(1) Whenever the Highway Authority or the officer, authorized under subsection (2) of section 21 has under the provisions of section 23 removed any encroachment or carried out any protective work in respect of any encroachment; the expenditure involved shall be recovered from the person responsible for the encroachment in the manner hereinafter provided.
(2) A bill, representing the expenditure incurred shall be served by the Highway Authority or the authorized officer referred to in sub-section (1) on the person responsible for the encroachment or his representative with a direction to pay up the amount within a specified period to the authority mentioned in the bill.
(3) The bill shall be accompanied by a certificate from the Highway Authority or the authorized officer referred to in sub-section (1) to the effect that the amount of expenditure indicated in the bill represents the charges incurred and such a certificate shall be conclusive proof that the charges had actually been incurred.
(4) The materials, if any, recovered as a result of the removal of any encroachment shall be handed over to the person responsible for the Appeal against notice served under sub-section (1) of section 23.
Recovery of cost of removal of encroachment encroachment on payment of the amount of the bill by him but in the event of his failure to pay up the amount within the specified period, the materials may be auctioned and after deducting the amount of the bill from the proceeds, the balance, if any, shall be made over to such person.
(5) If the proceeds of the auction sale do not cover the total amount billed for, the excess over the amount realised by the sale of materials, or if there are no materials to dispose of and the billed amount has not been paid by the person responsible for the encroachment within the specified period, the entire amount of the bill shall be recovered from such person as an arrear of land revenue.
CHAPTER V.
Compensation.
26. In the exercise of the powers under the following provisions by the Highway Authority or any officer or servant appointed under section 6 or any other person authorised by or under this Act by the State Government, as little damage as can be shall be done and compensation in the manner prescribed by or under this Act shall be paid to any person who sustains damage in consequence of the exercise of such powers, namely :-
(a) the imposition of restrictions under section 9 ;
(b) the setting back of any building or part thereof under section 12 ;
(c) the regulation or diversion of any right of access to a highway under section 13;
(d) the entry, survey, measurement and doing of any of the acts on any land under section 14 ;
(e) the acquisition of any land or the extinguishment of any right or interest in the land under section 15 ;
(f) the closure of any highway or part thereof under section 52.
27. The amount of compensation payable under section 26, the persons to whom it is to be paid and the apportionment of such amount among the persons interested therein shall be determined by agreement between the Highway Authority or any officer authorised by the State Government and the persons or persons claiming interest therein.