21. Prevention of unauthorised occupation of highway.
(1)No person shall occupy or encroach on any highway within the highway boundary without obtaining the previous permission in writing of the Highway Authority or an officer authorised in this behalf by the Highway Authority.(2)The Highway Authority or an officer authorised by the Highway Authority in this behalf may with due regard to the safety and convenience or traffic and subject to such conditions as may be imposed and such rules as may be prescribed by the State Government, and on payment of such rent or other charges as may be prescribed under such rules permit any person,-(i)to place a temporary encroachment on any highway in front of any building owned by him or make a temporary structure overhanging the highway, or(ii)to put up a temporary awning or tent, pendal or other similar erection or a temporary stall or scaffolding on any highway, or(iii)to deposit or cause to be deposited building materials, goods for sale or other article on any highway, or(iv)to make a temporary excavation for carrying out any repairs or improvements to the adjoining buildings:Provided that no such permission shall be deemed to be valid beyond the period of one year unless expressly renewed by the Highway Authority or the authorised officer.(3)The permission so granted shall clearly specify the date up to which the person is authorised to occupy the highway, the periods for which occupation is authorised and the exact portion of the highway permitted to be occupied, and shall also be accompanied by a plan or a sketch of that portion of the highway, if necessary.(4)The person in whose favour such a permission has been given shall produce the permit for inspection whenever called upon to do so by the Highway Authority or any officer by a general or special order empowered in that behalf and shall at the end of the period specified in the permit release the land occupied by him after restoring to it the same state as before the occupation by him.(5)The Highway Authority or the officer issuing the permission shall maintain a complete record of such permission issued, and shall also cause a check-up to be made in every case at the expiry of the period up to which occupation has been authorised to ensure that the land has actually been vacated.
