26. Prevention of unauthorised occupation of highway.
(1)No person shall occupy or encroach on any highway within the highway boundaries.(2)Notwithstanding anything contained in sub-section (1), the Highways Authority may, with the concurrence of the Collector and with due regard to the safety and convenience of traffic and subject to such conditions, and on payment of such rent or other charges as may be prescribed, grant permission, of a temporary nature, to any person-(a)to make any temporary use of any highway in front of any building owned or occupied by him or make a temporary structure overhanging the highway; or(b)to put up a temporary awning or tent, pandal or other similar erection or a temporary stall or scaffolding on any highway; or(c)to deposit or cause to be deposited building materials, goods for sale or other articles on any highway for a specified period; or(d)to make a temporary excavation on any highway for carrying out any repairs or improvements to building on lands adjoining such highway:Provided that no such permission shall be deemed to be valid beyond a period of one year, unless it is expressly renewed by the Highways Authority.(3)The permission granted under sub-section (2) shall clearly specify the date upto which and the purpose for which the occupation of the highway is authorised and the exact portion of the highway so permitted to be occupied, and shall also be accompanied by a plan or sketch of that portion of the highway. A copy of such permission shall be communicated to the Collector for the purpose of record.(4)The person in whose favour such permission has been given shall produce the permit for inspection whenever called upon to do so by the Highways Authority, or any officer authorised by it in that behalf and shall, at the end of the period specified in the permit, vacate the portion of the highway occupied by him, after restoring it to the same state as it originally stood before the occupation by him.(5)The Highways Authority shall maintain a complete record of all such permissions granted, and shall also cause an inspection to be made in every case at the expiration of the period up to which such occupation has been permitted, to ensure that the portion of the highway has actually been vacated.(6)The permission granted under sub-section (2) shall be in such form and subject to such conditions as may be prescribed.
