AI Overview...
- Access Permit under National Highways Act - Main points and insights:
- An access permit from the National Highway Authority of India (NHAI) is generally mandatory for construction, building permits, or establishing access points near national highways (INDKER00000299408, INDKER00000277322, INDKER00000272654, INDKER00000261116).
- Courts have emphasized that prior permission under the Control of National Highways (Land and Traffic) Act, especially Sections 3-D, 28, and 29, must be obtained before initiating construction or granting occupancy/building permits near national highways (INDKER00000299408, INDKER00000277322, INDKER00000272654, INDKER00000261116).
- Local authorities, such as Panchayats, cannot insist on access permits from the NHAI if the highway authority's guidelines do not require it, especially when alternative access routes are available (INDKER00000272654, INDKER00000453243).
- The absence of an access permit can delay or invalidate building permits and occupancy certificates, underscoring the permit's importance in legal and procedural compliance (INDKER00000299408, INDKER00000277322, INDKER00000261116).
- The NHAI's acknowledgment that an access permit may not be needed for local or alternative accesses is also recognized, but for direct access points, permit requirements are strict (INDKER00000004929, INDKER00000272654).
- Construction projects, such as toll plazas or toilet blocks, must adhere to circulars and guidelines issued by the Ministry of Road Transport and Highways, which often specify access and distance norms (INDKER00000299408, 02100128439).
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Legal provisions, including Articles of the Constitution and relevant state acts like the Kerala Panchayat Rules and Police Act, reinforce the necessity of obtaining proper access permissions to ensure lawful construction and operation near national highways (INDKER00000277322, INDKER00000453243, 01500052148).
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Analysis and Conclusion:
- Obtaining an access permit from the NHAI under the National Highways Act is a crucial legal requirement for construction, building permits, or establishing access points on or near national highways.
- Courts have consistently upheld the necessity of compliance with these permit requirements, emphasizing that local authorities cannot override or ignore the statutory provisions.
- Failure to secure the appropriate permit can lead to delays, legal disputes, or invalidation of permits, underscoring the importance of adhering to the legal procedures for access permissions.
- Overall, compliance with the Control of National Highways (Land and Traffic) Act and obtaining the necessary access permits from the NHAI are essential steps for lawful construction and access management near national highways.
References: - PONNAPPAN, Vs STATE OF KERALA, - Kerala - NAVEEN BHARATH EQUIPMENTS PVT. LTD. Vs UNION OF INDIA - Kerala - JOSE ANDREWS vs UNION OF INDIA - Kerala - SUCHETHA C Vs STATE OF KERALA - Kerala - SOBHA MARY JOHN vs VIJAYAPURAM GRAMA PANCHAYAT - Kerala - DR PA SHAJAHAN @ SHAJAHAN Versus SECRETARY - Kerala - RAJESH DAMODARAN vs CHERUTHAZHAM GRAMA PANCHAYATH - Kerala - BASHEER K.K., Vs NATIONAL HIGHWAY AUTHORITY OF INDIA , - Kerala - E. Poonkodi VS National Highways Authority of India, Rep. By its Director, Industrial Estate, Guindy - Madras - D. Prabhakaran, S/o. Dinakaran VS State of Kerala, Represented by The Principal Secretary, Local Self Government Department - Kerala
Search Results for "Access Permit under National Highways Act"
2021 Supreme(Online)(KER) 7099 • India - High Court of Kerala
Devan Ramachandran, J
Construction - Writ Petition - National Highways Act, Control of National Highways (Land and Traffic) Act - Sections 3-D - The ... Ratio Decidendi: Access to national highways must comply with the Control of Traffic Act, necessitating permissions prior ... court emphasized the importance of obtaining access permission under the Control of Traffic Act before construction near #HL....
2022 Supreme(Online)(KER) 18896 • India - High Court of Kerala
N. NAGARESH, J
Access - Building Permit - Kerala Panchayat Building Rules, 2019; Control of National Highways (Land and Traffic) Act, 2002 - ... from the local panchayat, which insisted on an access permit from the National Highway Authority. ... permit from the National Highway Authority. ... The Standing Counsel for the NHAI submitted that for access to any of the plot abutt....
2022 Supreme(Online)(KER) 64416 • India - High Court of Kerala
N. NAGARESH, J
Permit - Building Permit Application - Control of National Highways (Land and Traffic) Act, 2002, Sections 28 and 29 - The court ... due to the lack of an Access Permit from the National Highway Authority. ... Ratio Decidendi: The National Highway Authority's acknowledgment that an Access Permit is not required for local Building ... In the said writ petition, ....
2022 Supreme(Online)(KER) 59040 • India - High Court of Kerala
N. NAGARESH, J
Access - Building Permits - Kerala Panchayat Building Rules - National Highways Act - Sections 1, 2 Fact of the Case:/p ... Ratio Decidendi: The insistence on an Access Permit by the Grama Panchayat was unfounded given that the National Highways ... Issues: Whether the Grama Panchayat can insist on an Access Permit from the National Highways Authority for issu....
2025 Supreme(Online)(Ker) 43590 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
(A) Kerala Panchayat Raj Act - Building Permit - Delay in processing of application due to access permit requirement from National ... , citing the need for an Access Permit from the National Highway Authority, despite an alternative access via a Panchayat road being ... Highways Authority - Court found that alternative access through Panchayat road exists, thus directing the Pan....
2024 Supreme(Online)(KER) 23044 • India - High Court of Kerala
MOHAMMED NIAS C.P., J
of National Highways (Land and Traffic) Act, 2002. ... Control of National Highways (Land and Traffic) Act, 2002. ... BUILDING PERMIT - NUMBERING OF BUILDING - SUBJECT TO ACCESS PERMISSION FROM NATIONAL HIGHWAY AUTHORITY OF INDIA - [BUILDING PERMIT ... The Panchayath cannot refuse to number the building of the petitioner if the same is put in terms of Ext.P1 permit. If the petiti....
2024 Supreme(Online)(KER) 55812 • India - High Court of Kerala
Ziyad Rahman A. A, J
Control of National Highways (Land and Traffic) Act, 2002 , it is the obligation of all the Local Self Government Institutions to insist for an access permit before granting permission for any construction or for granting occupancy certificate for the building so constructed. ... On the basis of the permits so issued to them, all of them have completed their constructions and when they approached the panchayat for the occupancy certificates after submitting completion plans, they were ....
2022 Supreme(Online)(KER) 52707 • India - High Court of Kerala
As per the provisions of the National Highways Act, Access Permit is a mandatory requirement. Therefore, respondents 3 and 4 are justified in insisting for obtaining Access Permit from the National Highway Authority of India. ... Even then, if an Access Permit is required, then it will be for the National Highway Authorities to take appropriate action. ... The 4....
2018 0 Supreme(Mad) 1464 • India - Madras
T.RAJA
Highway Nest - Construction of Toilet Blocks - National Highways Authority of India Act, 1988, Section 16; Circulars and instructions ... issued by Ministry of Road Transport and Highways Fact of the Case: The petitioner seeks to stop the construction of ... Toll Plaza violated the circulars and guidelines issued by the Ministry of Road Transport and Highways, which prescribed a distance ... , the petitioner cannot have direct access to National #HL....
2022 0 Supreme(Ker) 472 • India - Kerala
N.NAGARESH
Constitution of India, 1950 - Article 19(1)(g) - Kerala Police Act, 2011 - Section 72 - Control of National ... Highways (Land and Traffic) Act, 2002 - Section 28 - Issue of locating Autorickshaw Stand - Freedom to practise any profession, ... , 2011 and Section 112 of Motor Vehicles Act, 1988, it is Traffic Regulatory Committees chaired by heads of Local Self Government ... (C) No.21508 of 2022 nor their landlord has obtained Access Permission under Section 28 of the Control of #HL_ST....
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