Section 56 in The M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993
56. Hindrances, obstructions and encroachment upon public streets and open sites.
(1)Whoever within the Gram Panchayat area causes any hindrance, obstruction or encroachment over any public street or open site or upon any drain in such street,-(a)by building or setting up any wall, fence, rail, post, stall, verandah, platform, plinth, step or any other structure; or(b)without written permission of the Gram Panchayat or contrary to the conditions mentioned in such permission by putting up any verandah, balcony, room or other structure so as to project over any public street or upon any drain in such street; or(c)by unauthorizedly removing earth, sand or other material from any site; or(d)by unauthorizedly cultivating any grazing or other land, may be punished with fine, which may extend to [one thousand, rupees] [Substituted by M.P. Act No. 26 of 1994 (w.e.f. 30-5-1994).] and in case of continuing offense with further fine which may extend to [twenty rupees] [Substituted by M.P. Act No. 26 of 1994 (w.e.f. 30-5-1994).] for every day during which such encroachment, obstructions or projection continues after the date of first conviction for such offense.(2)Notwithstanding anything contained in sub-section (1), the Gram Panchayat shall have power to remove any such obstruction or encroachment and to remove any crop unauthorizedly cultivated on grazing or any other land not being private property and shall have the like power to remove any unauthorised obstruction or encroachment or projection of the like nature in any open site not being private properly, whether such site is vested in Gram Panchayat or not and the expenses of such removal shall be paid by the person who has caused the said encroachment and on failure to pay such expenses the same may be recovered from such person as an arrear of land revenue :[Provided that notwithstanding anything contained in sub-section (1) and this sub-section if the Gram Panchayat resolves to remove any hindrances, obstruction or encroachment on any land vested in the State Government it may refer to the Tehsildar to remove such hindrances, obstruction or encroachment from such land and the Tehsildar shall proceed to do so under the provisions of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959)] [Substituted by M.P. Act No. 28 of 1998 (w.e.f. 4-9-1998).].(3)Notwithstanding anything contained in this section the Gram Panchayat may allow any temporary occupation or erection in or putting projection over any public place for not exceeding ten days in such manner so as not to cause inconvenience to the public or any individual, on occasions of festivals and ceremonies in accordance with the bye-laws made under this Act.(4)The Gram Panchayat shall not pass any order in the exercise of powers under this section until the person concerned has been given a reasonable opportunity of being heard.
