Betterment Charges, Building, Building Line, Collector, Control Line,
Encroachment, Erection, Excavation, Highway, Highways Authority, Highway
Boundary, Land, Means of Access, Middle of a Highway, State Highways
Authority, Survey, Survey Mark, Vehicle

An Act toprovidefor the declaration of certain highways to be Stnte highways, restriction
of ribbon development along such highways,prevention and removal of encroachment
theredn, construction, maintenance and development of highways, and levy of
betterment charges and for matters connected therewith or incidental thereto.
WHEREASit 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;
BEit enacted by the Legislative Assembly ofthe Stateof Tamil Nadu in the Fifty-second
Year of the Republic of India as follows:- .

  1. (1) This Act may be called the Tarnil 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. In this Act, unless the context othelwise requires,-
    (1) “animal” means any domestic or captive animal;
    (2) “betterment charges” means the charges levied under section 34;
    (3) “building” includes-
    ((I) 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 simplyrestingonthe ground without foundation,
    ( any tent, awning, panda1 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 functio 1s of the Collector under
    this Act;
    (6)”control line” means a line on eitherside of a highway or part of such highway,
    as may be fixed under section 8;
    (7)”division” means the area declared by the Governmel~tunder 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 inclucres 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
    (h) occupation of such highway or such land, after tlre’cxpiryof the period for
    wh~chpern~issionwas granted for any temporary use under this Act; or
    (c) excavation or embankments of any sort made or extended on such
    h~ghwaysor 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 relaticn to any land, does not include any work which does
    not pierce the surface of that land hut includes well and tanks;
    (11) “Government” means the State Ciovernment;
    (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
    (c) all bridges, culverts, causeways, carriage ways or other structuresbuilt on
    or across such road or way;
    (4 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 ornot by any pavement, varanda or other structure,
    which lies on either side of the roadway up to the boundaries of the
    adjacent property, whether that property isprivate or property belonging
    to the Central Government or any State Government; and
    fl all fences, trees, posts and boundaries, hectometer and kilometer stones
    and othe~highway accessories and materials stacked on such road or
    public brrdge or causeway,
    but does not include a National Highway declared as such by or under the
    National Highways Act, 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
    inforce; or
    (ii) any Municipal Council constituted under the Tamil Nadu District
    Municipalities Act, 1920; or
    (iii) any District Panchayat or any Panchayat Union Council or any Village
    Panchayat constituted under the Tamil Neidr~Panchayats Act, 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 half way between the boundaries of
    the highway in relation to any highway ~LIL &I., iqrovement of which plans have been
    prepared by the Highways authority, the middle of tlre highway as proposed t~ be
    improved in ~ccordanccwith the plans or tbc point half way between the boundaries of
    the highway;
    (19)”occupier” includes-
    (@ any person who for the time bdng ispaying or is liable to pay to the owner,
    rent or allyportionof the rent ofthe premises in respect of which such rent
    is paid or is payable: or.

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