Tamil Nadu Highways Act, 2001

No: 34 Dated: Sep, 20 2002

THE TAMIL NADU HIGHWAYS ACT, 2001

(Tamil Nadu Act 34 of 2002)

An Act to provide for the declaration of certain highways to be State highways, restriction of ribbon development along such highways, prevention and removal of encroachment thereon, construction, maintenance and development of highways, and levy of betterment charges and for matters connected therewith or incidental thereto.

Whereas it is expedient in the public interest to statutorily declare the State highways and to create Highways authorities for the purpose of construction, maintenance or development of such highways;

Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-second Year of the Republic of India as follows:-

CHAPTER I

Preliminary

1. Short title, extend and commencement. - (1) This Act may be called the Tamil Nadu Highways Act, 2001.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and for different areas in the State.

2. Definitions. - In this Act, unless the context otherwise requires,-

(1) "animal" means any domestic or captive animal;

(2) "betterment charges" means the charges levied under section 34;

(3) "building" includes -

(a) any erection of whatever material and in whatsoever manner constructed (including a farm building for agricultural purposes) and also includes plinths, doorsteps, wall (including compound walls and fences) and the like, or

(b) any structure on wheels or simply resting on the ground without foundation, or

(c) any tent, awning, pandal or any other structure used for human habitation or used for keeping vehicles or animals or storing any article or goods;

(4) "building line" means the line on either side of any highway or part of such highway, as may be fixed under section 8;

(5) "Collector" means the Collector of a district and includes any officer specifically appointed by the Government to perform the functions of the Collector under this Act;

(6) "control line" means a line on either side of a highway or part of such highway, as may be fixed under section 8;

(7) "division" means the area declared by the Government under section 4;

(8) "encroachment" means any unauthorised occupation of any highway or land where the construction of a highway is undertaken or proposed to be undertaken or part thereof, and includes any unauthorised -

(a) erection of a building or any other structure, balcony, porch or projection on or over or overhanging the highway or part thereof; or

(b) occupation of such highway or such land, after the expiry of the period for which permission was granted for any temporary use under this Act; or

(c) excavation or embankments of any sort made or extended on such highways or part thereof or underneath such highway or part thereof;

(9) "erection" in relation to building, includes the construction, extension, alteration or re-erection of any structure or building;

(10) "excavation" in relation to any land, does not include any work which does not pierce the surface of that land, but includes well and tanks;

(11) "Government" means the State Government;

(12) "highway" means any road, way or land which is declared to be a highway under section 3 and includes-

(a) all land appurtenant thereto, whether demarcated or not;

(b) the slope, berm, burrow pits, foot paths, pavement, whether surfaced or unsurfaced;

(c) all bridges, culverts, causeways, carriageways or other structures built on or across such road or way;

(d) the foot-way attached to any road, public bridge or causeway;

(e) the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, veranda or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property is private or property belonging to the Central Government or any State Government; and

(f) all fences, trees, posts and boundaries, hectometre and kilometre stones and other highway accessories and materials stacked on such road or public bridge or causeway, but does not include a National Highway declared as such by or under the National Highways Act, 1956 (Central Act 48 of 1956);

(13) "Highways Authority" means the officer appointed under sub-section (2) of section 5;

(14) "highway boundary" means the highway boundary as may be fixed under section 8;

(15) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;

(16) "local authority" means-

(i) any Municipal Corporation established under any law for the time being in force; or

(ii) any Municipal Council constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920); or

(iii) any District Panchayat or any Panchayat Union Council or any Village Panchayat constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994);

(17) "means of access" includes any means of access whether private or public intended for vehicles or pedestrian and includes any street, road, square, court, alley, passage, thorough fare or riding-path;

(18) "middle of a highway" means the point halfway between the boundaries of the highway in relation to any highway for the improvement of which plans have been prepared by the Highways Authority, the middle of the highway as proposed to be improved in accordance with the plans or the point halfway between the boundaries of the highway;

(19) "occupier" includes-

(a) any person who for the time being is paying or is liable to pay to the owner, rent or any portion of the rent of the premises in respect of which such rent is paid or is payable; or

(b) a owner living in or otherwise using his premises; or

(c) a rent free tenant; or

(d) a licensee in occupation of any premises; or

(e) any person who is liable to pay to the owner damages for the use and occupation of any premises;

(20) "owner" includes-

(a) any person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or other purpose, the rent or profits of any land or building; and

(b) the person for the time being in-charge of any land or building or part of the same;

(21) "State Highways Authority" means the officer appointed under subsection (1) of section 5;

(22) "survey" includes all operation incidental to the determination, measurement and record of a boundary or boundaries or any part of a boundary and includes a re-survey;

(23) "survey mark" means any mark or object erected, made, employed or specified by a survey officer to indicate or determine or assist in determining the position or level or any point or points;

(24) "vehicle" includes any wheeled conveyance drawn, propelled or driven by any kind of power including human, animals, motor, steam or electric power and includes any barrow, sledge, plough, drag or like vehicle.