Grant of permissions for construction of access to Fuel Stations, Wayside amenities, Private Properties, Rest Area Complexes, connecting roads & such other facilities/ establishments
The Government of India, Ministry of Road Transport & Highways issued Circular No. RW-NH-33032/01/2017-S&R(R), dated 26 June 2020, revising the guidelines for permission to construct access from National Highways to fuel stations, properties, connecting roads and other facilities. The circular supersedes the earlier guidelines in force and requires the revised guidelines to be followed without deviation.
What the guidelines govern
The Ministry of Road Transport & Highways guidelines regulate access between National Highways and roadside developments. They cover new urban or rural roads, townships, industrial parks, educational institutions, hospitals, shopping malls, commercial establishments, wayside amenities, fuel outlets, electric vehicle charging stations, hotels, restaurants, industries, shops, houses, residences and agricultural farms.
The guidelines distinguish between establishments already present when a road becomes a National Highway and developments created later. Their stated purposes include maintaining traffic flow, limiting interference from vehicles entering the highway right of way and improving road safety.
Who is affected
The Ministry of Road Transport & Highways requirements affect applicants, property owners, oil and gas companies, public and private developers, and agencies seeking direct access to a National Highway. In Tamil Nadu, this may include anyone developing or operating a property beside a National Highway where entry or exit connects with the highway.
The guidelines also apply to State Public Works Departments, the National Highways Authority of India, the National Highways and Infrastructure Development Corporation Limited and other notified Highway Administrations.
Key requirements
- Access permission must be obtained from the concerned Highway Administration or the authority entrusted with the National Highway.
- Applicants must submit a self-certified proposal with drawings, layouts, nearby details and other relevant features that conform to the prescribed norms.
- Applications are submitted to the relevant project director, general manager, deputy general manager or Executive Engineer, depending on which organisation controls the highway.
- The applicant or authorised representative remains responsible for the accuracy of documents and for construction according to the approved drawings.
- Video recordings must cover the position before and after completion of the construction work.
- Applications are processed through the online system after payment of the prescribed processing and provisional permission fees and submission of the complete documents.
- Where a later development requires a service road, overpass, underpass, flyover, junction or interchange, the agency requiring that connection must provide it at its own cost.
- State Governments and infrastructure agencies must provide service roads at their own expense outside the highway right of way for relevant access-controlled facilities.
Non-compliance
The Highway Administration may suspend or disconnect access if construction does not meet the prescribed norms. Before terminating a lease or licence, it must issue notice identifying the violation and allow a reasonable period, not exceeding 60 days, for correction. If the recipient does not respond, permission may be withdrawn after 60 days without further notice.
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Common questions
Do I need permission to connect my property directly to a National Highway?
Yes. A person or entity requiring access must apply to the concerned authority entrusted with that National Highway and submit a proposal conforming to the prescribed norms.
Do the guidelines cover electric vehicle charging stations?
Yes. The definition of a fuel station includes petroleum and diesel outlets, gas outlets, electric vehicle charging stations and biofuel pumps.
Who prepares the access drawings and layouts?
The applicant is responsible for preparing and submitting them. An oil or gas company, applicant or property owner may engage a consultant or architect, but the authorised representative remains responsible for accuracy and proper execution.
What can happen if the approved access design is not followed?
The fuel station may be de-energised and access to the fuel station or property may be disconnected. For breach of imposed conditions, notice must identify the problem and normally allow up to 60 days to correct it.
