law: The Control of National Highways (Land and Traffic) Act, 2002
  26. Removal of
  
  unauthorised occupation.-
  1.  Where
  
  the Highway Administration or the officer authorised by such Administration in
  
  this behalf is of the opinion that it is necessary in the interest of traffic
  
  safety or convenience to cancel any permit issued under sub-section (2) of
  
  section 24, it may, after recording the reasons in writing for doing so, cancel
  
  such permit and, thereupon, the person to whom the permission was granted
  
  shall, within the period specified by an order made by the Highway
  
  Administration or such officer restore the portion of the Highway specified in
  
  the permit in such condition as it was immediately before the issuing of such
  
  permit and deliver the possession of such portion to the Highway Administration
  
  and in case such per on fails to deliver such possession within such period, he
  
  shall be deemed to be in unauthorised occupation of highway land for the
  
  purposes of this section and section 27.
  2.  When,
  
  as a result of the periodical inspection of highway land or otherwise, the
  
  Highway Administration or the officer authorised by such Administration in this
  
  behalf is satisfied that any unauthorised or the officer so authorised shall
  
  serve a notice in a prescribed form on the person causing or responsible for
  
  such unauthorised occupation requiring him to remove such unauthorised
  
  occupation and to restore such highway land in occupation has taken place on
  
  highway land, the Highway Administration its original condition as before the
  
  unauthorised occupation within the period specified in the notice.
  3.  The
  
  notice under sub-section (2) shall specify therein the highway land in respect
  
  of which such notice is issued, the period within which the unauthorised
  
  occupation on such land is required to be removed, the place and time of
  
  hearing any represent tion, if any, which the person to whom the notice is
  
  addressed may make within the time specified in the notice and that failure to
  
  comply with such notice shall render the person specified in the notice liable
  
  to penalty, and summary eviction from the highway land in respect of which such
  
  notice is issued, under sub-section (6).
  4.  The
  
  service of the notice under sub-section (2) shall be made by delivering a copy
  
  thereof to the person to whom such notice is addressed or to his agent or other
  
  person on his behalf or by registered post addressed to the person to whom such
  
  notice is addressed and an acknowledgment purporting to be signed by such
  
  person or his agent or other person on his behalf or an endorsement by a postal
  
  employee that such person or his agent or such other person on his behalf has
  
  refused to take delivery ay be deemed to be prima facie proof of service.
  5.  Where
  
  the service of the notice is not made in the manner provided under sub-section
  
  (4), the contents of the notice shall be advertised in a local newspaper for
  
  the knowledge of the person to whom the notice is addressed and such advertisement
  
  s all be deemed to be the service of such notice on such person.
  6.  
  
    Where
  
  the service of notice under sub-section (2) has been made under sub-section (4)
  
  or sub-section (5) and the unauthorised occupation on the highway land in
  
  respect of which such notice is served has not been removed within the time
  
  specified in the notice for such purpose and no reasonable cause has been shown
  
  before the Highway Administration or the officer authorised by such
  
  Administration in this behalf for not so removing unauthorised occupation, the
  
  Highway Administration or such officer as the case may be, shall cause such
  
  unauthorised occupation to be removed at the expenses of the Central Government
  
  or the State Government, as the case may be, and impose penalty on the person to
  
  whom the notice is addressed which shall be five hund ed rupees per square
  
  metre of the land so unauthorisedly occupied and where the penalty so imposed
  
  is less than the cost of such land, the penalty may be extended equal to such
  
  cost.
  7.  
  
    Notwithstanding
  
  anything contained in this section, the Highway Administration or the officer
  
  authorised by such Administration in this behalf shall have power without
  
  issuing any notice under this section to remove the unauthorised occupation on
  
  the highway land, if such unauthorised occupation is in the nature of-
  a.   exposing any goods or
  
  article-
   
  
   i.  
  
    in
  
  open air; or
   
  
   ii.  
  
    through
  
  temporary stall, kiosk, booth or any other shop of temporary nature,
  a.  
  
  
  b.   construction or
  
  erection, whether temporary or permanent, or
  c.   trespass or other unauthorised
  
  occupation which can be removed easily without use of any machine or other
  
  device, and in removing such occupation, the Highway Administration or such
  
  officer may take assistance of the police, if necessary, to remove such
  
  occupation by use of the reasonable force necessary for such removal.
  1.  
  2.  
  3.  
  4.  
  5.  
  
  
  6.  
  
  
  7.  
  
  
  8.  
  
    Notwithstanding
  
  anything contained in this section, if the Highway Administration or the
  
  officer authorised by such Administration in this behalf is of the opinion that
  
  any unauthorised occupation on the highway land is of such a nature that the
  
  immediate removal of which is necessary in the interest of-
  a.   the safety of traffic
  
  on the Highway; or
  b.   the safety of any
  
  structure forming part of the Highway, and no notice can be served on the person
  
  responsible for such unauthorised occupation under this section without undue
  
  delay owing to his absence or for any other reason, the Highway Administration
  
  or the officer authorised by such Administration may ma e such construction
  
  including alteration of any construction as may be feasible at the prescribed
  
  cost necessary for the safety referred to in clause (a) or clause (b) or have
  
  such unauthorised occupation removed in the manner specified in sub-section 7 .
  1.  
  2.  
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  7.  
  
  
  8.  
  
  
  9.  
  
    The
  
  Highway Administration or an officer authorised by such Administration in this
  
  behalf shall, for the purposes of this section or section 27, have the same
  
  powers as are vested in a civil court under the Code of Civil Procedure, 1908
  
  (5 of 1908), while trying a suit, in respect of the following matters, namely:-
  
  
  a.   summoning and
  
  enforcing the attendance of any person and examining him on oath;
  b.   requiring the
  
  discovery and production of documents;
  c.   issuing commissions
  
  for the examination of witnesses; and
  d.   any other matter
  
  which may be prescribed, and any proceeding before such Administration or
  
  officer shall be deemed to be a judicial proceeding within the meaning of
  
  sections 193 and 228, and for the purpose of section 196, of the Indian Penal
  
  Code (45 of 1860) and the Administration or the officer shall be deemed to be a
  
  civil court for the purposes of section 195 and Chapter XXVI of the Code of
  
  Criminal Procedure, 1973 (2 of 1974).