or character of any existing wall (not being a wall forming part of a permanent structure), fence, hedge, trees, advertisement posts, billboard or any other object thereon, so as to cause it to conform with any requirement specified in the notice.(2)Reasonable expenses incurred by the owner or occupier in complying with the requirement of the notice shall be reimbursed to him, provided the object or obstruction has not been constructed or erected in contravention of any law for the time being in force. Determination of the amount to be reimbursed shall be made by the Highway Authority and the decision in this respect shall be final.(3)No expenses incurred in case of removal of the object of obstruction constructed or erected in contravention of any law or bye-law for the time being in force shall be reimbursed in complying with the requirement of the notice. Action against concerned person who has constructed or erected the object of obstruction in contravention of any law or bye-law shall also be taken as provided in the relevant law.(4)If any person upon whom a notice has been served under subsection (1) objects to comply with any requirement of such notice, he may within one month of the receipt, send to the Highway Authority his objection in writing slating the grounds thereof.(5)The Highway Authority shall, within one month of the receipt of the objection, consider the grounds advanced and shall by order in writing, withdraw the notice or amend or confirm it.(6)If a person is aggrieved by an order passed by the Highway Authority under sub-section (5) he may, prefer an appeal within fifteen days from the date when such order was communicated to him, to the Collector, whose decision in the matter shall be final.(7)(a)If any person fails to comply with the notice served on him under sub-section (1) as amended or confirmed, as the case may be, under sub-section (5), the Highway Authority may take action to alter the object causing obstruction of view.(b)Any expenditure incurred by the Highway Authority in altering the object causing the aforesaid obstruction of view shall be recovered from the person concerned if the said object was constructed or erected in contravention to any law in force in this respect, without prejudice to the action provided for in any other law for the time being in force.
