The Tamil Nadu Highways Act, 2001
The Tamil Nadu Legislative Assembly enacted the Tamil Nadu Highways Act, 2001, published as Act No. 34 of 2002 after receiving the President's assent on 16 September 2002. It provides for declaring and managing State highways and other classified roads, controlling development and access along them, acquiring property, removing encroachments, protecting traffic safety and levying betterment charges.
What the Act governs
The Tamil Nadu Highways Act, 2001 extends across Tamil Nadu. Its provisions may begin on dates appointed by the State Government through notification, and different dates may be appointed for different provisions and areas.
The legislation covers roads, ways or land declared by the State Government to be highways. A declared highway may be classified as:
- A State Highway.
- A major district road.
- Another district road.
- A village road.
A National Highway declared under the National Highways Act, 1956 is excluded from the definition of highway. If a road, way or land belongs wholly or partly to a local authority, its concurrence through a resolution is required before the declaration notification is issued.
Authorities and highway controls
The Tamil Nadu Highways Act, 2001 allows the State Government to appoint an officer of the Highways Department, not below the rank of Chief Engineer, as the State Highways Authority. The Divisional Engineer responsible for each declared division is its Highways authority.
The legislation provides for:
- Fixing highway boundaries, building lines and control lines.
- Restricting buildings and regulating access to highways.
- Preparing maps and setting buildings back beyond building lines.
- Regulating traffic where a highway is unsafe.
- Permanently closing highways through the prescribed procedure.
- Restricting heavy vehicles on certain highways.
- Requiring consent for specified acts on a highway.
Property, encroachment and charges
The Tamil Nadu Highways Act, 2001 contains powers to acquire land, with acquired land vesting in the State Government free from encumbrances. It also provides for determining, apportioning and paying amounts for acquired or affected property, including references to a court and appeals to the State Highways Authority where applicable.
Encroachment includes unauthorised buildings, structures, balconies, porches or projections on or over a highway. It also includes continued occupation after temporary permission expires, and unauthorised excavation or embankments on or beneath a highway.
The legislation authorises prevention and removal of unauthorised occupation and encroachment, recovery of removal costs and restoration of property dealt with contrary to building restrictions. It also provides for betterment charges where highway works increase land value. Such charges are a first charge on the land after land revenue.
Who may be affected
Property owners, occupiers, developers and buyers may be affected where land is beside, gives access to, lies within, or is acquired for a declared highway. Local authorities, companies and people carrying out building, access, excavation or occupation activities near highways may also be subject to the controls and penalties.
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
Does the Tamil Nadu Highways Act, 2001 apply to National Highways?
No. Its definition of highway excludes a National Highway declared under the National Highways Act, 1956.
Can any road in Tamil Nadu automatically be treated as a highway under this legislation?
No. The State Government may declare a road, way or land to be a highway by notification, based on the recommendation of the State Highways Authority.
Can a building projection over a declared highway be treated as an encroachment?
Yes. The definition of encroachment includes an unauthorised building, balcony, porch or other projection on, over or overhanging a highway.
Could land beside a highway be subject to betterment charges?
Yes. The Tamil Nadu Highways Act, 2001 provides for betterment charges where highway works increase land value, following notice, inquiry and an order.
