Section 39: Construction on highway land

(1) Notwithstanding anything contained in any other law for the time being in force, no person shall construct, install, shift, repair, alter or carry any poles, pillars, advertisement towers, transformers, cable wire, pipe, drain, sewer, canal, railway line, tramway, telephone boxes, repeater station, street, path or passage of any kind on a highway or across, under or over any highway except in accordance with the prior permission in writing of the State Government or an officer authorised by the State Government in this behalf. (2) Any person who intends to obtain the permission under sub-section (1) shall make an application in the prescribed form to the officer authorised by the State Government in this behalf, containing therein the purpose and period of occupancy of a highway, location and part of the highway to be occupied, method of execution of work, period of construction and method of restoration of such part of the highway. (3) The officer authorised by the State Government in this behalf shall consider the application made under sub-section (1) and if it is satisfied that there is no alternative where land can be found to locate the public utility at a site other than the highway in respect of which the permission is sought under the application, it may give permission in writing as sought in the application: Provided that while giving such permission, such officer may impose such conditions as it may deem fit to protect- (i) the highway from damage; and (ii) the traffic on the highway from obstruction, and may also impose such fees and other charges as may be prescribed on the person to whom such permission is given in respect of any land forming part of the highway, occupied or applied to the proposed work or construction under permission and also impose on such person the expenditure, if any, incurred by the State Government or such officer for repairing any damage caused to the highway by laying or shifting of any structure, article or equipment under the permission. (4) If any person, in contravention of sub-section (1), makes any construction or carries out any other work, the officer authorised by the State Government in this behalf may, at the expense of the State Government, cause such construction or other work to be removed from the highway and restore the highway in the condition as it was immediately before giving permission for such construction or other work under sub-section (3) and such expense together with fifteen per cent thereof as additional charges and fine imposed by such officer taking into account the nature of the damages caused by such construction or other work, which shall not be less than two thousand rupees per square meter of land used for such construction or other work, but shall not exceed the cost of any adjacent private land, shall be recovered from such person in accordance with the provisions contained in section 43 as if such expenses, additional charges and fine were the expenses, additional charges and fine recoverable under that section.