(1) Any person aggrieved by the order fixing the betterment charges under section 35 may, by a written application to the Highways Authority require that the matter be referred, if the land in relation to which the order is made is situated-
(i) in the City of Chennai, to the Principal Judge of the City Civil Court.
Chennai,rand 16
(ii) elsewhere, to the Principal District Judge of the district, within whose jurisdiction the land is situate.
(2) Any such application shall be made within six weeks from the date of receipt of the order of the Highways Authority by such person and shall be in such form as may be prescribed.
(3) The provisions of sections 5, 12 and 14 of the Limitation Act, 1963 shall apply to the computation of the time under sub-section (2).
(4) The Highways Authority shall make the reference under sub-section (1) in such manner as may be prescribed.
38. The order fixing the betterment charges made under section 35, subject to a reference to the Court under section 37, shall be final.
39. From the date specified in the order fixing the betterment charges as the date from which such charges shall be leviable, or from such date as may be otherwise specified by the Highways authority under section 35 as the date from which such charges shall be leviable, subject to the prior payment of the land revenue, if any, due to the Government thereon, be a first charge on the land in respect of which such betterment charges are leviable.
40. The betterment charges shall be payable within such period as may be prescribed:
Provided that the owner of the land on which such charges are imposed may execute an agreement, in favor of the Government, agreeing to pay the amount of such charges by annual installments, together with interest at such rate and within such period, as may be prescribed.
CHAPTER VIII.
PROVISIONS TO SECURE SAFETY OF TRAFFIC AND PREVENTION OF DAMAGE TO HIGHWAYS.