(4)On receipt of the application, the Highway Authority, after making such further enquiry as it may consider necessary, shall, by order in writing, either,-(a)grant the permission subject to such conditions, if any, as may be specified in the order; or(b)refuse to grant such permission :Provided that-(i)the permission under clause (a) of sub-section (1) to the making of any excavation or construction, formation or laying out of works in land for the purpose of repairing, renewing, enlarging or maintaining any underground sewer, drain, electric line, pipe, duct or other apparatus, shall not be withheld nor be made subject to any conditions as may be necessary for securing that such sewer, drain, electric line, pipe, duct or other apparatus shall be laid in such manner and at such levels that the construction, development or maintenance of a road thereover will not be prevented or prejudicially affected thereby;(ii)the permission under clause (c) of sub-section (1) to the erection, re-erection or alteration of a building or the making or extending of any excavation which confirm to the requirements of safety and convenience of traffic on the adjoining road, shall be neither withheld nor made subject to unreasonable conditions;(iii)the permission for following works shall not be required-(a)agriculture,(b)horticulture,(c)pisciculture,(d)pasture,(e)poultry farming,(f)dairy farming,(g)construction of wells, tube wells and bore wells.
