Primary law, Tamil Nadu land law
The Tamil Nadu Highways Rules, 2003
The Government of Tamil Nadu, Highways (HN2) Department issued the Tamil Nadu Highways Rules, 2003 through G.O. Ms. No. 110, dated 5 June 2003, and the rules came into force at once. They set procedures for highway notifications, land acquisition objections, temporary occupation of highway land, compensation claims, appeals, betterment charges and traffic restrictions.
What the rules govern
The Tamil Nadu Highways Rules, 2003 support the Tamil Nadu Highways Act, 2001. They govern procedures affecting land within or near highway boundaries, including mapping, acquisition notices, temporary occupation, encroachment removal, claims for property damage and betterment charges.
A Highways Authority must prepare a divisional map showing highway boundaries, building lines, control lines, bridges, drains, railway crossings and road junctions. The map must be prepared within ninety days after publication of the relevant notification.
Notices and land acquisition
The Tamil Nadu Highways Rules, 2003 allow affected persons thirty days to submit objections and suggestions to a highway notification.
For proposed land acquisition, the Government or Collector must call upon the owner and other interested persons to show cause. Public notice must also be published in one English newspaper and one Tamil newspaper circulating locally, and displayed at the offices of the relevant Highways Authority, Village Administrative Officer and Tahsildar.
If an objection is received within the period stated in the public notice, a hearing must be fixed. The objector and the Highways Department may present their cases and supporting evidence.
Occupation of highway land
Permission from the Highways Authority is required for temporary occupation of highway land and must be issued in Form A. Key conditions include:
- Work must not interfere with highway traffic or drainage.
- Structures must follow the approved plan and cannot be altered, extended or used for another purpose without written permission.
- Trees, highway accessories and materials cannot be removed or damaged without written permission and payment of compensation.
- The applicant must pay rent, applicable taxes and any security deposit fixed by the Highways Authority.
- Permission cannot be transferred without prior written approval.
- When permission expires, the land must be vacated and restored to its original condition.
The Schedule sets different rent limits for temporary encroachments, awnings, tents, pandals, scaffoldings and temporary stalls. Unpaid encroachment removal or protective work costs may be recovered by publicly auctioning seized materials.
Claims, appeals and betterment charges
A person claiming that highway action has injuriously affected property must apply to the Highways Authority within ninety days of the property being affected, with damage details and supporting material. An appeal against a relevant Highways Authority decision must be filed with the State Highways Authority within thirty days of receiving it.
Betterment charges must be paid within thirty days of receiving the order. An owner may apply to pay through no more than ten annual instalments, with interest at 9 per cent per year.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
How long do I have to object to a highway notification?
Affected persons have thirty days to submit objections and suggestions to a notification under section 8(1).
Can I put a temporary stall or structure on highway land?
Temporary occupation requires permission from the Highways Authority in Form A. Rent, a security deposit and conditions protecting traffic, drainage and highway property may apply.
What can I do if highway work damages my property?
You may submit a claim to the Highways Authority with details of the affected property, the amount of damage and supporting information. The claim must be made within ninety days from the date the property was affected.
Can betterment charges be paid in instalments?
Yes. The owner must apply in writing within the stated one month period and may request up to ten annual instalments. Interest is charged at 9 per cent per year.
