43. Consent of highway authority required to do certain act on highways.
(1)Notwithstanding anything contained in any other enactment for the time being in force, no person other than a highway authority or its authorised agent shall construct or carry any cable wire pipe, drain sewer or channel of any kind through, across under or over any highway, except with the specific consent of the highway authority.(2)In giving its consent the highway authority my impose such conditions as it may deen to be necessary and, may also impose a rent or other charge for any land forming part of the highway occupied by or applied to the proposed work.(3)If any person constructs or carried out any work in contravention of sub-section (1), the highway authority may arrange for the removal of such work and restoration of the highway to its former condition in accordance with the provisions of Section 21 as if the work constituted and encroachment on the highway and such expense as the highway authority may incur for this purpose, together with 15% departmental charges thereon, shall without prejudice to any other action that may be taken against such person, be recovered from him in accordance with the procedure prescribed under Section 23 in so far as that procedure is applicable.
