246. Power of Municipality to recover expenses caused by extraordinary traffic.
- When by a certificate of an officer of the Government, Public Works Department of a rank not below that of Executive Engineer it appears to the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] that, having regard to the average expense of repairing roads in the neighbour-hood, extraordinary expenses have been incurred by the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] in repairing a road by reason of the damage caused by excessive weight passing along the road, on extraordinary traffic thereon, the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] may with the sanction of the State Government recover from any person by or in consequence of whose order such weight or traffic has been conducted the amount of such expenses as may be proved to the satisfaction of such [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] to have been incurred by such [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] by reason of the damage arising from such weight or traffic as aforesaid:Provided that any person from whom expenses are or may be under this section may enter into an agreement with the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] for the payment to it of an amount by way of compensation in respect of such weight or traffic and thereupon the person so paying shall not be subject to any proceedings under this section :Provided further that the decision of the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] in this regard will be final subject to the approval of the State Government and the Civil Court have no jurisdiction.Private Roads
