The Tamil Nadu Highways Act, 2001

Tamil Nadu · state statute

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THE TAMIL NADU HIGHWAYS ACT, 2001.

ARRANGEMENT OF SECTIONS.
CHAPTER I.

PRELIMINARY.

Sections:

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II.

DECLARATION OF HIGHWAYS, HIGHWAYS AUTHORITIES AND THEIR
POWERS AND FUNCTIONS.

3. Declaration of roads, ways or lands as highways.

4. Declaration of divisions.

5. Appointment of Highways authorities.

6. Functions of Highways authorities.

7. Powers of Government to enter into agreements for development
and maintenance of highways.

CHAPTER III.

RESTRICTION OF RIBBON DEVELOPMENT.

8. Power to fix highway, building line, control line, etc.
9. Restriction on buildings.
10. Exemption for works in progress, etc.
11. Setting back of building beyond building lines.
12. Regulation of diversion of right to access to highways.
13. Preparation of maps.
14. Powers of Highways authority and other officers.

CHAPTER IV.

ACQUISITION OF PROPERTY.

15. Power to acquire land.

16. Land acquired to vest in Government free from all
encumbrances.

17. Use of land acquired.
18. Right to receive amount.

19. Determination of amount.

20. Reference to Court.

21. Apportionment of amount.
22. Payment of amount.
23. Investment of amount deposited in the Court.
24. Payment of interest.
25. Power of entry.

CHAPTER V.

PREVENTION OF UNAUTHORISED OCCUPATION OF, AND ENCROACHMENT ON,
A HIGHWAY AND REMOVAL OF ENCROACHMENT.

26. Prevention of unauthorised occupation of notified highway.
27. Power to cancel permission.
28. Prevention of encroachment.
29. Recovery of cost of removal of encroachment.
30. Restoration of property to original state where it is dealt with in
contravention of section 9.

CHAPTER VI.

PAYMENT OF AMOUNT FOR PROPERTY AFFECTED.

31. Right to amount.
32. Enquiry into claims and award of payment.
33. Appeal to State Highways Authority.

CHAPTER VII.

LEVY OF BETTERMENT CHARGES.

34. Notice to owners and persons interested.
35. Inquiry and order.
36. Increase in value and betterment charges.
37. Reference against order of Highways authority under section 35.
38. Finality of order fixing betterment charges and decision on reference.
39. Betterment charges to be first charge on land next to land revenue.
40. Payment of betterment charges.

CHAPTER VIII.
PROVISIONS TO SECURE SAFETY OF TRAFFIC AND PREVENTION OF
DAMAGE TO HIGHWAYS.

41. Prevention of obstruction of view of persons using any highway.
42. Highways authority to regulate traffic when highway declared unsafe.
43. Procedure to be followed when Highways authority desires permanently to
close any highway.
44. Prohibition of use of heavy vehicle on certain highways.
45. Consent of Highways authority required to certain acts on highway.
46. Prevention and rectification of damage to highway.

CHAPTER IX.

PENALTIES.

47. Disobedience of summons, requisition, etc.

48. Contravention of restrictions relating to access or erecting any building, etc.

49. Unauthorised occupation of highway.

50. Causing damage to highways.

51. General provisions for punishment of offences.

52. Offences by companies.

53. Compounding of offences.

54. Cognizance of offences.

CHAPTER X.

MISCELLANEOUS.

55. Power of Government to call for records and pass orders.

56. Delegation of powers.

57. Power of Government to issue orders and directions to subordinate officers.

58. Consultation with other authorities.

59. Duties of police officers.

60. Duties of Village Administrative Officer.

61. Power regarding discovery, production of evidence, etc.

62. Certain persons to be public servants.

63. Bar of certain proceedings.

64. Service how to be effected.

65. Power to exempt.

66. Power to make rules.

67. Power to remove difficulties.

68. Land Acquisition Act not to apply.

69. Act to override contract and other laws, etc.

70. Savings.
4

The following Act of the Tamil Nadu Legislative Assembly received the assent
of the President on the 16th September 2002 and is hereby publish ed for general
information:-

ACT No. 34 OF 2002.

An Act to provide for the declaration of certain highways to be State highways,
restriction of ribbon development along such h ighways, 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 t o statutorily declare the State
highways and to create Highways authorit ies for the purpose of construc tion,
maintenance or development of such highways;

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty -
second Year of the Republic of India as follows:--

CHAPTER I.

PRELIMINARY.

1. (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. 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 Go vernment 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 unauthorized-
(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;

Short title,
extent and
commence-
ment.

Definitions.
5

(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;
(e) all bridges, culverts, causeways, carriage ways 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, publ ic bridge or causeway
and the land, whether covered or not 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 is
private or property belonging to the Central Government or any
State Government; and
(f) all fences, trees, posts and boundaries, hectometer and kilometer
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.
(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 Nadu 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 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 half way 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

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

(e) any person who is liable to pay to the owner damage s 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 gent, trustee, guardian, manager or receiv er 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 sub-section
(1) of section 5;

(22) "survey" includes all operations 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 objec t 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.

CHAPTER II.

DECLARATION OF HIGHWAYS, HIGHWAYS AUTHORITIES AND THEIR
POWERS AND FUNCTIONS.

3. On the recommendat ion made by the State Highways Auth ority, the
Government may, by no tification, declare any road, way or la nd to be highway and
classify it as any one of the following, namely:- '

(i) a State Highway;

(ii) a major district road;

(iii) other district road; or

(iv) a village road:

Provided that where such road, way or land whether in whole or in part is owned by
any local authority, such notification shall be issued with the concurrence of that local
authority by a resolution passed by it in this behalf.

4. The Government may, by notification, declare any area to be a division for the
purpose of the highways in such area.

5. (1) The Government may, by notification, appoint an officer of the Highways
Department of the Government not below the rank of the Chief Engineer, as the State
Highways Authority.
(2) The Divisional Engin eer, Highways Department of the Government in -
charge of each division, shall be the Highways authority for that division.

Declaration of
roads., ways or
lands as
highways.

Declaration of
divisions.

Appointment of
Highways
Authorities.
7

Functions of
Highways
Authorities.

Power of
Government
to enter into
agreements
for
development
and
maintenance
of highways.

6. (1) The State Highways Authority shall be responsible for the over all supervision
of the construction, maintenance, development or improvement of the highways in the
State and for the restriction of ribbon development along the highways . The State
Highways Authority shall, from time to time, issue such instructions as may be necessary
to the Highways authorities for carrying out the purposes of this Act.

(2) Every Highways authority may, with the approval of the State Highways
Authority, undertake the construction, maintenance, development or improvement of any
highway and for restriction of ribbon development along such highway, including for the
prevention and removal of encroachments and for all matters necessary or incidental
thereto, in its division, in such manner and within such time as may be specified by the
State Highways Authority in this behalf.

7. The Government may, in consultation with the State Highways Authority, enter
into an agreement with any person, in relation to the construction, development,
maintenance or repair of the whole or any part of any highway.

Power to fix
highway.
boundary.
building line,
control line,
etc.

CHAPTER III.

RESTRICTION OF RIBBON DEVELOPMENT.

8. (1) The Highways authority of any division may, by notification, in relation
to any highway or any area in that division, where the construction or development
of a highway is undertaken or proposed to be undertaken, fix--

(a) the highway boundary, building line, or control line; or

(b) the highway boundary and the building line; and

Provided that before the publication of the notification under this sub -section, a draft
of the said notification shall be published inviting objections, if any, on the proposed
fixation.
(2) The draft of the notification under sub-section (1) shall contain--

(a) all details of lands situated between the highway boundary line and
control line proposed to be fixed and in the case of new works, the lands
and persons benefitted by the construction or development of such
highway, and .

(b) notice requiring all persons likely to be affected by such notification, to
make their objections or suggestions, if any, in writing, with respect to the
issue of such a notification, to the Highways authority within such period
as may be prescribed.

(3) After considering the representation. If any, received under sub-section (2),
the Highways authority may, with the approval of the State Highways Authority-
(i) drop the proposal to fix the highway boundary, the building line or the
control line; or

(ii) publish the final notification under sub-section(1) with such modifications
as may be considered necessary.
8

(4) Notwithstanding anything contained in sub -sections (1), (2) and (3), the
Government may, in consultation with the State Highways Authority, having regard to the
situation or the requirements of any highw ay or t he condition of the area through which
such highway passes, --

(a) fix different building line and control line for such highway; or

(b) refrain from fixing the building line or control line for such highway or
portion thereof.

9. On or after the date of the publication of the notification under sub-section (1) of
section 8 in relation to any highway or any area, no person shall in such highway or in
such area, in respect of any land lying between the highway boundary and the building line
or between the building line and the control line, as the case may be.-

(a) erect any building or make or extend any excavation or carry out any mining
or other operation in, or over such land or make any mat erial change in the
use of, or construct, form, or layout any works on such land; or

(b) construct, form or layout any means of access to or from such highway,

except with the written permission of the Highways authority an d in accordance with
such terms and conditions, as may be specified in such permission.

10. Nothing contained in section 9 shall apply to -

(a) the erection of any building or the making or extension of any excavation
or the carrying out of any mining or other operation or the making of any
material change or the construction, formation or laying out of any means
of access or of works already commenced, or

(b) any excavation or works nec essary for the repairs, renewal, enlargement
or maintenance of any sewer, drain, electric line, pipe, duct or other
apparatus made or extended or constructed, fo rmed or laid out in, or over,
or under, any land,

before the date of the publication of the notification under sub-section (1) of section 8.

11. When any building or part thereof erected before the date of the publication of
the notification under sub -section (I) of section 8 is lying between the highway boundary
and the building line, the Hi ghways authority may, wh enever any such building or part
thereof, either entirely, or in greater part, is taken down or burnt down or has fallen down,
by notice, require the owner or occupier of such building or part thereof, when re -erected,
to be set back to the building line or control line.

12. If the Highways authority is of opinion that it is necessary or expedient so to do
in the interest of public safety or convenience of traffic, it may, by notification, and from
a date to be specified therein, regulate or divert any existing right of access to a highway
across any land lying between the highway boundary and control line:

Provided that the existing right of access shall not be dive rted until alternative access
has been given:

Provided further that where any existing right of access is diverted, the point at which
alternative access to the highway is given shall not be unreasonably away from the
existing point of access.

13. (1 ) The Highways authority of every division shall. within such time as may be
prescribed, cause to be prepared a map of that division through which any highway or the
construction or development of any highway is undertaken or pr oposed to be undert aken,
showing the highway boundaries, building line and control line of suc h highway, the
boundaries of such area and such other particulars, as may be prescribed.

Restriction on
building.

Exemption for
works in
progress, etc.

Setting back of
building
beyond
building
lines.

Regulation of
diversion or
right of access
to highways.

Preparation of
maps

.
9

Powers of
Highways
Authority and
other
officers.

(2) It shall be open to the Highways Authority to make corrections to the map
prepared under sub -section (1) with necessary additions, alterations, omissions or such
other modifications as may be considered necessary.

(3) The map shall, after the approval of the State Highways Authority,-

(a) be kept in the office of the Highways Authority, with such particulars as
may be prescribed; and

(b) be open to inspection, free of charge during office hours, by any person
having interest.

(4) Nothing contained in the Registration Act, 1908 shall be deemed to require
the registration of the map prepared under this section and such map shall, for the
purposes of sections 53, 54 and 55 of that Act, be deemed to have been duly
registered in accordance with the provisions of that Act.

14. (1) For the purpose of carry ing out the provisions of this Act, the Highways
Authority and any officer or servant authorised by it, shall have power to-

(a) enter upon, survey and take measurement and levels of any land; or

(b) mark such levels, dig or bore into the sub-soil of any land; or

(c) demarcate the boundaries of the highwa y by planting stones or other
suitable marks all along the highway in such a manner that the imaginary line adjoining
such stones or marks shows the road boundary correctly; or

(d) give consecutive numbers to such boundary stones or marks and maintain
them on the ground as if they constitute part of the highway; or

(e) layout the building line and control line by placing marks and cutting
trenches.

(2) For the purpose o f making the survey, taking measurements, levels, boundaries
or for making lines, the Highways Authority or its officers or servants may cut down and
clear away any standing crops, tree, fence, or jungle or any part thereof and do such other
acts as may be necessary in this behalf :

Provided that the Highways Authority or its officers or servants shall not
enter any premises, except with the consent of the owner or occupier thereof and after
giving such person atleast forty eight hours notice in writing of their intention to do so,
and if the owner or occupier is not available, record the fact in a notice and affix such
notice in the place, before carrying any such work.

CHAPTER IV.
ACQUISITION OF PROPERTY.
Power to 15. (1) If the Government are satisfied that any land is required for the purpose of
acquire land. any highway or for construction of bridges, culverts, causeways or other structures
thereon or for any purpose incidental or ancillary thereto, in furtherance of the objects of
this Act, they may acquire such land by publishing in the Tamil Nadu Government G azette
a notice specifying the description of suc h land and the particular purpose for which such
land is required.

(2) Before publishing a notice under sub-section (1), the Government 1[…], 2 […], 3[ ]
shall call upon the owner and any other person having interest in such land to show
cause within such time as may be specified in the notice, why the land should not be acquired.
The Government 1[…], 2 […], 3[ ] shall also cause a public notice to be given in such
manner as may be prescribed.

1 Inserted [TNGG No. II(2)/Highways/656/200/15-10-2003- G.O. Ms. No. 206, Highways (HN2)Dept. 29.09.2003 ].
2 Superseded [TNGG No. II(2)/HWMP/394/201 /07-11-2011- G.O. Ms. No. 78, HMP (HF1)Dept./ 22.06. 2011] .
3 Authorizes the District Revenue Officer of the District concerned and the Special District Revenue Officer (Land Acquisition)
[TNGGE No. II(2)/HWMP/526(A)/2014 – G.O.Ms.No.99, HMP(HF1)Dept. / 01.09.2014].
Central Act
of 1908
10

(3) The Government may, after considering the cause, if any, shown by the owner
or other person having interest on such land, pass such an order under sub-section (1), as
they may deem fit. ..

16. (1) When a notice under sub -section (1) of section 15 is published in. the
Tamil Nadu Government Gazette, the land to which the said notice shall, on and from the date of
such publication, vest absolutely in the Government free from all encumbrances:

Provided that if before actual possession of such land is taken by or on behalf of
the Government, it appears for the Government, th at the land is no more required for the
purpose of this Act, the Government may, by notice published in the Tamil Nadu
Government Gazette, withdraw the land from acquisition. On the publication of such
notice, the land shall revest with retrospective effect in the person from whom it was
divested of on the issue of order under sub -section (l) of section 15 subject to such
encumbrance, if any, as may be subsisting at that time:

Provided further that the owner and other persons interested shall be entitled to
payment of an amount as determined in accordance with th e provisions of section 19 for
the damages if any, suffered by them in consequence of the acquisition proceedings.

(2) Where any land is vested in the Government under sub -section (1 ). the
Government may, by order, direct any person who may be in possession of the land to
surrender or deliver possession thereof to the Collector or any person duly autho rized by
him in this behalf, within thirty days of the service of the order.

(3) If any person refuses or fails to comply with an order made under sub -section
(2), the Collector may take possession of the land, and may for that purpose, use s uch
force as may be necessary.

17. Where a ny land has been acquired under this Act, the Government may use or
cause to be used such land for the purpose of this Act.

18. Every owner or person interested in any land acquired under this Act shall be
entitled to receive and be paid an amount as hereinafter provided.

19. (1) Where any land is acquired by the Government under this Act, the Governm ent
shall pay an amount for such acquisition, which shall be determined in accordance with
the provisions of this section.

(2) Where the amount has been determined by agreement between the Government
and the person to whom the amount has to be paid, it shall be paid in accordance with such
agreement.

(3) Where no such agreement can be reached, the Government shall refer the case
to the Collector for determination of the amount to be paid for such acquisition as also the
person or persons to whom such amount shall be paid:

Provided that no amount exceeding such amount as the Government may, by
general or special order, specify, to be paid for su ch acquisition shall be determin ed by
the Collector without the previous approval of the Government or such officer as the
Government may appoint in this behalf.

(4) Notwithstanding anything contained in sub -section (3), after the case is
referred to the C ollector under that sub -section, but before he has finally determined the
amount, if the amount is determine d by agreement between the Government and the
person to whom the amount has to be paid, such amount shall be paid by t he Collector in
accordance with such agreement.

(5) Before f inally determining the amount, the Collector shall give an opportu nity
to every person to whom the amount has to be paid to state his case as to the amount.

Land acquired to
vest in
Government
free from all
encumbrances.

Use of Land
acquired.

Right to receive
amount.

Determination of
amount.

Reference to
Court.

Apportionment
of amount.

(6) In determining the amount, the Collector shall be guided by the provisions
contained in sections 23 and 24 and other relevant provisions of the Land Acquisition Act,
1894, subject to modifications that in the said sections 23 and 24, the references to the
date of publication of the notification under sub -section (1) of section 4 and the date of
publication of the declaration under section 6 of the said Act shall be construed as
references to the date of publication of notice under sub -sections (2) and (1), respectively.
of section 15 of this Act.

(7) For the purpose of determining the amount-

(a) the Collector shall have power to require any person to deliver to him such
returns and assessments as be considers necessary;

(b) the Collector shall also have power to require any person known or
believed to be interested in the land to deliver to him a s tatement containing as far as may
be practicable, the name o f every other person interested in th e land as co-owner,
mortgagee, tenant or otherwise, and the nature of such interest , and of the rents and
profits, If any, received or receivable on account thereof for three years next preceding
the date of the statement.

(8) Every person required to deliver a return, assessment or statement under sub -
section (7) shall be deemed to be legally bound to do so within the meaning of section 175
and section 176 of the Indian Penal Code.

(9) The Collector may hear expert witnesses if it be necessary to do so in any
particular case.

(10) The Collector or any officer authoris ed by him in this behalf shall be entitled
to enter in and inspect any land which is subject to proceedings ·before him.

(11)The Collector shall dispose of every case referred to him under sub -section
(3) for determination of amount as expeditiously as possible and in any case within six
months from the date of such reference.

(12) Where any case is referred to any Collector under sub-section (3), the
Government may, at any stage by order, in writing and for reasons to be recorded therein,
transfer it to any other officer, and upon such transfer, unless some special directions are
given in the order, the officer to whom the case is transferred, may hear and dispose of
the case from the stage at which it was transferred or the case may be heard and disposed
of by him denovo.

19. (1) Any person aggrieved by the decision of the Collector, or the officer to whom
the case was tra nsferred, determining the amount may, within sixty days from the date of
such decision, i n so far as it affects him, by application to the Collector or the officer to
whom the case was transferred, require that the matter be referred by him for the
determination of the Court as defined in the Land Acquisition Act, 1894, and when any
such application is made, the provisions of Part III of the said Act shall mutatis mutandis
apply to further proceedings in respect thereof.

(2) The decision of the Court on such reference and subject only to such decision,
the decision of the Collector determining the amount shall be final.

21. (1) Where several persons claim to be intereste d in the amount determined, the
Collector shall determine the persons who in his opin ion, are entitled to receive the
amount and the amount payable to each of them.
(2) When the amount has been determined under section 19, if any dispute arises
as to the apportion ent of the same or any part thereof , or as to the persons to whom the
same or any part thereof is payable, the Collector may refer such dispute for the decision
of the Court.

Central Act of
1894
Central Act
of 1860
Central Act
of 1894
12

22. ( 1) Where the amount is determined by agreement, the Government shall pay
such amount to the person or persons entitled thereto.
.
(2) Where the amount is determined by the Collector or by any other officer under
the provisions of section 19, the Government shall tender payment of the amount
determined to the persons entitled thereto according to such determination and shall pay
to them unless prevented by someone or more of the contingencies mentioned in sub -
section (3).
(3) If the persons entitled to amount according to the decision of the Collector do
not consent to receive it, or if there be no person competent to alienate the land or if there
be any disputes as to the title to receive the amount, the Government shall deposit the
amount so determined in the Court:
Provided that any person admitted to be interested may receive such payment
under protest as to the sufficiency of the amount: .
Provided further that nothing herein contained shall affect the liability of any
person, who may r eceive the whole or any part of .any amount determined under this
Chapter, to pay the same to the person lawfully entitled thereto.

23. Where any amount has been deposited in court under sub-section (3) of section
22, the Court may either of its own motion or on the application made by or on behalf of
any party interested or claiming to be interested in such amount, order the same to be
invested in such Government or other securities approved by the Government as it may
think proper, and may direct the interest or other proceeds of any such investment to be
accumulated and paid in such manner as will, in its opinion, give the parties interested
therein the same benefit there from as they might have had from the land in respect
whereof such amount has been deposited or as near thereto as may be.

Payment of
amount.

Investment of
amount
deposited in
the Court.
24. When the amount is not paid or deposited on or before taking possession of the
land, the Government shall pay the amount determined with interest thereon at the rate of
nine per cent per annum from the time of so taking possession until it shall have been so
paid or deposited.

25. Any· officer of the Govern ment, and person, either generally or specially
authorized by the Government in this behalf, may ente r into or upon any land or buil ding
with or without assistants or workmen for the purpose of-
(a) Making any inspection, survey, measurement, valuation or enquiry or taking
levels of such land or buildings: .
(b) examing works under construction and ascertaining the course of sewers and
drains;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and lines by placing marks and cutting trenches;

(e) doing any other thing necessary for the efficient administration of this Act:

Provided that --
(i) no such entry shall be made except between the hours of sunrise and
sunset and without giving reasonable notice to the occupier, or if there be no occupier, to
the owner of the land or building;
(ii) sufficient opportunity shall, in every instance, be given to enable women
(if any ) to withdraw from such land or building; .

(iii) due regard shall a lways be had, s o far as may be compatible with the
exigencies of the purpose for which the entry is made, to the social and religious usages
of the occupants of the land or building entered..

Payment of
interest.

Power of entry
13

Prevention of
unauthorised
occupation of
highways.

Power to cancel
permission.

CHAPTER V.

PREVENTION OF UNAUTHORISED OCCUPATION OF, AND ENCROACHMENT
ON, A HIGHWAY AND REMOVAL OF ENCROACHMENT.

26. (1) No person shall occupy or encroach on any highway within the highway
boundaries.

(2) Notwithstanding anything contained in sub -section (1), the Highways authority
may, with the concurrence of the Collector and with due regard to the safety and
convenience of traffic and subject to such conditions, and on payment of such rent or
other charges as may be prescribed, grant pe rmission, of a temporary nature, to any
person-

(a) to make any temporary use of any highway in front of any building owned or
occupied by him or make a temporary structure overhanging the highway; or

(b) to put up a temporary owning or tent, pandal or other similar erection or a
temporary stall or scaffolding on any highway; or

(c) to deposit or cause to be deposited building materials, goods for sale or
other articles on any highway for a specified period; or

(d) to make a temporary excavation on any highway for carrying out any
repairs or improvements to building on lands adjoining such highway:

Provided that no such permission shall be deemed to be valid beyond a
period of one year, unless it is expressly renewed by the Highways authority.

(3) The permission granted under sub -section (2) shall clearly specify the date
upto which and the purpose for which the occupation of the highway is authorised and the
exact portion of the highway so pe rmitted to be occupied, and shall also be accompanied
by a plan or sketch of that portion of the highway. A copy of such permission shall be
communicated to the Collector for the purpose of record.

(4) The person in whose favour such permission has been given shall produce the
permit for inspection whenever called upon to do so by the Highways authority, or any
officer authorised by it in that behalf and shall, at the end of the period specified in the
permit, vaca te the portion of the highway occupied by him, after restoring it to the same
state as it originally stood before the occupation by him.
(5) The Highways authority shall maintain a complete record of all such
permissions granted, and shall also cause an inspection to be made in every case at the
expiration of the period upto which such occupation has been permitted, to ensure that the
portion of the highway has actually been vacated.

(6) The permission granted under sub -section (2) shall be in such form and
subject to such conditions as may be prescribed.

27. (1) The Highways authority may cancel the permission granted under sub -
section (2) of section 26 for violation of the conditions of permission subject to which the
same has been granted:

Provided that no such cancellation shall be ordered without issuing a notice to the
holder of the permit, to make his representation, if any.

(2) Where any permission is cancelled under sub -section (1), the holder of the
permission shall not be entitled to any amount in respect of such cancellation or to the
refund of any rent or charge paid by him in advance.

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14

28. (1) The Highw ays authority or any person authorised by it in this behalf shall, at
such time as may be considered necessary, conduct such checks and periodical inspection,
of the highway boundaries, with the view to ensure the prevention of unauthorised
encroachment and the removal of such encroachment.

(2) The Highways authority or any person authorised by it in this behalf, may--

(i) remove, without any notice, any movable temporary structure, enclosure,
stall, booth, any article whatsoever hawked, exposed or displayed for sale or any other
thing whatsoever by way of encroaching the highway or in any area where the construction or
development of a highway is undertaken or proposed to be undertaken;

(ii) remove any immovable structure, whether permanent or t emporary in
nature, encroaching the highway or in the area vested with Government under this Act,
after issuing a show cause notice against such removal, returnable within a period of
seven days from the date of receipt thereof:

Provided that any representation received within the time limit shall be
considered by the authority or officer concerned before passing final orders.

29. (1) Whenever any encroachment is removed or any protective work is carried out
in respect of any en croachment, the cost thereof shall be recovered from the person
responsible for the encroachment, as if it were an arrear of land revenue.

(2) The materials, if any, recovered as a result of the removal or any encroachment
shall be handed over to the person responsible for the encroachment on payment of the
cost, if any, recoverable under sub -section (1). Where the cost is not paid, the materials
seized shall be disposed of, in such manner as may be prescribed.

Prevention of
encroach-
ment.

Recovery of
cost of
removal of
encroach-
ment.

30. (1) Where any person has erected any building or made or extended any
excavation or carried out any mining or other operation or m ade any material change in
the use of land, or constructed, formed or laid out any work of means of access or an y other
acts in contravention of section 9 or in contravention of any of the terms and conditions
of the permiss ion granted under sub -section (2) of section 26, the 'Highways authority
may, by order, require such person to restore the land or building to its original condition
or to bring the land or buildin g in conformity with the terms and conditions specified in
such permission, within such period as may be specified in the order.

(2) If such perso n fails to comply with such order within the period specified in
the order, the Highways authority may itself take such measures as appear to it to be
necessary to give effect to the order and recover the cost thereof from such person as an
arrear of land revenue.

CHAPTER VI.

PAYMENT OF AMOUNT FOR PROPERTY AFFECTED.

31. Any person whose property is injuriously affected by virtue of anything done
under the provisions of section 11 may make a claim for this purpose to the Highways
authority, with such particulars and within such period as may be prescribed.

32.(1) The Highways authority shall proceed to inquire, in such manner as may be
prescribed, into every claim made under section 31.

(2) The Highways authority shall, after such inquiry, either allow the cla im and
determine the amount or reject the claim in part or in full.

(3) The Highways authority shall give to the claimants or their representatives,
notice in writing, of the amount determined under sub-section (2).

Restoration of
Property to
original state
where it is
dealt with in
contravention
of section 9.

Right to
amount.

Enquiry into
claims and
award of
payment.
15

Appeal to State
Highways
Authority.

33. (1) Any person aggrieved by any decision or order o f the Highways authority under
Section 32 may, within such period as may be prescribed, appeal to the State
Highways Authority.

(2) The State Highways Authority may suspend the execution of any decision or
order, pending the exercise of its power under this section in respect thereof.

Notice to
owners and
persons
interested.

Inquiry and
order.

Increase in
value and
betterment
charges·

Reference
against order
of Highways
Authority
Under section
35

CHAPTER VII.

LEVY OF BETTERMENT CHARGES.

34. Where any work , which the Highways authority is empowered to undert ake, in
relation to any highway, by or under the provisions of this Act is undertaken, it shall give
notice to the persons known or believed to be the owners of. or interested in, the lands
benefited b y such work, requiring them to appear before him either personally or by an
agent, at a time and place therein mentioned (such ti

Excerpt shown. Open the full act in Lexace.

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