**Executive Summary**
This document is a response to Lok Sabha Unstarred Question No. 3045 regarding the enforcement of the Control of National Highways Act, 2002, answered on December 18th, 2025. The response addresses cases registered under Section 3 of the Act, prevention of damage to National Highway assets, and charges levied on utility service providers using NHAI land. It indicates that the Government ensures full compliance with the Act.
**Key Points / Main Content**
* **Control of National Highways Act, 2002**
* Section 3 deals with the establishment of Highway Administration.
* Section 36 read with Section 27 pertains to the recovery of repair costs.
* **Damage to National Highways**
* No cases of damage to National Highways have been reported in the last three years.
* The Government ensures full compliance with the Control of National Highways Act, 2002 to prevent avoidable damage.
* **Charges for Utility Services**
* Comprehensive guidelines have been issued under Section 38 of the Control of National Highways (Land and Traffic) Act, 2002, via Letter No. RW/NH-33044/28/2015/S&R(R) dated 22.11.2016 and subsequent amendments, for accommodating Public and Industrial Utility Services.
* These guidelines specify norms and charges for using the National Highways Right of Way (RoW).
* Permission for accommodation is granted subject to fulfillment of norms and deposit of charges for the National Highways Right of Way.
**Impact Analysis**
**Government/Ministry of Road Transport and Highways:**
* **Impact:** Responsible for enforcement of the Control of National Highways Act, 2002, issuing guidelines, and ensuring compliance.
* **Action Required:** Continue to ensure compliance, enforce charges for utility service providers using NHAI land, and follow established guidelines for accommodating public and industrial utilities.
**National Highways Authority of India (NHAI):**
* **Impact:** Responsible for levying charges from utility service providers using NHAI land and for implementing the guidelines for accommodation of public and industrial utilities in NH RoW.
* **Action Required:** Levy appropriate charges, ensure norms are fulfilled before granting permission for accommodation of public and industrial utilities, and deposit charges collected for National Highways Right of Way.
**Utility Service Providers (Electricity, Water, Gas, Telecommunication Companies):**
* **Impact:** Subject to charges for installations passing through NHAI land.
* **Action Required:** Adhere to the guidelines issued under Section 38 of the Control of National Highways (Land and Traffic) Act, 2002, fulfill the norms, and deposit the required charges for using the National Highways Right of Way.
Key Entities Referenced
Control of National Highways Act, 2002: The central act providing for the control of national highways.
National Highways Authority of India (NHAI): The authority responsible for the development, maintenance, and management of national highways in India.
Ministry of Road Transport and Highways: The ministry responsible for the formulation and administration of the rules, regulations and laws relating to road transport, national highways and transport research.
GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
LOK SABHA
UNSTARRED QUESTION NO. 3045
ANSWER ON 18th DECEMBER, 2025
ENFORCEMENT OF THE CONTROL OF NATIONAL HIGHWAYS ACT,
2002
3045. SHRI PARSHOTTAMBHAI RUPALA:
Will the Minister of ROAD TRANSPORT AND HIGHWAYS
सड़क परिवहन औि िाजमार्ग मंत्री
be pleased to state:
(a) the total number of cases registered under Section 3 of the
Control of National Highways Act, 2002 along with the details of
repair costs recovered from the responsible parties for damages
caused to National Highways;
(b) whether the Government is aware that strict enforcement of
the said Act would help prevent avoidable damage to National
Highway assets and if so, the details thereof; and
(c) the steps taken by the Government or the National Highways
Authority of India (NHAI) to levy charges from utility service
providers such as electricity, water, gas or telecommunication
companies for installations passing through NHAI land in view of
the potential to generate substantial revenue?
ANSWER
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
(SHRI NITIN JAIRAM GADKARI)
(a) and (b) Section 3 of the Control of National Highways (Land and
Traffic) Act, 2002 deals with the establishment of HighwayAdministration. The recovery of the repair cost is done under
Section 36 read with Section 27 of the Act. As per information
available, no case of damage to National Highways (NHs) has been
reported in the last three years. The Government ensures full
compliance with the provisions of the said Act.
(c) The Government in Ministry of Road Transport & Highways vide
Letter No. RW/NH-33044/28/2015/S&R(R) dated 22.11.2016 and its
subsequent amendments, has issued comprehensive guidelines
under Section 38 of the Control of National Highways (Land and
Traffic) Act, 2002 for accommodation of Public and Industrial Utility
Services along and across National Highways. Under these
guidelines, norms and details of charges for use of the National
Highways Right of Way (RoW) have been specified. The permission
for accommodation of public and industrial utilities in NH RoW is
granted subject to the fulfilment of norms and deposit of charges for
the National Highways Right of Way.
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