Keyword(s):
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:- .
CHAPTER I.
- (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. - 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,
or
( 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:
Definitions.220
TAMIL NAbLTGOVERNMENT GAZETTE EXTRAORDINAK Y
(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
unsurfaced;
(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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