Section 39. Offence and penalty.

(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 1[shall be liable to penalty imposed by the Highway Administration which shall not be less than five thousand rupees per square metre of the land unauthorisedly occupied by him but which may extend to the cost of such land]. (2) 2[The Highway Administration, imposing liability on 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* * * * *