Section 39
Offence and penalty.
The Control of National Highways (Land and Traffic) Act, 2002
About this Act
An Act to provide for control of land within the National Highways, right of way and traffic moving on the National Highways and also for removal of unauthorised occupation thereon.
(1) If any person, who has been evicted from any unauthorised
occupation on a highway land under this Act, again occupies any highway land without permission for
such occupation under this Act, he shall be punishable with imprisonment for a term which may extend to
one year, or with fine which shall not be less than one thousand rupees per square metre of so occupied
highway land but which shall not exceed two times the cost of such highway land, or with both.
(2) Any court, convicting a person under sub-section (1), may make an order for evicting that person from such occupied highway land summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence punishable under sub-section (1) shall be cognizable.
(2) Any court, convicting a person under sub-section (1), may make an order for evicting that person from such occupied highway land summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence punishable under sub-section (1) shall be cognizable.