Nhai Rules for Construction

However, the letter was written to ensure that local authorities do not issue permits for the construction of buildings in the no-go zone, at least in the future, the engineer said. Land acquisition and other related procedures for the reconstruction of NH-66 as a six-lane highway are underway. Thousands of families will be affected by the new distance limitation regime. Many of them will be forced to leave the country. The authorities concerned indicate that there are no provisions for the rehabilitation of these persons. In many cases, the Supreme Court upheld the government`s position on the construction-free zone for national roads and state highways (40 m from the highway center line) and ordered the demolition of buildings erected at Padubidri Gram Panchayat Borders (August 2021) and Uppunda Gram Panchayat Borders (July 2021). He also pointed out that the Supreme Court had categorically stated that action should be taken against the officials concerned if buildings are allowed to be constructed in the no-construction zone. The National Highways Authority of India (NHAI) has issued an order to increase the minimum distance for roadside structures to 7.5 metres. Currently, the minimum distance between houses and the highway was 3 meters and commercial facilities was 6 meters. Now there will be no such classification. In a recent order, a county bank headed by Judge Satish Chandra Sharma ordered the demolition of buildings erected in Kaup town, Udupi district, on National Road 66. The Chamber cited an order of the Karnataka High Court of December 1999.

In that order, the court ordered the authorities to strictly adhere to the restrictions on these constructions. The rules stipulate that there can be no construction work within 40 meters of national roads, national highways and 25 meters from the center of the road in the case of a main district road. NHAI has avoided access fees for homes and small commercial buildings. The fee for residential buildings was Rs 10,000 and Rs 2.85 lakh for commercial buildings. Advertisements with an area of at least 1,300 m² are excluded. The NHAI Certificate of No Objection (NOC) is required for local authorities to obtain permission to build the highway, and access fees were also required for this. The Department of Public Works (PWD) of National Highways has received instructions from the Agency for Change. Construction is not allowed in the 5 m of NH terminals. However, construction between 5 and 7 m is allowed under certain conditions. To do this, the landowner must file an affidavit with the NHAI stating that they would demolish the building without compensation if National Highway Development needed the land. It was an obligation for ordinary people to pay Rs 2.85 lakhs for commercial buildings, as single-room shops and even high-rise buildings had the same price. When complaints were filed, small vessels were exempted from this tax.

However, there is no change in the rule that ANOC is mandatory by the NHAI for all types of construction. Applications must be submitted through the authority`s certified consulting firms. The collection of access fees began on April 1, 2014, but no fees were collected on the houses. The NHAI has asked PWD to implement the rule as of April 1, 2020. This leaves thousands of permit applications for the construction of homes in the offices of people with disabilities unresolved. The new rules will bring relief to people. “In the light of the above-mentioned judgment and also taking into account the legal provisions and in accordance with the circular of the Government of Karnataka of 22 December 2005, buildings exceeding the boundaries of the buildings must be demolished to the extent that they exceed the boundaries of the building. The other important aspect of the issue is that the authorities that granted the permit for such unauthorized structures also deserve to be treated in accordance with the law,” the bank said.

Landowners who have abandoned their land for NH development are now stuck with the new distance limit. They must respect this distance limit for each construction of buildings on the land remaining after making land available for NH development. This rule does not apply to partially demolished residential and commercial buildings. Once PWD has certified building safety, these structures can be used. The National Roads Division of the Karnataka Department of Public Works has instructed all urban and rural local authorities not to allow the construction of buildings within 40 m of the centre line of a national highway under its jurisdiction. The Supreme Court has ordered the National Highways Authority of India (NHAI) and other relevant authorities to ensure that construction in the “no-build zone” along national roads is not allowed. According to the provisions of the Karnataka Highways Act and a circular of 2005, no construction can take place within 40 meters of the center of the national highway. Therefore, 40m on both sides of a national road should be maintained as a construction-free zone, the department said. In one such letter to the Municipal Commissioner of Udupi City Council, the Deputy Chief Engineer of the Sringeri National Roads Subdivision drew his attention to an order of the Supreme Court of Karnataka dated 7 September 2021, which confirmed the department`s position on the matter. On 1 April 2002, the Government established the rules establishing free zones for national roads, national roads and main district roads (25 m).

According to recent court orders, on December 13, 2021, the additional chief government secretary of the Department of Public Works wrote to all chief engineers of the construction wings in order to strictly adhere to the specifications, the non-compliance of which will hold the affected engineers responsible for violations. The National Highways Authority of India (NHAI) has decided to increase the minimum construction distance of the National Highway (NH) to 7.5 meters (m). The minimum distance between the highway and the houses was 3 m, for commercial facilities 6 m. The National Highways Section of the Department of Public Works (PWD) has received instructions from the agency. No construction is allowed within five meters of the pillars of the national road. However, the construction will be subject to conditions within a radius of 5 to 7 meters. The National Highways Authority of India (NHAI) has decided to increase the minimum construction distance of the National Highway (NH) to 7.5 meters (m). The minimum distance between the highway and the houses was 3 m, for commercial facilities 6 m. The Department of Public Works (PWD) of National Highways has received instructions from the Agency for Change. Construction is not allowed in the 5 m of NH terminals.

However, construction between 5 and 7 m is allowed under certain conditions. To do this, the landowner must file an affidavit with the NHAI stating that they would demolish the building without compensation if National Highway Development needed the land. Landowners who have abandoned their land for NH development are now stuck with the new distance limit. They must respect this distance limit for each construction of buildings on the land remaining after making land available for NH development. This rule does not apply to partially demolished residential and commercial buildings. Once PWD has certified building safety, these structures can be used. NHAI has avoided access fees for homes and small commercial buildings. The fee for residential buildings was Rs 10,000 and Rs 2.85 lakh for commercial buildings. Advertisements with an area of at least 1,300 m² are excluded. The NHAI Certificate of No Objection (NOC) is required for local authorities to obtain permission to build the highway, and access fees were also required for this. The collection of access fees began on April 1, 2014, but no fees were collected on the houses. The NHAI has asked PWD to implement the rule as of April 1, 2020.

This leaves thousands of permit applications for the construction of homes in the offices of people with disabilities unresolved. The new rules will bring relief to people. Read also: NHAI takes over the construction of the airlift on the Jaipur-Kishagarharh road Read also: NHAI takes over the construction of the airlift on the Jaipur-Kishagarharh road The new distance limit has dealt a blow to landowners who give up land for the development of national roads because they have to respect the distance limit, even if they build new buildings on land left for NH development after ceding land.