(1) Notwithstanding anything contained in any law for the time being in force, no person shall erect or re—erect any building or structure or make or extend any excavation or construct, form or lay out any means of access to a highway upon iand lying in between the building and cantrol lines determined in reSpect of the highway, except with the previous permission of the highway authority in writing.
(2) Every person desiring to obtain the permission referred to in sub-section ( 1) shall make an application in writing to the highway authority in such form and containing such information in reSpect of the building. excavation or means of access to which the application relates, and together with such fees as may be prescribed.
(3) On receipt of such applicuion, the highway authority after making such enquiries as it may consider necessary, shall by order in writing either:
(a) grant the permission, subject to such reasonable conditions, if any as may be specified in order, or
(b) refuse to grant such permission.
(4) The highway authority shall not ordinarily refuse permission to :
(a) the erection of a building or structure or the making of or ”extending an excavation which conforms to the requirements of public health and welfare and of safety and convenience of traffic on the adjoining highway, or
(b) the re-erection of a building or structure which was in existence on the date on which the restrictions under Sub-section (1) came into force, unless such re-erection involved any material alteration to the outside appearance of the building or structure.
(5) When the highway authority refuses the permission, the reasons therefore shall be recorded and communicated to the applicant.
(6) In the event of refusal, the applicant may submit fresh application for permission to the highway authority, avoiding the' objectionable features on account of which the first application was ’ refused, and such a fresh application shall be c-onsideged by the highway authority as if it were‘ made for the first time."
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(7) If at the expiratien of a period of three months after an ~application has under- Sub—section (I) or Sub-section (6) been made to the highway autharity, no order in writing has been p'aSSed by that authority, permission shall be deemed to have been given without .the imposition of any conditions. Provided that no such automatic grant of permission shall_be presumed if the application is one for the cmstruction, formulation or laying out of any means of access.
(8) The highway authority shall maintain a register With sufficient particulars of all permissions given or refused by it under this section and the register shall be available for inSpection free of charge by a" persons interested and such persons shall be entitled to take extracts therefrom.
(9) Any person aggrieved by an ,order under Sub-section (2) "granting permission subject to conditions or refusing permission, may within thirty days from the date of such order prefer an appeal to She State Government whose order in the matter shall be final.