New Guidelines for Access to Indian National Highways

The Ministry of Road Transport & Highways has revised its guidelines for granting access permission to establishments along National Highways. This new circular, dated June 26, 2020, supersedes previous guidelines and aims to ensure seamless traffic flow and enhance road safety.

Why the Change?

The revised guidelines address several challenges:

  • Uncontrolled development and encroachments along National Highways have created “Black spots” or accident-prone areas.
  • There are different categories of establishments to consider: those that existed before a highway was notified and those that were built after.
  • The Ministry is developing new highways as access-controlled roads, where entry and exit are only permitted at specific points.

Who Needs Permission?

The guidelines apply to a wide range of establishments seeking access to a National Highway, including:

  • Fuel stations (Petrol/Diesel/Gas/EV charging stations).
  • Wayside amenities and rest areas.
  • Private properties, including individual homes and small shops.
  • Urban townships, colonies, and industrial estates.
  • Educational institutions, hospitals, and shopping malls.
  • New urban or rural roads connecting to the highway.

The Application Process

The entire process for obtaining permission is now exclusively online.

  1. Submission: Applicants must submit a self-certified proposal with drawings and layouts to the entrusted authority, such as the Project Director of NHAI or the Executive Engineer of the State PWD’s National Highway Wing.
  2. Processing: The proposing authority will review the application and may request further documents within 30 days of receipt. They will then forward their recommendations to the Highway Administration within 30 days.
  3. Provisional Permission: The Highway Administration will either grant provisional permission or reject the application within 15 days of receiving the field officer’s comments. This provisional permission is valid for one year, extendable by one more year. The establishment cannot be put into commercial operation during this time.
  4. Final Permission: After the facility is constructed according to the approved drawings, the applicant must apply online for final permission. The final approval is granted within 15 days of the Proposing Authority confirming the satisfactory completion of the work.

Fees and Penalties

The guidelines outline specific fees and penalties:

  • New Fuel Stations/Wayside Amenities:
    • Non-refundable Processing Fee: Rs. 10,000/-.
    • Provisional Approval Fee: Rs. 20,000/-.
    • One-time License Fee: Rs. 2,50,000/-.
    • A bank guarantee of Rs. 2,50,000/- is also required for successful completion of the access construction.
    • A penalty of Rs. 2,50,000/- is applied for operating a fuel station without prior permission.
  • Existing Establishments:
    • If an existing facility was approved by the State/UT government before the road was declared an NH, a processing fee of Rs. 10,000/- is required for renewal.
    • If an existing facility has no prior permission, the owner must apply as if it were a new case, paying the processing fee, provisional approval fee, license fee, and an additional penalty of Rs. 2,50,000/-.

Compliance and Enforcement

The Highway Administration reserves the right to inspect sites at any time for deviations from the approved norms. If a deviation is found, the owner has 60 days to rectify it. Failure to do so can result in the de-energization of the fuel station and disconnection of its highway access. The access will only be restored after complete rectification and authorization by the Highway Administration.

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