ARTICLE
13 August 2024

MoRTH Clarifies That Inspecting Authorities Must Mandatorily Ascertain Unauthorised Occupation Of Highways

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On March 18, 2024, MoRTH clarified the powers of inspection conferred on the inspecting authorities of MoRTH and implementing agencies such as NHAI.
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On March 18, 2024, MoRTH clarified the powers of inspection conferred on the inspecting authorities of MoRTH and implementing agencies such as NHAI. As per the clarification, inspecting authorities have been directed to ascertain unauthorised occupation of national highways during the course of inspection.

As part of the inspection, the inspecting authorities have been directed to bring out in their inspection report, whether or not there is unauthorised occupation or encroachment of a highway stretch and the extent of such unauthorised occupation. The inspecting authorities have been directed to submit this report to the designated national highway administrators.

In turn, the clarification has directed the project directors of NHAI, general managers/deputy general managers of National Highways & Infrastructure Development Corporation Limited or the executive engineers of the State highways i.e., the highway administrators, to remove the unauthorised occupation under Sections 26 and 27 of the Control of National Highways (Land and Traffic) Act, 2002 read with the Highway Administration Rules, 2004.

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