For any individual or company owning land that adjoins a National Highway, the term “Right of Way” (ROW) is one of the most important, and often misunderstood, concepts. The ROW is the very foundation of the highway’s legal and physical existence, and the rules governing it are absolute. Understanding these rules is essential before you plan any construction or seek access permission.
This guide explains what the NHAI Right of Way is, how it’s defined, and what your rights and obligations are as an adjacent landowner.
What is the Right of Way (ROW)?
The Right of Way is the total width of land acquired by the government for the construction, operation, and future expansion of a highway. It is not just the paved, black-top road. The ROW includes:
- The main carriageway (the paved road).
- The shoulders (the paved or unpaved area next to the road).
- The median (the central strip separating traffic).
- Land reserved for drainage systems, utilities, and future lane expansions.
- Any service roads constructed as part of the highway project.
The ROW is government land, and the National Highways Authority of India (NHAI) has complete administrative control over it. The legal basis for this control is enshrined in the National Highways Act, 1956 and the National Highways (Land and Traffic) Act, 2002.
How is the ROW Defined and Why Does it Matter?
The width of the ROW is not uniform across all National Highways. It is defined in the land acquisition plans for each specific highway project and is typically 60 meters (approximately 200 feet) for new highway projects. However, it can be narrower in built-up areas and wider in open terrain.
Why it matters: The boundary of the ROW is the line where your private property ends and government highway land begins. Any unauthorized construction, access, or activity within this ROW is considered an encroachment and is subject to penalties, including demolition and fines.
Key Rules and Obligations for Landowners
1. The Building Line and Control Line: The law defines two critical boundaries beyond the ROW:
- Building Line: This is the line on either side of the highway land up to which no permanent structures are allowed. It is measured from the center-line of the highway.
- Control Line: This is a line beyond the Building Line. Between the Building Line and the Control Line, construction may be allowed, but only with prior permission from the highway authorities.
- Impact: This means you cannot construct your main building right up to your property edge if it falls within these restricted zones. This is a critical factor for site planning.
2. The “No Access” Rule: By default, you have no right of access to the highway from your property. Access is a privilege that must be applied for and granted by NHAI through a formal license agreement, as detailed in the MoRTH guidelines on access permission.
3. Setback Requirements: When you get access permission for a facility like a fuel station or a hotel, the approval will specify a minimum setback distance. This is the minimum distance your permanent structures (like buildings, fuel pumps, or pylon signs) must be from the highway land boundary. This ensures that future highway widening does not require the demolition of your main structures.
4. Encroachment is a Punishable Offense: Any unauthorized activity within the ROW is an encroachment. This includes:
- Creating an unauthorized access path.
- Dumping materials or debris.
- Erecting fences, signs, or temporary structures.
- Parking vehicles.
NHAI is empowered by the National Highways (Land and Traffic) Act, 2002, to remove encroachments and penalize offenders.
How to Find Your Property’s ROW Boundary
The most reliable way to determine the exact ROW boundary for your property is to:
- Consult a Qualified Surveyor: They can survey your land and mark the precise boundary based on official land acquisition maps.
- Contact the Local NHAI PIU: The Project Implementation Unit (PIU) office for your area maintains the records and plans for the highway and can provide information on the official ROW width.
Understanding the Right of Way is the first step in responsible property development along a highway. It ensures your project is legally compliant, safe, and secure from any future disputes or regulatory action. Always verify the ROW before you buy land or begin any design work.
