(1)When as a result of a checking of the highway boundaries or otherwise it is found that an encroachment has taken place on a highway, the Highway Authority or the officer authorised under sub-section (1) of section 31 shall serve a notice on the person responsible for the encroachment or on his representative requiring him to remove such encroachment and restore the land to its original condition, as it exited before the said encroachment, within the period specified in the notice.(2)The notice shall specify the land encroached upon and the time limit within which such encroachment is to be removed and shall also state that the failure to comply within the period specified therein will render the person liable to prosecution and also to summary eviction.(3)If the encroachment is not removed within the period specified in the notice and no valid cause is shown for non-compliance, the Highway Authority or the authorised officer referred to in sub-section (1) may request in writing to the Collector to remove the encroachment and thereupon the Collector shall take action for summary eviction as if the matter falls within the scope of section 64.(4)When the encroachment is of such a nature that its immediate removal is considered essential in the interest of safety of traffic on the highway or the safety of any structure forming part of the highway, the Highway Authority or the authorised officer referred to in sub-section (1) may, in addition to prosecution work. as may be feasible at a reasonable cost, carried out so as to Minimize the danger to traffic on the highway.
