Guidelines NHAI Private Properties

(North *Al, ci..iE6?j

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" i"TTf il^t"j-: cce s s to p rivate p ro pe rties a I on s

As per Guid_efines issued vide NHAI circurar No. 11041 /277/2007_Admi:,-,,1;i;?:::.

(Poricv il;l:;,''il,o . - 46/zoosi p,olu,rins or proposars rorii,il+jil"i'L'i1",::,.H1l:i"l'ii"s:'fl "#ltif ?x,":';:tg"'.""J,#,tr:i;',,,l!o'ff;:Tig":, gfj.t,.ff:: l'::"";l#oder draft Asreement to be3. Keepinq in ,p:y/,I;;:!:i,;.*:",i,:?,";:"il;,#;:!;,J[.ffj;i:"_Tfl :","d1,$:,ST{; il"T,'l:?" : :'J;:, il : #:'J"T? ",."JHl#

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Guidefines for Project Directors for_-processing the proposal for permission foraccess to private properties arong Nationar Higt;ats vested with NHA|.

Relevant circulars

Ministry of Road Transport and Highways circular No. RW/NH-33023/1glgg-Dolll dated31'8'2000 [lssued for.system lmfirovement for installation of petrol/Diesel/Gas-Retailoutlets and service stations as well as access to private properties along NationalHighwaysl.

(To be filled by ptU)(Alf the drawings/ documents are to-be signed by project Director)Proposal to be submitted in four copies l two originar and two copies)

( i ) In Urban area . the spacing of access to Nat ional Highway should, wherepossible be restr icted to 500m interval. I f the National Highway is l ikely tobe deveroped as Expressway/Motorway, the sjacrng shourd be 1000m.

(i i) In case of access from paral lel service road the spacing of connections ofpara l le l serv ice roads f rom NH and that o f in tersect ions should not be c loserthan 750m.

( i i i ) In Rura l areas ind iv idual dr iveway to pr ivate proper t ies should not be spacedcroser than 300m from each other or i .om an intersection.( iv) Median openings shoufd genera l ly be l imi ted to in tersect ion wi th publ ic roadsand shourd not be permi t ted for ind iv iduar bus iness needs.(v) As for as poss ib le a number of proper ty owners a long the h ighway shouldbe grouped together and paralf el seivice roads (1.e. froitage roads)constructed to give access at selected points.(vi) I l lustrative sketch showing the above norms is encrosedc

Information/Status

Name and nOOress of tneNational Hi

Chainaqe in kmWiqth of avaitabte ROW(a) Left side fromchainage/ km direction(b) Right side trom center f r'nechainage/ km direction

towards increasing

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Number of existing lanes (ZlU Sl9tplpQ.--1.71 .8 with Paved shoulders/4

/ 6/8 lanes)1 .9 Service road existinq or not

l f r r ao f han u rh i nh c i r l a

(a) Left side frgm center line(b) Right side from center lineD . ^ ^ ^ o n r | Q t iao raqdI l v l J v e v v v v . ' r v v

/a\ I af l cido frnrn nentcr l ine

F.\ Dinhl c i r lo f rnrn nonter l in l>

Details of already provided access, r any' along Ineproposedroute . - -

1 . 11 whether access proposal is trom tne servlce roao or rIUIrr

main carriageway.ln case service roads are constructed the access shall befrom service roads and not from main carriageway.

1 .12 Width of entrance of proposed access1 .13 Width of exit of excess.

The width of entrance and exit should be at least 9m wide'

To prevent vehicles from entering or exiting too fast andpreventing the approach road being used for parkingpurposes the width of entrance or exit should not be more

than 12m.Radius of turning curveRadius of non turning curyeThe rul ing redius of the turning curve should be 30m and

absolute minimum should be 13m. The radius of the nonturninq curve should be from 1.5 to 3 m

1 .141.15

1 .16 What is the downward slope towards the private property'There should be adequate drainage arrangement in theprivate propriety so that neither surface water flows overitre high'way nor there is water logging on the NationalHighway. A down ward minimum slope of 2o/o towards theprivate property should be given to the access roads soif'at tfre elevation of roadway at the edge of buffer strip isat least 15 cm below the edge of the road and is in noplace above any part of the carriageL

1 .17 Wnat is the sEd of Slab culverU dia of pipe in case of PipeCulvert at the edge of the access roadSurface water from the private property should becollected in suitable drains and led away to natural coursethrough the culvert to be provided at the edge of road landboundary. lf pipe culvert is proposed then dia of pipeshould not be less then 1m. The Culvert and road sidedrain should be designed to carry discharge calculatedaccordinq to anv method described in IRC- SP-13'

1 .18 Location of median opening.1 .19 Distance of Building l ine and Control l ine from Centre

l ine of ROW.. The buildinq l ine is defined hypothelicfy as the

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distance from the rrig@activity is allowed.

. Beyond Building l ine i t is desirable that building ofheight exceeding 13 m above road level are notbuil t for a further distance defined by what arecal led 'Contro l l ines, ,

The min imum desi rabre s tandard for Bui rd ing L ines andControl Lines are as under

(A) Plain and Roll ing Terrain

( i) Rural Areas (a) Width between bui ld ing L ines (Overal l Width) = BOm

(b) Width between Control Lines (Overal l Width) = 150m

(i i ) Urban & Distance between bui ld ing L ines andIndustrial Road Land Boundary (setbackA r e a s d i s t a n c e ) = 3 - 6 m

(B) Mountainous and Steep TerrainRural Areasas wel l asUrban Areas

Distance between Bui ld ing L ineRoad Land Boundary = NormalExcept ional 3m

If the land width is equal to the width between bui ld ing l inesindicated above, the bui ld ing l ines shal l be set back 2.5m f romthe road land boundarv

Following document and drawingi are to beenclosed with the proposal (proposal to be submitted

Inspection report from the project Oirector l inspectionto site of proposed private property)

containing detai ls of the day of inspection, location ofaccess/ avai lqb le ROW, locat ion of median opening,along with cert i fying that the proposal confirms al l thest ipu lated norms

Enclosed/ Notenclosed

A L icense deed duly s ignedwitnessed. (Format enclosed).

by the appl icant andTwo original and two

Design of stab cutverv pipe cuiv@edge of the access road as per IRC standard.


Certified copy of location p@along the Nation highway showing details of

'r ight of

way of National Highway, access roads to privateproperties, existing public roads and other developmentfall ing within a radius of 1.5 Km in each side of the


certified copy of plan of tne prop@showing details of,Access road, buffer strip etc.


Certified copy of sectional view showing-Elevation-oiprivate property w.r.t National highway and slopes to

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be provided for adequate drainage and preventingwater logqing on Nat ional Hiqhways.

enclosed

(vi i) Drainage plan of the private property Enclosed/ Notenclosed

(vi i i) Detai ls of material to be provided for paving privateproperty.


(ix) Detailed Explanation for reasons for grantingexemption from guidelines/ Stipulated normsrequired)

of( i f


(x) Land record of private property Enclosed/ Notenclosed

(xi) In case of company, authority to sign the License deed Enclosed/ Notenclosed

J Following undertaking are to be furnished by theapplicant

3.1 Undertaking that al l actions/Norms as prescribed in theAppendix I o f Min is t ry of Road Transpor t & Highwaysletter no. , RW/NH-33023/19/99-DO-III dated31 .08 .2000 , w i l l be adhered i n to ta l and they , g i ve onunder tak ing that they wi l l ensure the conformi ty of theNorms as per the Appendix I le t ter no. RW/NH-33023/ L9 /99-DO-I I I dated 31.08,2000.

Enclosed/enclosed

3.2 Undertak ing that necessary a l terat ion inc lud ingcomplete removal/shift ing of the approach roads at i tsown cost i f so required by NHAI/ Ministry, for thedevelopment of Nat ional Highway or in the in terest o fsafety in th is sect ion i t w i l l be carr ied out wi th inreasonable t ime. , by the them, at the i r own costs .


J . J Undertak ing that they would pay necessary rent for theuse of the Nat ional Highway land whenever the rent isasked bv the Hiqhwav Author i t ies in fu ture.


3.4 Undertak ing to hand over par t o f land to Nat ionalHighway depar tment in case the same is requi red forroad wideninq or for anv other Durpose by thern.


They wi l l not demand any gap in the centra l verge atany s taqe.


J . O The proposed access to their property wil l beconstructed adopting Ministry of Road Transport andHighways Speci f icat ions and qual i ty contro l a t , the i rown costs.

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2 7 They wil l relocate service road/approach road/uti l i t iesat their own cost notwithstanding the permissiongranted wi th in such t imes as wi l l be s t ipu lated by NHAIfor future six-lanninq or anv other develooment.


3.8 They shall not construct any unauthorized shop, kiosk,tea stall, snack bar or raise any other structure whichviolets the provision' of the MoRT&H quidelines.


3.9 They shall remove the approach road within six-monthof a notice given to them by the Highway Authority toshift the private property's access roads, i f required forwideninq or for any other reason.


ufv3.10 I f , direct access from main 4-lane highway is not

permissible and in case NHAI is not constructing serviceroad in that stretch, then service road are to beconstructed and maintained by the party.


4 lf any previous approval is accorded for accesspermission then Photocopy of register of records ofpermissions accorded as maintained by pD may beenclosed


6 lf NH section proposed to be taken up by NHAI on BOTbasis - a clause is to be inserted in the agreement. "Thepermitted Highway on which Licensee has been grantedthe right fo access has also been granted as a right of wayto the concessionaire under the concession agreement forup-gradation of [--- section from Km ---- toKm of NH lVo.- ---on Build, Operate andTransfer Basis/ and therefore, the licensee shall honourthe same."

Project Director

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Following check l i :^t^ (:1_?9r. Ministry of Road Transporr and Highways circutar No.RW/NH-33o23/79/?}-DOIII dated 31.8.2000) for gett ing approvat for access and roadto private property along NH is also to be eniloseisignJa by the party and the projectDirector as detai led below.

General Information

1.1 Nat ional Highway NumberL.2 State

1.3 Locat ion

i . . 3 .1 [Cha inage in Km)L3.Z [Side of NH (Left or r ight side

Of NH towards increasing

, . Chainage/Km di rect ion) lG L4 Name o f H ighway Au tho r i t y

(NHAr/PWD/BRO)

1.5 Project Director (or Equivalent) address :

1 .6,1 Name and address of Owner of pr ivate proper ty :

5 .fu.

ftem Value MoRTH Norms WhethercompfyingwithMoRTHnorms

Para No. Norms

Distance frorpnearest access/intersection .(Distance fromMedian Opening)

t3.L/ 73.2 I URBAN:I M in . 500m(NH)Min 1000m ( for NH tobe made expressway)RURAL:Min 750m (for serviceroads)Min 300m ( ind iv idualProperty)

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2 Provision of 7.0mwide service road

L3.2 Necessary whereclustering ofDrone r f i ec i c n rocan i

Yes/No

3 Width ofEntrance/ Exit

7 .7 M in 9mMax 12m

Yes/No

4 Radius of TurningCurve

7.2 Min 13mRul ing 30m

Yes/No

5 Radius of Non-turninq curve

7 ,2 M i nM a x

1 ,5m3m

Yes/No

6 Min imumdownward s lopeof access roads

8 .1 M i n 2o/o Yes/No

7 Difference inelevation fromedge of road andedqe of DroDertv

8 .1 Min 15cm Yes/No

B Provision ofproper dra inagearrangement forrunoff fromprivate premises

I Drawing showingdra inage arrangementas per satisfaction ofh ighway author i t ies tobe submitted

Yes/No

9 Provision ofculvert designedfor dra inageaccord ing toIRC:SP- 13

8 .1 / 8 .3 Min 1rn d ia (Pipeculvert)M in 1m span (S labculvert)

Yes/No

Project Director Appl icant

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LICENCE FOR TI{E USE OF NATIONAL HIGHWAY LAND

x Here enterdetai ls ofpremises i .e .land revenueNo. etc .xx Here entername ofNa t iona lHighway

. @ Here enterf fu l l deta i ls o f

the party inwhose favourl icence is issued

$ Here en ter then a m e o fNat iona lH ighway

AGREEMENTnecessary provision

TO construct an approach road withfor drainage to+_

abut t ing on theboundary ef*x Ki lometerrn survey No. of the v i l lagein the Taluka of of the_ District,

AN AGREEMENTmade th is day of. Twothousand andthOUSand and - - t v ' - - . - - I vYrJ

;i#;'ih# i,":T:"TJ^"-l::,'lI"",ernment' which expressionshatt, untess exctuded o.y or repugn;;i .o d; .oil_,, Tlli,ilT'n,,successors in Off ice and assigns) of the on" pu,t.a n d @ herein after cal ledLer ca i leo

.1?,,.*.f"see7-t@ch expression shalt, unlessl icensee's successor/Licenseesa d m i n i st ra t o,-. ;; i;:i'd;"rl'"T,',

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h e i rs, e x e c u te rsother part.

2 WHEDREAS THE Licensees has/Licensees have appried tothe Government . for permission to construct on theGovernment land an approach road *i ln

--n".essary

i l : : : : : , for*drainage to his/their property abutt ing on theboundary of g

in Ki lometreof the

in the- TalukaDistr ict mor" part icularly des.ribeJ ,n

:H :,,:1", i :1^:: " : I : g, ! : :.,o u n o -, r, o Jui - ; ; ffi i',"# ;

:::Tli1".hereto (hereinafter referred to as .,tf," '"uiipremises',)

AND WHEREAS THE Government have agreed to grantsuch permission on the terms and condit ions hereinafter, ment ioned.

,ryOry, !his agreement witnesseth that in considerationhereinafter contained and on the part -

of thelicensee/ricensees to be observed and performed theGovernment hereby grants to the ricensee/ricenseespermission to constru.ct an approach road with-n"."rrurydrainage works to the. said premises u, p", 'a-pproveO

drawings attached subject to the foilowing teils andcondi t ions, namely:-(1) That the ricensee/ricensees shail, within three monthsfrom date of receipt of the permission but withoutinterfering in.any yvay with the.road tiaffi i , compfetethe constructio.n of tr 're approach road and sha, makeprovision for drainage to the full satisraction of the

, Executive Engineer/project Director/NHAii;;;.rge ofthe Nat ional Highway according' to t f re upprou"O

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( 3 )

drawings and speci f icat ions. The sa id approach roadshall not be brought into use after i ts completionunless the Execut ive Engineer (Div is ionalEngineer)/Project Director gives a completioncert i f icate after satisfying himself that i t has beencompleted as per the sanct ioned drawings andspecif ications.

That on the completion of the said work that part ofthe approach road which l ies within the l imits ofGovernment road land together with any culvert ordrain therein constructed shall become the absoluteproperty of the Government, subject to the rights ofthe l icensee/l icensees to use the same for eggressand ingress.

The l icensee/l icensees shall at his/their own cost keepthe sa id approach road, and any cu lver t or dra inthere in in proper repai r and condi t ion to thesat is fact ion of the Execut ive Engineer /Div is ionalEn gineer/ Project Director.

That wi th in Six months of a not ice duly g iven to thel icensee/ l icensees in th is behal f , the l icensee shal l a this/their own cost remove the said approach road orany dra inage work constructed in connect iontherewith and restore the land to i ts original condit ionwhen required to do so by the Goverqment or by anyperson duly author ized on i ts behal f . Thelicensee/I icensees shall not be entit led to anycompensat ion on account of such removal o f suchremoval and restoration.

(5) That the approach road shal l not be used for anypurpose other that that of access to and egress fromthe premises of the Licensee/Licensees on to theGovernment road.

(6) That the l icensee/ l icensees shal l not , wi thout thepr ior permiss ion in wr i t ing of the Execut iveEngineer/Divisional Engineer/ project Director in anyway extend or alter the said approach road or anyculvert or drainage therein.

(7) That the l icensee/l icensees shall at al l t imes permitany duly authorized off icer or servant of theGovernment to inspect the said approach roadinc lud ing any cu lvef t or dra inage there in. He shal lkeep the said approach road soon and shall not beentit led to close any right of way over or in respect ofthe same against Government or any Member of thepubl ic .

(B) That the l icensee/l icensees shall be l iable for any logior damage caused to the Government by thedrainage obstruction or any other l ike cause due to

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the sa id approach road or the dra inage work.(9) That the permiss ion granted by th is l icense shal l not

in any way be deemed to convey to thel icensee/l icensees any right into or over, or anyinterest in Government land other than hereinexpressly granted.

(10) That in case the said approach road is destroyed, thisl icence shall determine and the l icensee/l icenseesshall not be entit led to claim any right to constructanother approach road in l ieu of that so destroyed,

(11) That dur ing the subsis tence of th is l icence, the sa idapproach road inc lud ing the road dra inage shal l bedeemed to have been constructed and continued onlyby consent and permission of the Government so thatthe right of the l icensee/l icensees to use the sameshal l not become absolute and indefeasib le by lapseof t ime,

(12) That , i f the l icensee fa i ls / l icensees fa i l to execute anywork which he has/they have agreed to executeunder this agreement to the ful l satisfaction of theExecutive Engineer/Divisional Engineer/ projectDirector at the cost of i icensee/l icensees and theexpenditure incurred shall be recoverable from the, lecensee as an arrear of land revenue wi thoutpre jud ice to any other remedies which may be opento Government in th is behal f

(13) That the l icensee/ l icensees shal l not se l l , t ransfer orotherwise dispose of the premised without obtaini;rgfrom the transferee a duly executed agreement withthe Government embodying the terms and condit ionsherein before mentioned

(L4) That no fee shall be charged for the l icense(15) That i f and when para l le l serv ice roads are

constructed the access to the premises shall be fromthe service road alone as determined by the ExecutiveEngineer/Division Engineer/ project Director and noclaim for compensation shail be entertained on thataccount.

(16) That this agreement shall remain in force for threeyears from the date of execution in the first instanceand be terminable by a notice of 6 months and thepermission may or may not be renewed after expiryof the said period.

(L7) That the l icence herby granted shall not betransferable. . l

(18) That the l icensee/l icensees shall bear the cost ofstamping and execution of this Agreement.

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tsftq5 Not-wi thstanding anyth ing conta ined in c lause 4(4) , th islicence may be_cal.^"],"ij * ;it Ov tn" ri."r,sor throughthe Executive Engineer/ Divisionat engineer/ project Directorfor breach of any of the t"*r '""0 condit ions of the r icenceand the ricensee/ricensees

'riJir no, be entitteJ' ro anycompensation for loss .urr"J" to him/ in"*-uv suchcance'ation nor sh.arr r'r"zt-rrev b:. aoiorveo

" rrom anyfiabitities arready. i"irri.i '" dv him/them under thisAgreement. rhe

'ricensee/iileniJes snart at his/their owncost remove the approach road lying within tf,e UornO ary ofthe Government,.rana .na *J"i" the Government fand toits originaf condition. l" ir '" '""""-"t of l icensee/ricenseesrefusing to do ro,,.!!" rurtorui]on" or ,nu Government rand toits originar condition ;;; l i ' ; ; "donu

by the ExecutiveEngineer/Divisionat rngineei *;"9, Director at the cost oFticensee/fic"n.."r-,und- il;'J;!l-o,rrr" incurred sha, berecoverabre from the ricense"lril"nru"s as an arrear of rand':"#:;,:''|i}j,.i fi lXiT ff ,,. ;:-r".,[: "" ." " o' ! i' i,T, J n," u,SCHEDULE

(HERE ryPE THE SCHEDULE REFERRED TO INCLAUSE 2)IN WITHESS WHEREOF

duplicate by the part ies heretotheir respective signatures.

- ' - '"

Signed by'Shri (Name in fuil)the licensee

the constituted attorney ofthe licensees

In the presence of

this .agreement is executed inon the dates ment ioned below

lor and on behatf of thePresident of India UnierSgcr_etary .to the eonerrmii,toj India. Ministry of Roadtransport and Highways

1. Name in fu l l 1 . Name in fu l lWith designation

(signature) ' with designation

z. Name in fui l (signature)

2. Name in fu l lWith designation

(signature) with designation

(signature)N.B. ( i) Wherever alternatives such as *atJfrom,

his/their t icensee/l icensees Executive engineer/Diul ion.uf Engineer / has/haveetc. aregiven, onry qppricaore iort- io;;; ; i l be typed in rhe fair l icenceOeed. (ii) ff NH section proposed to be takclause is to be inr"rtuo in the agreerunt. ,,T,:? -bI ryIA.|.91 Bor basis - ar ne permitted Highway on which

t'rf n,Licensee has been oranted.the righfto access nas aiso been granted as aright of way to fhe c6ncess ionaire under the concession agreement for up_gradation of [-- section from Km b Km :_-_-__ of NH No._ ---on Build, operate and rransfer aasiij and therefore, the ricensee shailhonour the same.,,

Documents

Guidelines NHAI Private Properties