Standard Operating Procedure (SoP) for Identification, Reporting and Removal and Recovery of Cost of Removal of Unauthorized Occupations and Regulation of Traffic on National Highways

144.28.1 NH-11014t171 t2075-HA Government of lndia Ministry of Road Transport & Highways (Highway Administration Ce[[) Transport Bhawan, 1, Partiament Street, New Dethi - 110001 Dared 07.08.2025 1. The Chief Secretaries of a[[ the State Governments/ UTs 2. The Principat Secretaries/ Secretaries of aU Statesi UTs Pubtic Works Department dealing with Nationa[ Highways, other centratly sponsored schemes. 3. A[[ Engineers-in-Chief and Chief Engineers of Pubtic Works Department of States/ UTs deating with NationaI Highways, other centratty sponsored schemes. 4. The Director General (Border Roads), Seema Sadak. Bhawan, Ring Road, New Delhi 5. The Chairman, Nationat Highways Authority of lndia, G-5 & 6, Sector-10, Dwarka, New Dethi-110 075. 6. The Managing Director, NHIDCL. 7. Att Regionat Officers of the Ministry/NHAI and EDs of NHIDCL Subject: - Standard Operating Procedure (SoP) for ldentification, Reporting and Removal and Recovery of Cost of Removat of Unauthorized Occupations and Regulation of Traffic on NationaI Highways. 5ir ln exercise of the powers conferred under Rule 3 of the Highway Administration Rutes, 2019 issued under the provisions of the Controt of National Highway (Land and Traffic) Act, 2002, the Competent has approved fottowing attached Standard Operating Procedure (SoP) for ldentification, Reporting, Removal and Recovery of Cost of Removal of Unauthorized Occupations and Regutation of Traffic on National Highways in supersession to guidelines No. NH-1't014/2024-LA dated 18.03.2024 regarding inspection of NationaI Highway for ascertaining the unauthorized occupations on NHs. 2. Att concerned stake holders are directed to fotlow this Standard Operating Procedure (SoP) for implementation of provisions of the ControI of NationaI Highway (Land and Traffic) Act, 2002. Digitally signed bY GANESH EAPU SHELAR oate:2025.08.07 12i49:45 +05'30' (Ganesh B. Shetar) Executive Engineer Copy to: i. NIC -for uptoading on Ministry's website under "Whats new" and under compendium in supersession to code 144.28 dated 24.11.2024 Copy for kind information to: i. Sr. PPS to Secretary (RT&.H) ii. Sr. PPS to DG (RD) SS iii. Sr. PPS to AS(H&LA)Annexure-V Standard Operating Procedure (SoP) for ldentification, Reporting and Removal and Recovery of Cost of Removal of Unauthorized Occupations on and Regulation of Traffic and Closure of National Highways 1. lnspection of National Highwayt .1 1 ln order to ensure that National Highways remain free from unauthorized occupation and safe for movement of vehictes, it has been decided that it shatt be obtigatory on the part of alt inspecting authorities of the Ministry and its imptementing agencies to ascertain unauthorized occupation on or damage to National Highways and determine the fact and extent of unauthorized occupation in the lnspection Note, bringing the same promptty to the notice of the officer authorized on behalf of Highway Administration to remove the unauthorized occupation under Sections 26 and 27 of the Control of Nationat Highways (Land and Traffic) Act, 2002 (henceforth referred to as the Act), read with retevant provisions of the Highways Administration Rutes, 2004 (henceforth referred to as the Rules). lt has also been decided that the inspection notes, atong with visuat and other evidence, shatt be uploaded on the designated portal (Datatake). 1.2 Frequency of lnspection: Att the fietd officers of the Ministry and its agencies shatt conduct inspections for the purpose of ascertainment of unauthorised occupation/encroachment on or damage to Nationat Highways as per the fotlowing tabte: A. At Reeionat Office level of MoRTH /NHAI/NHIDCL st Office Name Designation Frequency of No. lnspection Regionat Office of Chief Engineer/Superintending Engineer- At least once in 1 MoRTH cum- Regional Officer/ ELO three months; 7 Executive Engineer/ Asst. Executive At least once in three Engineer months other than the inspections by the Regionat Officer; 3 Regional Office of Chief General Manager / Genera I At least once in NHAI Manager-cum- RegionaI Officer three months; / 4 Dy. Generat Manager Manager/ Dy At least once in three Manager months other than the inspections by the Regiona( Officer; 5 Regionat Office of Executive Director At least once in NHIDCL three months; / 6 Generat Manager Dy. General Manager At least once in three /Manager months other than the inspections by the Regional Officer; B. At PIU/NH Division Level Page 1 of l0SI Office Name Designation Frequency of No. lnspnciion / PlUs of Ministry/NH Executive Engineer Asstt. Executive At teast once in 1 Division of state Engineer / Dy. Executive Engineer/ month PWD/BRO Divisionat E ineer or equivatent 7 PIUS of Project Director At least once in NHAI/NHIDCL (General Manager / Dy. General Manager month /Manager) The above designated Officers may combine an inspection under this circutar with fietd visits/ inspections to be conducted for other purposes. 1.3 Obligation of Contractor/ Concessionaire/ Authority Engineer/ lndependent Engineer/ Supervision Consultant regarding unauthorized occupation/ encroachment: Apart from the inspection and subsequent fottow-up action to be taken up by the inspecting authorities of MoRTH and its agencies, the Regional Officers shatt ensure that Contractors/ Concessionaires maintain vigiI over their project lengths and remove unauthorised occupation or encroachment on Nationat Highways as per the provisions of the retevant agreement cited betow. Simitarty, alt Authority Engineers/ lndependent Engineers /Supervision Consuttants sha[[ ensure that such unauthorised occupation/encroachments are reported to the concerned Project Directors/ Executive Engineer/ Divisional Engineer as per the provisions of the retevant contracts cited below. sl Contract Type Retevant Articles of the Obtigation No. Contract Documents regarding During the During the unauthorized Construction maintenance occupation/ period/ O&M encroachment Period Engineering Articte 8.5 Articte Prevention, 1 Procurement and 14.1(ii)(e) and reporting and Construction (EPC) Schedute E removal 7 Hybrid Annuity Mode Articte 6.2.3 & Articte 10.5 and (HArrl) 10.3.3 17 .1 Buitt 3 Operate and Articte 10.3.3 Articte 10.5 Transfer (BOT) 6 4 Supervision Authority Section of Section 6 of TOR Reporting Contract Engineer TOR unauthorized in (AE) occupation the Monthty Progress Report and Monthly Maintenance Report Article 5 Performance Based Not applicabte 2.1 .1, Prevention, Maintenance Contract 3.1, 4.1.2, 4.1.9 reporting and (PBMC) and Annexure-E removat 6 Short Term Maintenance Section-7 Prevention and Contract (STMC) reporting 1.4 ln addition to the above, the instructions issued by Ministry from time to time and the provisions contained in the amendments to above Model Contract/ Concession Agreement shatt be fottowed. 1.5 Drone Survey and aerial imaging: Further, alt Regional Officers of Road Wing/ NHAI/ NHIDCL shatt ensure the drone survey of att Nationat Highways under their jurisdiction and uptoad the reports/inputs in prescribed format on the designated portal(Datatake) for Page 2 of 10assessment of information and to take necessary actions retated to prevention, reporting tiij and removat of unauthorized oc:iJrJations on and damage to the National Highways. ln regard, the instructions issued by the Ministry for drone survey and satettite imagery shatt be fottowed. The frequency for the drone survey/aerial imaging is as under: Stage of the project Frequency During Construction Quarterty During Operation and maintenance period Monthty in urban areas having poputation above 1 lakh and within 10 km of urban limits Quarterty in urban areas having population upto 1 lakh and within 5 km of urban timits Once every six months in rurat areas. Page 3 of 102.ldentification and Reporting of unauthorised Occupations 2.1 Notice: lssuance of Preliminary As part of periodical inspection or after verification of the complaints received from generaI public through Rajmarg Yatra App/ web portat/ emait/ Pubtic Grievance portat or through any written or oral means the concerned fietd officer, i.e., Executive Engineer/ Project Director/GeneraI Manager/ Deputy Generat iianager or any other equivatent [eve[ officer heading the Divisional Office/ Project imptementation Unit or equivatent lmptementation Site Office responsibte for development, operation and maintenance of the National Highway shatt issue a Pretiminary Notice in the form at Annexure I to the persons/entities in unauthorised occupation on the Nationat Highway. A copy of the Pretiminary Notice shatlalso be sent to the District Magistrate and the Superintendent of Police/ Deputy Commissioner of Police. The concerned fietd officer shatl afterwards make att efforts to get the unauthorized occupation removed with the assistance of the [oca[ panchayat, municipal body, trader's associations and [oca[ community and locaI administration and potice. A Memo sha[ atso be prepared by the concerned fietd officer, recording the detaits of the Preliminary Notice and subsequent efforts and interventions made. 2.2 lnvoking the Jurisdiction of the District Magistrate: lf, however, the concerned fietd officer faits to get the unauthorized occupation removed in a reasonabte time despite his best efforts, he shatl report the matter, atong with a[[ evidences, inctuding visuat, and a copy of the Pretiminary Notice issued and the Memo recording the efforts made to remove such occupation, to the District Magistrate who is notified as the Officer authorized on behatf of the Highway Administration under Section 26 of the Act for removal of unauthorized occupation. The District Magistrate shatl then proceed in accordance with the provisions of Section 26. The form for issuing the statutory notice under Section 25 (2) of the Act, as prescribed by Rute 11 of the Rutes is at Annexure ll. 3.Removal of unauthorised occupation and lmposition of fines/ Penalties: 3.1 The removat of unauthorised occupation and imposition of penatty/fine under Sub- Section (6) of Section 26 and Sub-Section (1) of Section 27 of the Act, read with Rute 25 of the Rutes, sha[[ be done by the District Magistrate. 3.2 For the recovery of the cost for removal of unauthorised occupation and fine, the procedure defined in Section 27 of the Act shatt be fottowed. 3.3 The notices and bitt of recovery for removal of unauthorised occupation shatt be issued through the Court of the District Magistrate, who is the authorized officer on behatf of the Highway Administration under Section 26 of the Act. The form for bilt for recovery of cost of removal of unauthorised occupation and fine imposed is given at Annexure-lll, and the form for the Certificate for the cost of removal of unauthorized occupation and repair is given at Annexure lV. Page 4 of 103.4 ln addition to above, under Sub-Sections 7 and 8 of Section 26 of the Act, the officer authorised on behatf of Highway Administration (detegation of powers may be referred) can atso remove the unauthorised occupation without issuing any notice. 4. of nauthorlsed Occupation: U 4.1 The regutar monitoring of progress of removal of unauthorised occupation and damage to the National Highways shatl be done at foltowing [eve[ and the matter retated to issues/ required assistance shalt be hightighted in each review meeting. st Level of Review Frequency Remarks No i Regionat Officers Quarterty The unresotved matters are to be reviewed and of Ministry of Road basis brought to the notice of the concerned Secretary Transport and of the State Government for the resolution of the Highway/ NHAI and matter and providing atl necessary support to the EDs of NHIDCL as fietd officers. per territorial ln the event of non-resolution of the issues, the jurisdiction same shatl be brought to the notice of the Highway Administration through the concerned ZonaI Head of Road Wing/ the Member of NHAI/ the Director (Technical) of NHIDCL. l1 Highway Bi-annuaI Review of removaI of unauthorised occupation and Administration Basis taking up the issues with the concerned States. (Nationat levet) 4.2 Monitoring using Drone Analytics and Satellite based imaginaries: For monitoring of the encroachments the existing guidelines of the Ministry for use of Drone Anatytics and Satettite based imageries shatt be fottowed. A dedicated Drone Analytics Management System shatt be buitt up in the designated portal (Datalake) for this purpose and atl Regional Officers of Road Wing/ NHAI/ NHIDCL shat[ ensure monthly monitoring of the extent and removal of unauthorized occupation on the Nationa[ Highways in their respective jurisdiction. Filing and Summary Eoquiry The summary enquiry in the matter of unauthorized occupation of or damage to the National Highway shatl be conducted in accordance with Section 43 of the Act, 2002, read with RuLe 24 of the RuLes. on Page 5 of l0The regutation of traffic and temporary or permanent ctosure of a National Highway or part thereof shatl be ensured in accordance with the provisions of Chapter V of the Act, read with the Rutes and the Notification for Delegation of Powers. Annexure-l COURT OF HIGHWAY ADMINISTRATION Preliminary Notice for Removal of Unauthorised Occupation Whereas I ............................. on periodical inspection of the highway land on the information received by me, am satisfied that an unauthorized occupation has taken ptace on the Highway comprised of area (specify area) situated at K.M. ................ of N.H. No.......... (indicate location sufficient to identify area) and such unauthorized occupation has been caused by you/you are responsible for such unauthorized occupation (attach evidence, inctuding visuat); ..............-*..... Therefore, you (Name and address of person to whom notice is to be issued) take notice that you are hereby required to remove such unauthorized occupation within seven days from the date on which this notice is served on you. You may make representation within three days from the date on which this notice is served on you to (indicate the designation and address of the officer to whom representation is to be made OR officer to whom subsection (1) to (6) of section 26 of the Act is detegated ). lssued under my hand and seat at......... on .............day of 20............ Signature of Highway Administration or Officer Authorized Seat Ptace State/ Union Territory of Enctosures: 1. Photograph of the unauthorized occupation 2. Other evidence Copy to: i. Regional Officrer MoRTH/NHAI or ED of NHIDCL: For kind information. ii District Magistrate,............., District: for kind information and with request for removal of the above unauthorized occupation in accordance with section (26) of the Controt of NH (Act) and in reference to Ministry of Road Transport and Highways Notification pubtished vide.............. GSR.................. dated................. Regarding delegation of powers for remova[ of unauthorized occupation. Annexure-ll Page 6 of 10COURT OF HIGHWAY ADMINISTRATION Notice for Removal of Unauthorised Occupation (Under sub-section (2) of section 26 of the Control of National Highways (Land and Traffic) Act, 2002) Whereas I on periodical inspection of the highway land on the information received by me, am satisfied that an unauthorized occupation has taken ptace on ..... the Highway comprised of area ..... (specify area) situated at K.M. of N.H. No...... (indicate location sufficient to identify area) and such unauthorized occupation has been caused by you/you are responsible for such unauthorized occupation; Therefore, you (Name and address of person to whom notice is to be issued) take notice that you are hereby required to remove such unauthorized occupation within seven days from the date on which this notice is served on you. You may make representation within three days from the date on which this notice is served on you to (indicate the designation and address of the officer to whom representation is to be made) and such representation, if made, shatl be heard on .....................(indicate the date and place of hearing) at and be aware of the notice that faiture to compty with this notice shatt render you tiabte to penatty and summary eviction from the aforementioned highway tand under sub-section (6) of section 25 and sub-section (1) of section 27 of the Control of Nationat Highways (Land and Traffic) Act, 2002 (13 of 2003). lssued under my hand and seat at ......... on .............day of ..............20............ Signature of Highway Administration or Officer Authorized Seal PIace............... State/Union Territory of ....................... Enclosures: 1. Photograph of unauthorized evidence 2. A copy of the Pretiminary Notice 3. Memo recording the efforts made to remove the unauthorized occupation Copy to: i. Regionat Officrer MoRTH/NHAI or ED of NHIDCL: For kind information. ii. Superintendent of Potice, .........., for information and necessary action. Page 7 of ,.0Annexure-lll COURT OF HIGHWAY ADMINISTRATION BILL FOR RECOVERY OF COST OF REIAOVAL OF UNAUTHORISED OCCUPATION AND FINE IMPOSED (Under sub-section (1) of section 27 of the Control of Nationat Highways (Land and Traffic) Act, 2002) State/Union Territory of 1. Name of the person to whom the Bitt is to be served.: 2. Father's Name : 3. Address : (with tetephone no. ) 4. Location of unauthorized occupation with N.H. No. and Chainage: 5 nditure incurred (in ru S No. Details Amount (in Rs. ) (a) in removing Unauthorized occupation (b) in making Construction inctuding atteration of Construction /in repairing damage (c) Additional Charge@l5% of (b) (d) Fine imposed* TotaI 6. Last Date for payment of bitt {7 days from date of issuance of bitU '(Fine to be catculated @five hundred rupees per square metre of the land so unauthorisedly occupied and where the penatty so imposed is less than the cost of such tand, the penatty may be extended equal to such cost) Signature of the Officer lssuing the bitt SeaI Ptace: Date: State/Union Territory of Page 8 of 10Annexure-lV CERTIFICATE FOR EXPENDITURE OF REAAOVAL OF UNAUTHORISED OCCUPATION AND REPAIR OF HIGHWAY (Under sub-section (3) of section 27 of the Controt of National Highways (Land and Traffic) Act, 2002) State/ Union Territory of This is to certify that the amount of Rs. .................... has been spent in removing Unauthorized occupation from area of {Specify area in sqm} situated at {lndicate location sufficient to identify areal and Rs. has been spent in alteration / repai r of N.H. No.................. at Chainage..................... and is payabte by (Name & address of person) Signature of the Officer lssuing the Certificate SeaI Ptace: Date: State/ Union Territory of Page 9 of 10Notes: Page 10 of 10