Section 18: Obstruction to view at corners

18. Obstruction to view at corners (1) (a) Where a highway authority thinks it necessary, for the prevention of danger arising from obstruction to the view of persons using a road, to impose restrictions with respect to any land at or near any corner or bend in the road or any junction of the road with another road, the authority may, subject to this section, serve a written notice, together with a plan showing the land to which the notice relates on the owner or occupier of the land— (i) directing him to alter any wall, building, fence, hoarding, paling, or to prune any tree, shrub or other vegetation on the land so as to cause it to conform with the notice; or (ii) restraining him, either absolutely or subject to such conditions as may be specified in the notice, from causing or permitting any wall, building, fence, hoarding, paling, tree, shrub, or other vegetation to be erected or planted on the land. (b) A notice under this subsection may be withdrawn by the authority which gave the notice. (2) A notice restraining the erection of a building on land shall not be served by a highway authority which is not the local authority for the area in which the land is situated, except with the consent of that authority. (3) A copy of the notice under subsection (1) (a) (i) shall be served on the owner or on the occupier of any land whichever of the 2 did not receive service of the notice. [Issue 1] R28 – 10 Revised Laws of Mauritius (4) A notice under subsection (1) (a) (ii) shall not prevent the owner or occupier of any land from executing or permitting the reconstruction or repair, in such manner as not to create any obstruction to the view of persons using the adjacent roads, of any wall, building, fence, hoarding or paling which were on the land before the service of the notice and specified in the notice. (5) A restriction imposed by a notice under subsection (1) shall come into force on the service of the notice, and, while in force, shall be binding on the successor in title to every owner and on every occupier of the land to which it relates. (6) A person on whom a notice has been served under subsection (1) may appeal against any requirement or restriction imposed by the notice to the Minister, whose decision shall be final. (7) A person on whom a notice is served under subsection (1) may, notwithstanding anything in any lease or other agreement, do all such things as may be necessary for complying with the notice. (8) Subject to this section, where a person on whom a notice has been served under subsection (1) contravenes the notice, he shall, without prejudice to any other proceedings which may be instituted against him, commit an offence, and the highway authority may do any work required by the notice, or pull down any work performed in breach of the notice, and recover the expenses reasonably incurred in so doing from that person as if it were a civil debt. (9) A person sustaining loss in direct consequence of a notice served under subsection (1) or a person who proves that his property is injuriously affected by restrictions imposed by a notice shall, if he makes a claim within 3 months from the date of service of the notice, be entitled to recover, from the authority by whom the notice was served, compensation for the injury sustained. (10) A person on whom a notice is served under subsection (1) shall be entitled to compensation for any expenses reasonably incurred by him in carrying out any directions contained in the notice tion (1) or a person who proves that his property is injuriously affected by restrictions imposed by a notice shall, if he makes a claim within 3 months from the date of service of the notice, be entitled to recover, from the authority by whom the notice was served, compensation for the injury sustained. (10) A person on whom a notice is served under subsection (1) shall be entitled to compensation for any expenses reasonably incurred by him in carrying out any directions contained in the notice. (11) Nothing in this section shall authorise the service of a notice with respect to any wall forming part of an ancient monument or other object of archaeological interest, except with the consent of the Minister.