An application for permission to occltpy highway land within the highway boundaries under sub-section (1) of Section 21 shall be made to the Highway AuthoritY in Form rtCl. :'
B, Gonditions on which permission to be granted under Section 21 to occupy HighwaY land. - Permission to occupy or encroach on any Highway within the highway boundanes shall be granted subject to the following conditions:- (iii tiir )
(i) {ii} Th€ structure to be ereeted or w€rk to be canied out shall be so executed as not lo interfere with traffic on lhe highway or the highway drainage;
The structur:e ohall be'Ereet€d in csn{ormity with the'plan approved 'by the. Highway Authority and shall not be altered or extended without the prior written permission sf'the Highway Authority. lt shall not be rrsed f*r any purpose other than the one for which permission is granted; 4 The structure shall be constructed and malntained to the satisfactlon of 'the Hig hway Authority:
No trees on the Highway land shall lre removed, cut or damaged or hi$hway accessorie$ or materials removed '.or,damaged wlthqut tlre prio,r wfitten perrnisslon of the Highway Authority and payment of compensation therefcre a s d dterm?ned bvithe: Hi ghway Authorifi ;
(tii) {iv} .:
, ;",.-..
TTh*apptlcant',snal1]be.soldytitible.:fo.ra-4y'lossol'.injl1ry sustained by any person as a result of any carelessness, negligence or miscortduct of any of his employees in the :Ereetiofr,, se,tting up, repair or use pf' ffi,"$ffrtcture oR or over,h a nging,the'h ig hway la.nd ;
(Vj) The. appllcar:lt sha!! ,pay ,rent f6r the occupation of or encroachment on a highway within the highway boundaries at the rates.fixed under Ru[e 9;
{viii} The appliceni shatl :be liable to Bay all'taxe$, rates or assessrnents payable to Gqvernment sr any local authority in respect'of the highway land occupied or structure constructed or projected thereon;
The applicant shatl deposit by way of security with the Highway Authority such amount as may be fixed by the Highway Authority which wrll be liable to forfeiture in case of defautt in the payment of rent and other charges payable to Government or contravention of any of the conditions aubject to which the permission is granted;
On the expiry of tha perio-d for which the permission is rgranted, the land shalt be vacated and restored to its original condition and handed over to the Highway AuthoritY:
The permission granted shall not be transferred to any other persorli wlthout the prror written perrnission of the Highway Authority.
(ix) {x}
9. Rent to be charged for occupation of Highway Land - The Highway Authority sh.all charge rent for occupation of or ertcroachmept on a highway within the highway boundaries permitted under Section 21 atthe rates prescribed in the Schedule, {vii} 14 a i; .-.,..
I B.'!sW,'TI!re|'{'$qfqlF!}, rirrErqr{, p.: .&, fs07,
10. Manner of reference under Section 35 by the Highway Authority or the authCIri$ed officer.,- (1Xi) An application under Section 35 for reference to the court against the award rnade under Section 28 shall be in Form 'D',
(ii) the Highway Authonty or the officer authorised under Section 2B shall make reference under Section 35, by a statement in writing, giving the following particulars namely:-
(a) full particulars of the property or right or interest therein and the nature of damage. if any, thereto in respect of which ComBensatlon is awarded;
(b} the names of the persons Whom he has reason to,.ttrink interested in such compensation;
lfl,The,etatement under sub-rule g) ehall he,:aecoihpanied by,- (A.}. ',6 esPy,'6f"the *wardi
(h) H copy of the applidation requiring the referenee to be made under Section 35; and
(c) a schedule giving particulars of the notices served upon and of the statements in writing made or delivered by the parties interested.
tl. FOfm Of e pplication uryder ,Section 4{ r refeiencs against order fixing batterment charges"- An application under sub-section (2) of Section 44 foe a reference a.
against..an order f,Xin$ ttle hgttsfment,charges'under Seetiox42 shall be made tn Form'E'