1. Short title and commencement.-- (1) These rules may be called the
Tamil Nadu Highways Rules, 2003. (2) They shall come into force at once. In these rules, unless there is anything repugnant in the subject or context,-- (a) "Act" means the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002); (b) "Form" means a Form appended to these rules; (c) "Schedule" means the Schedule to these rules; and (d) "section" means the section of the Act. The period to make objections and suggestions by persons affected by notification under sub-section (1) of section 8 shall be thirty days. The Highways Authority shall cause a map of that division to be prepared showing the highway boundaries, building line and control line of such highway and location of culverts, minor bridges, major bridges, drains, railway crossings, junctions of panchayat, panchayat union and Government roads. The map shall be prepared within ninety days of the publication of the notification under section 8(3)(ii). 15. Manner of publication of the public notice.-- Before publishing a notice under sub-section (1) of section 15,
2[the Government or the Collector or the Special Deputy Collector (Land Acquisition), Tamil Nadu Urban Development Project III], as the case may be, shall in addition to calling upon the owner and any other person having interest in the land to show cause as to why the land should not be acquired, shall also cause a public notice to that effect to be published in one English and in one Tamil newspapers having circulation in the locality. The said notice shall also be displayed in the offices of the,-- (i) Highways Authority of the division concerned; (ii) Village Administrative Officer of the village concerned; and (iii) Tahsildar of the taluk concerned. (2) If any objection is received from a person interested in the land within the time prescribed in the public notice issued under sub-section 2 of section 15,
3[the Government or the Collector or the Special Deputy Collector (Land Acquisition), Tamil Nadu Urban Development Project III], as the case may be, shall fix a date for hearing the objections and give notice thereof to the objector as well as to the Highways Department. Copies of the objection shall also be forwarded to the Highways Department. The Highways Department may file on or before the date fixed by the Government or the Collector, as the case may be, a statement by way of answer to the objections and may also depute a representative to attend the enquiry. (3) On the date fixed for enquiry or any other date to which the enquiry may be adjourned,
3[the Government or the Collector or the Special Deputy Collector (Land Acquisition), Tamil Nadu Urban Development Project III], as the case may be, shall hear the objector or a person authorised by him in this behalf and the representative, if any, of the Highways Department and record any evidence that may be produced in support of the objection and in support of the need for acquiring the land. (4) Where the enquiry is conducted by the Collector, on completion of enquiry, the Collector shall submit all the details of the enquiry to the Government to pass order under sub-section (3) of section 15. (5) Where the enquiry is conducted by the Government, the Government will pass order under sub-section (3) of section 15. 1. Substituted by G.O. Ms. No. 207, Highways Department, dated the 29th September 2003. 2. Substituted for the words "the Government or the Collector" by G.O. Ms. No. 225, Highways, dated the 5th September 2007. 3. Substitute for the words "the Government or the Collector" by G.O. Ms. No. 225, Highways, dated the 5th September 2007. Permission granted by the Highways Authority under sub-section (2) of section 26 shall be in Form "A". Permission under sub-section (2) of section 26 shall be granted, subject to the following conditions:-- (i) The structure to be erected or work to be carried out shall be so executed as not to interfere with traffic on the highways or the highway drainage; (ii) The structure shall be erected in conformity with the plan approved by the Highways Authority and shall not be altered or extended without the prior written permission of the Highways Authority. It shall not be used for any purpose other than the one for which permission is granted; (iii) The structure shall be constructed and maintained to the satisfaction of the Highways Authority; (iv) No trees on the highway land shall be removed, cut or damaged or highway accessories or materials removed or damaged without the prior written permission of the Highways Authority and on payment of compensation therefor, as determined by the Highways Authority; (v) The applicant shall be solely liable for any loss or injury sustained by any person or property as a result of any carelessness, negligence or misconduct of the applicant or any of his employees in the erection, setting up, repair or use of the structure on or overhanging on the highway land; (vi) The applicant shall pay rent for the occupation of, or encroachment on, a highway within the highway boundaries at the rates indicated in the Schedule; (vii) The applicant shall be liable to pay all taxes, levies or assessments payable to Government or any local authority in respect of the highway land occupied or structure constructed or projected thereon; (viii) The applicant shall deposit by way of security with the Highways Authority such amount as may be fixed by the Highways Authority which will be liable for forfeiture in case of default in the payment of rent and other charges payable to Government or contravention of any of the conditions subject to which the permission is granted; (ix) On the expiry of the period for which the permission is granted, the land shall be vacated and restored to its original condition and handed over to the Highways Authority; (x) The permission shall not be transferred to any other person without the prior written permission of the Highways Authority. The Highways Authority shall charge rent for occupation of, or encroachment on, a highway within the highway boundaries permitted under section 26 at the rates specified in the Table in the Schedule. In the case in question, neither permission is sought for either for putting up a structure of temporary nature in any highway or overhanging the highway nor permission is sought for a particular period under Form 'A' or any rate has been fixed under rule 8. In other words, there are no provisions under the Tamil Nadu Highways Act, 2001 or the rules made thereunder to deal with statues or arches, which are to be installed or put up in the highways, as a permanent structure. Inasmuch as the permission granted by the Secretary to Government of Tamil Nadu, Highways Department, on the basis of the recommendation of the Divisional Engineer of the said Division and the District Collector to construct the statue, the said is order perfectly valid. Where the cost of the removal of encroachment or the cost of any protective work carried out in respect of any encroachment is not paid, the cost shall be recovered by disposing of the materials seized, by public auction. Any person who claims that his property is injuriously affected by virtue of anything done under the provisions of section 11 may prefer a claim for the purpose to the Highways Authority, furnishing details of property injuriously affected, amount of damage with supporting details. The claim shall be preferred within ninety days from the date on which the property was so affected. (a) The Highways Authority may require the claimant to deliver to him such returns and assessments as he considers necessary; (b) The Highways Authority shall issue a notice to the claimant and give him an opportunity to state his case; and (c) The Highways Authority may also require and obtain views of other officers in department like revenue, registration and local authorities for the purpose of fair and equitable enquiry. An appeal against any decision or order of the Highways Authority made under section 32 shall be preferred to the State Highways Authority within thirty days from the date of receipt of the decision or order. An application under sub-section (1) of section 37 for reference against an order fixing the betterment charges under section 35 shall be made in Form "B". (1) The Highways Authority shall make the reference to the Court by a statement in writing giving the following particulars, namely:-- (a) the situation and extent of the land with particulars of buildings, if any, thereon; and (b) the names of the persons whom he has reason to think are interested in such land and buildings. (2) The statement under sub-rule (1) shall be accompanied by,- (a) a copy of the order fixing the betterment charges; (b) a copy of the application requiring the reference to be made under section 37; (c) a schedule giving the particulars of the notice's served upon, and of the statement in writing made or delivered by, the parties interested; and (d) a copy of the plan showing the nature and location of the highway work concerned in relation to the lands assessed to betterment levy. (1) The betterment charges levied shall be paid within thirty days from the date of receipt of order fixing the said charges. (2) If the owner of any land desires to pay the amount of betterment charges by annual instalments, he shall make an application to that effect in writing to the officer fixing the said charges within one month from the date of receipt of the same or within one month from the date of decision of the Court under section 37, as the case may be. The owner shall state in the application the number of instalments in which he desires to pay the said charges, which shall not exceed ten. (3) Interest at the rate of 9 per cent per annum shall be charged on the amount of betterment charges permitted to be paid in instalments. (4) On receipt of an application under sub-rule (1), the officer authorised shall fix the amount of each annual instalment including the interest charges to be paid by the owner, the number of such instalments and the date on which each instalment shall be paid by the owner. (5) The owner of the land shall, thereupon, execute an agreement in Form "C". Whenever the Highways Authority closes any highway or portion thereof to all traffic or to any class of traffic or regulates the number and speed or weight of vehicles using such highway, it shall,-- (i) put up notice boards at suitable places along the highway giving particulars of the restrictions imposed; and (ii) in case of closure of the highway or portion thereof to all or any class of traffic, put up barriers, as may be necessary, at suitable places with arrangements for display of red light at night.
1
Print Judgement
