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Section 6: Order for control and prevention of prohibited activities under section 3

The Himachal Pradesh Road Infrastructure Protection Act, 2002State Act of Himachal Pradesh · Act 20 of 2003

(1) On noting the occurrence of any activity prohibited under section 3, the prescribed authority shall issue an order directing the defaulter to stop forthwith the prohibited activity and where necessary, order the restoration of status quo of the road infrastructure.

(2) An order of the prescribed authority under sub-section (1) shall clearly describe in writing the prohibited activity and also indicate by way of sketch, the location of the occurrence of prohibited activity on a relevant portion of the map and the extent of such activity and the damage already caused or being caused.

(3) The prescribed authority shall also direct the defaulter to restore the status of the road infrastructure to its original position within a specified THE HIMACHAL PRADESH ROAD INFRASTRUCTURE PROTECTION ACT, 2002 7 period of time by starting the process of restoration within 3 days from the issue of notice and complete the same within the allowed time.

(4) The prescribed authority shall indicate specifically that in the event of failure to comply with any direction or order passed under this section, steps shall be taken to restore the status quo at the risk and cost of the defaulter, in addition to the restoration cost to be imposed. The expenditure so incurred shall liable to be recovered as arrears of land revenue and the prescribed authority shall confiscate to the Government and sell the dismantled property used in the commission of a prohibited activity in the prescribed manner.

(5) The service of notice shall be effected in the manner as provided in Code of Civil Procedure, 1908(5 of 1908).

(6) Any order passed under this section shall not be liable to be challenged in any civil court on any ground whatsoever.

Where this provision sits

ActThe Himachal Pradesh Road Infrastructure Protection Act, 2002
Section6
Marginal noteOrder for control and prevention of prohibited activities under section 3
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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