law: The Control of National Highways (Land and Traffic) Act, 2002
  Chapter VI Regulation
  
  Of Construction On Highway Land For Public Utilities, Drains, Etc.
  38. Construction on
  
  highway land.-
  1.  
  
    Notwithstanding
  
  anything contained in any other law for the time being in force, no person
  
  other than a Highway Administration or a person authorised by such
  
  Administration in this behalf 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 highway land or across, under or over
  
  any Highway except with the prior permission in writing of the Highway
  
  Administration for such purpose.
  2.  Any
  
  person who intends to obtain the permission under sub-section (1) shall make an
  
  application in the prescribed form to the Highway Administration containing
  
  therein the purpose and period of occupancy of Highway, location and part of
  
  the Highway t be occupied, method of execution of work, period of construction
  
  and method of restoration of such part of the Highway.
  3.  The
  
  Highway Administration shall consider the application made under sub-section
  
  (1) and if it is satisfied that there is no alternative other than the Highway
  
  in respect of which the permission is sought under the application where the
  
  land can be f und to locate the public utility, it may give permission in
  
  writing as sought in the application: Provided that while giving such
  
  permission, the Highway Administration 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 Highway Administration for
  
  repairing any damage caused to the Highway by laying or shifting of any
  
  structure, article or equipment under the permission.
  1.  
  
  
  2.  
  
  
  3.  
  
  
  4.  
  
    If
  
  any person, in contravention of sub-section (1), makes any construction or
  
  carries out any other work, the Highway Administration may, at its own
  
  expenses, 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
  
  expenses together with fifteen per cent. thereof as additional charges and fine
  
  imposed by the Highway Administration taxng into account the nature of the
  
  damages caused by such construction or other work, which shall not be less than
  
  five hundred rupees per square metre of land used for such construction or
  
  other work, but shall not exceed the cost of such land, shall be recovered from
  
  such person in accordance with the provisions contained in section 27 as if
  
  such expenses, additional charges and fine were the expenses, additional
  
  charges and fine recoverable under that section.