Right-of-Way Management: Gurugram-Manesar Urban Complex Page 1

RIGHT-OF-WAY MANAGEMENT:
Gurugram-Manesar Urban Complex

Gurugram Metropolitan Development Authority

(GMDA)

DRAFT FINAL REPORT

(JULY 2022)

By

Department of Transport Planning

School of Planning and Architecture, New Delhi

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TABLE OF FIGURES
Figure 1: Proposed Organization Structure for Right-of-way Management...........................................15

Figure 2: Internal Structure of ROW Management Cell (RMC)................................................................16

Figure 3: Internal Structure of Project Management Cell (PMC) ............................................................17

Figure 4: Road Network Map of GMUC (Except Local Streets) ..............................................................52

Figure 5: Distribution of roads by ROW (in Metres) Source: CMMP 2020 .............................................53

Figure 6: Selected Roads for ROW Management (Existing + Proposed Network) ................................53

Figure 7: Selected transit corridors (Existing + Proposed Network) ......................................................54

Figure 8: Typical Representation of Public ROW .....................................................................................56

Figure 9: Typical Representation of Private ROW ....................................................................................57

Figure 10: Allocation of ROW in case of Tunnels ....................................................................................57

Figure 11: Typical Representation of Shared ROW ..................................................................................58

Figure 12: Slope Easement ........................................................................................................................62

Figure 13: Drainage & Channels Easement ..............................................................................................63

Figure 14: Bridge Easement ......................................................................................................................64

Figure 15: Retaining Wall Easement .........................................................................................................65

Figure 16: Slight Line Easement................................................................................................................66

Figure 17: Green Zone Easement..............................................................................................................67

Figure 18: Construction Easement ...........................................................................................................68

Figure 19: Maintenance Easement ...........................................................................................................69

Figure 20: Utility Easement ........................................................................................................................70

Figure 21: Parking Easement ....................................................................................................................71

Figure 22: Existing Cross section 30 m ROW (Old Gurgaon Road) ........................................................78

Figure 23: Existing Cross section 30 m ROW (St. Thomas Marg) ..........................................................78

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Figure 24: Existing Cross section 45 m ROW (M.F. Hussain Road) .......................................................79

Figure 25: Existing Cross section 45 m ROW (Netaji Road) ...................................................................79

Figure 26: Existing Cross section 50 m ROW (Sohna Road) ...................................................................79

Figure 27: Existing Cross section 50 m ROW (Old Gurugram Road) ......................................................79

Figure 28: Public Right-of-way components ............................................................................................81

Figure 29: Roadway (carriageway) ROW provisions and potential encroachments .............................82

Figure 30: Footpath ROW provisions and potential encroachments .....................................................83

Figure 31: Cycle track ROW provisions and potential encroachments ..................................................84

Figure 32: Green zone ROW provisions and potential encroachments..................................................85

Figure 33: Mass Transit ROW provisions and potential encroachments ...............................................86

Figure 34: Parking ROW provisions and potential encroachments ........................................................87

Figure 35: Existing water supply network (part plan) Source: GMDA ....................................................90

Figure 36: Priority of ROW provisions for water supply ..........................................................................91

Figure 37: Priority of ROW provisions for sewerage ................................................................................91

Figure 38: Priority of ROW provisions for drainage .................................................................................92

Figure 39: Map of piped gas distribution in GMUC area (Source: HCG) ................................................93

Figure 40: Priority of ROW provisions for gas line ...................................................................................93

Figure 41: Priority of ROW provisions for water supply ..........................................................................94

Figure 42: Priority of ROW provisions for communication .....................................................................95

Figure 43: Rights-of-way pyramid .............................................................................................................97

Figure 44: Access/driveway from main carriageway (Source: Sector 17/18 Road, Gurugram) ....... 103

Figure 45: Access/driveway from service road (Source: Sector 17/18 Road, Gurugram) ................ 104

Figure 46: Cross Section (Parallel) for access/driveway management ............................................. 105

Figure 47: Cross Section (Perpendicular) for access/driveway management ................................... 105

Figure 48: Permit application process................................................................................................... 112

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Figure 49: Proposed Standard Cross section 90-150 m ROW ............................................................. 115

Figure 50: Proposed Standard Cross section 90-150 m ROW (Dedicated Utility Tunnel) ................. 115

Figure 51: Proposed Cross section 90-150 m ROW with FOB/PU/BS/MS ......................................... 116

Figure 52: Proposed Cross section 90-150 m ROW with Flyover / Underpass .................................. 116

Figure 53: Proposed Standard Cross section 60-90 m ROW ............................................................... 117

Figure 54: Proposed Standard Cross section 60-90 m ROW (Dedicated Utility Tunnel) ................... 118

Figure 55: Proposed Cross section 60-90 m ROW with FOB/PU/BS/MS ........................................... 119

Figure 56: Proposed Cross section 60-90 m ROW with Flyover / Underpass .................................... 120

Figure 57: Proposed Standard Cross section of 45-60 m ROW........................................................... 121

Figure 58: Proposed Standard Cross section of 45-60 m ROW with FOB/UP/BS/MS....................... 122

Figure 59: Proposed Standard Cross section of 45-60 m ROW with Flyover / Underpass................ 122

Figure 60: Alternative Cross section of 45 m ROW (Without Service Road) ...................................... 123

Figure 61: Proposed Standard Cross section of 30-45 m ROW........................................................... 124

Figure 62: Proposed Standard Cross section of 30-45 m ROW with FOB/UP/BS/MS....................... 125

Figure 63: Alternative Cross section of 30 m ROW (6-lanes) .............................................................. 126

Figure 64: Alternative Cross section of 30 m variable ROW (20-30 m)............................................... 127

Figure 65: ROW Guidelines for Foot-Over-Bridge .................................................................................. 128

Figure 66: ROW Guidelines for Pedestrian Underpass ......................................................................... 129

Figure 67: ROW Guidelines for Bus Stop ............................................................................................... 130

Figure 68: ROW Guidelines for Metro station........................................................................................ 131

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TABLE OF TABLES
Table 1: Laying depths of utility components in the ROW ......................................................................46

Table 2 ROW for High Tension lines .........................................................................................................47

Table 3: Distribution of Road Hierarchy in GMUC....................................................................................51

Table 4: The ROW provisions and potential encroachments of sub-components over different primary
components................................................................................................................................................88

Table 5: The list of permissible and unlawful encroachments on Public ROW .................................. 107

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ABBREVIATIONS

GMDA – Gurugram Metropolitan Development Authority

GMUC – Gurugram-Manesar Urban Complex

ROW – Right-of-way

MoEFCC – Ministry of Environment, Forest and Climate Change

MCG – Municipal Corporation Gurugram

DHBVN – Dakshin Haryana Bijli Vitran Nigam

GMBCL – Gurugram Metropolitan City Bus Limited

HMRTC – Haryana Mass Rapid Transport Corporation Limited

DMRC – Delhi Metro Rail Corporation

HCG – Haryana City Gas Distribution Ltd.

IGL – Indraprastha Gas Limited

ISP – Internet Service Providers

CEO – Chief Operating Officer

DTP – District Town Planner

CTP – Chief Town Planner

OFC – Optical Fibre Cable

NOC – No Objection Certificate

BRT – Bus Rapid Transit

CMMP – Comprehensive Mobility Management Plan

IRC – Indian Road Congress

ESZ – Ecologically Sensitive Zone

RWA – Residents Welfare Association

MUZ – Multi-utility Zone

DOT – Department of Transportation (US)

FHWA – Federal Highway Administration (US)

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PREFACE

Gurugram Metropolitan Development Authority (GMDA) is established under the sub-section (1) of
section (9) enacted by the Legislature of the State of Haryana in 2017. GMDA is entitled to develop a
vision for the continued, sustained and balanced growth of the Gurugram Metropolitan Area through
the quality of life and reasonable standard of living provided to residents through the generation of
employment opportunities, to provide for integrated and coordinated planning, infrastructure
development and provision of urban amenities, mobility management, sustainable management of
the urban environment and social, economic and industrial development, to redefine the urban
governance and delivery structure in coordination with local authorities in the context of the
emergence of Gurugram as a rapidly expanding urban agglomeration, to establish a statutory
authority for the said purpose and matters connected therewith or incidental thereto (GMDA Act,
2017).

GMDA also stands for the equitable distribution of its services to the residents and communities such
that every citizen enjoys their rights to the fullest. This document is evidence of the initiative GMDA
takes to uphold the vested rights of the people over their land ownership, mobility, utilities, easements
and other services. It is a manual for GMDA and all stakeholders including citizens for the
implementation of their powers and rights formerly termed as ‘RIGHT-OF-WAY’ for the above-said
functions.

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1. INTRODUCTION

Right to mobility is one of the prerequisites for every citizen, as long as it doesn’t violate anyone’s right
or privacy. Though it allows an individual to access, utilize and benefit from the freedom of movement
he or she enjoys, it also limits any kind of misuse of property or a person. We use the terms such as
‘road’, ‘public way’, ‘pavement’, ‘footpath’, ‘walkway’, ‘track’, etc. to represent the medium of
movement. It may also be called right-of-way (ROW) collectively, however, the modern concept of
ROW is not restricted to mobility or transportation. It holds several entities such as utilities, services
and communication within its scope to enhance efficiency.

1.1. Need of the Study

ROW management is research, first of its kind in any Indian State or Region, aimed to establish a
structured methodology, toolkit and guidelines related to the rights, ownership, operation,
maintenance and utility of public ROW.

1.2. Scope of Work

The scope of work includes allocation of ROW, mechanism and guidelines for ROW management,
regulation of fees and penalties and an online portal for integrating all services. They are listed as
given below.

1. Allocation of ROW in existing and future roads: To design and earmark ROW for arterial/sub-
arterial/collector roads with ROW of 30 metres and above and their intersection to accommodate
infrastructure, utilities, urban amenities and parking in the ROW based on the available data. For
urban roads to be envisaged in the future, such corridors and spaces may be identified and
allocated as per the Master Plan or Mobility Plan of the city/region. The allocation will be spatially
distributed on land/at-grade, underground sections and above the ground level up to the
permissible building height (as per building by-laws).

2. Mechanism of ROW Management: To recommend mechanisms for ROW provisioning and

management in the context of Central Legislations such as the Electricity Act, the Indian
Easement Act, the Indian Pipelines Act, Metro Railways Act, Indian Telegraph Act, Land
Acquisition Act, etc. Asserting the provisions in the above-mentioned legislations, the study will
deliver a unique platform for resolutions of legal disputes and rights to all stakeholders. The

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integrated approach will not only address the existing legislation but also accommodate the
shortcomings of undefined as well as overlapping provisions in the laws.

The mechanism also highlights the operating procedure (flowchart) for the existing roads
considering the drawbacks such as encroachments, environmentally sensitive areas, restricted
zones, forests, etc. It also includes features such as schools, hospitals, parks and other public
and semi-public zones on the account of managing the exigencies. The powers attributed to the
authority and the hierarchical structure will be discussed in detail for all development stages.

3. Guidelines for ROW provisions and exemptions: To frame the guidelines under which corridors
and spaces may be allocated for operation, construction and maintenance practices for
infrastructure, utilities, urban amenities and parking in consultation with the respective
stakeholders and authorities. It will also discuss the exclusive provisions and allocation priorities
for two or more parties/stakeholders wherever there is a dispute. These provisions must also
include the ROW management on a temporary basis, i.e., during the construction and
maintenance stages. The exemptions of allocation and management will be applied to the
subjects under Government Buildings Act, Defence and other important Central/State
Government subjects.

4. Requisition and Regulation of Fee and Penalty: To specify conditions under which charges can
be levied for providing ROW to other agencies/organisations for the development and
maintenance of infrastructure, utilities, urban amenities and parking and principles/methodology
for levying such charges. Such provisions may be granted temporarily or permanently on a mutual
lease agreement with one or more parties. Violations and damages to the stakeholder rights,
elements of ROW and operational procedures will be redressed through nominal penalties based
on the severity.

5. ROW Management Portal: The study recommends an institutional framework including

principles/algorithms for a web portal, for the management of ROW and its enforcement. It will
enhance the transparency of processes and coordination of all elements in the system. The GIS-
based portal will enable the authority as well as stakeholders to assign, manage, transfer, charge
and protect the ROW based on the guidelines

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1.3. Definitions
“Authority” refers to Gurugram Metropolitan Development Authority or GMDA.

“Notified Area” denotes Gurugram Metropolitan Area or Gurugram-Manesar Urban Complex (GMUC).

“Legislation” refers to Acts passed by the Parliament of India, Legislative Assembly Haryana and
GMDA.

“Right-of-Way (ROW)” is defined as the right enjoyed by one person as a member of the public to pass
over another's land subject to such restrictions and conditions as are specified in the grant or
sanctioned by custom, by virtue of which the right exists.

‘’Access’’ is defined as the landowner's legal right to pass from his or her land to a public ROW and to
return without being obstructed.

“Driveway“ is a point for vehicles to enter and exit a site; Driveway/walkway permits cover the
approach, or apron, a portion from the street to the joint/property line.

“Easement” refers to a right which the owner or occupier of certain land possesses, as such, for the
beneficial enjoyment of that land, to do and continue to do something or to prevent and continue to
prevent something being done, in or upon, or in respect of, certain other lands not his own.

“Encroachment” into the public ROW is defined as any intrusion, irrespective of height or size, into a
sidewalk, street, or other public ROW and includes, but is not limited to, fill material, retaining walls,
and rockeries, plants either deliberately planted or growing from adjacent property, or any other
material or structures.

“Permit” is an official approval that an individual or a group of individuals is allowed to do construction

or operation or maintenance on the ROW for a certain period.

“License” is defined as a right where one person grants to another, or to a definite number of other
persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something
which would, in the absence of such right, be unlawful, and such right does not amount to an easement
or an interest in the property.

“Utilities“ are services of, or relating to, water, electrical, gas, cable, telephone, or telecommunications
lines; above-ground installation requires the temporary use of ROW permits; underground work
requires excavation permits unless using an existing access opening.

“Pedestrian Walkway“ is a temporary structure used to route pedestrians safely through or around
specific land use.

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“Footpath’’ is a type of thoroughfare that is intended for use only by pedestrians along the roadway.

“Cycle Track“ is a type of thoroughfare that is intended for use only by cycles of all types.

“Green Zone” is termed as a collective representation of various elements on the public ROW such as
green belt, buffer zone, tree line, vegetation, landscape or unoccupied space used to segregate
footpath, cycle track, carriageways, etc. and to accommodate utilities underneath.

1.4. Authority
The Urban Local Bodies, Government of Haryana is committed to overseeing and facilitating the
planned development of various cities, towns and smaller urban settlements in the state. The
department exercises administrative control over the following Urban Local Bodies (ULBs) and
development authorities in the state. Gurugram Municipal Corporation and Gurugram Metropolitan
Development Authority (GMDA) fall under the administrative control of this department.

GMDA is under the Town & Country Planning Department Government of Haryana. GMDA and
Gurugram Municipal Council (GMC) work as the back end and front end of the notified area. In this
scenario, GMDA, presided by Chief Executive Officer (CEO), is considered the ‘Authority’ in terms of
management, operation as well as maintenance of all components related to public ROW.

1.5. Stakeholders
Apart from being the Authority itself, several departments within GMDA become the essential
stakeholders. Headed by the Mobility and Transportation Division of GMDA, Smart City, Infrastructure
(1 & 2), Geospatial and Urban Environment are the co-stakeholders within the same umbrella. Other
important stakeholders in the process of ROW management are the Transport Department, Gurugram
Municipal Corporation (GMC), Dakshin Haryana Bijli Vitran Nigam (DHBVN), Gurugram Metropolitan
City Bus Limited (GMBCL), Haryana Mass Rapid Transport Corporation Limited (HMRTC), Delhi Metro
Rail Corporation (DMRC), Haryana City Gas Distribution Ltd. (HCG), Indraprastha Gas Limited (IGL),
Internet Service Providers (ISP) such as BSNL, Airtel, ACT, Timbl, etc. and all RWAs of GMUC.

Mobility and Transportation is one of the significant departments in the GMDA that deals with the
mobility planning and development of transport infrastructure in GMUC. Since ‘mobility’ becomes the
key component in the ROW management, the department will act as the ‘host division under the
supervision of the CEO, GMDA. The Smart City division deals with the nodal agency for the smart city
mission in Gurugram city with a pan-city initiative. The smart components used for various projects
may be incorporated into the ROW outside their scope of work. The infrastructure division manages
water supply, sewers and treatment. The Geospatial division, particularly the GIS wing, is dedicated to

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network and ROW portal management. The Urban Environment division is responsible for the control
and regulation of green spaces in the notified area. In this context, the green belts, trees and
vegetation will fall under this division.

The Transport Department is primarily responsible for Motor Vehicle legislation, administration of
motor vehicles, administration of Road Transport Corporation act 1950 and promotion of transport
co-operatives. The Transport Department is involved in regulating transport in Gurugram, with
functions limited to licensing of vehicles, taxation and registration of vehicles.

Municipal Corporation Gurugram (MCG) is the legislative body for the district of Gurugram (Gurgaon)
which runs all administrative and civic services. The executive team of MCG is headed by
Commissioner and supported by his team comprising of the Deputy Commissioner, Joint
Commissioners and other administrative heads for the district. MCG provides various civic services
like property tax, health and sanitation services, waste management, etc.

Dakshin Haryana Bijli Vitran Nigam, also known as DHBVN is an Indian state-owned power distribution
utility company. It is owned by the Government of Haryana and headquartered in Hisar, Haryana. It is
responsible for the power distribution in the District of Gurugram. DHBVN has a priority focus on the
augmentation, renovation and modernisation of the existing distribution system, expansion of the
distribution network and preventive maintenance of the distribution system.

Gurugram Metropolitan City Bus Limited, which operates bus transport services in the Gurugram
metropolitan area, is a Special Purpose Vehicle (SPV) with the joint collaboration of GMDA, MCG and
Haryana State Industrial and Infrastructure Development Corporation Limited (HSIIDC).

Haryana Mass Rapid Transport Corporation Limited governs the development and operation of rail-
based or road-based rapid transit systems such as metro, BRT, etc. Though it covers less than a 40
km network in Gurugram, the proposed future network in the city promises a significant stakeholder
of ROW and mobility corridors. The proposed CMMP covers more than 100 km of metro rail network
within GMUC irrespective of the feasibility and approval. DMRC is one of the permanent beneficiaries
of HMRTCL for the support in the operation, maintenance and technical advisory.

Haryana City Gas Distribution Ltd. (HCG) is a private company responsible for supplying natural gas
to the domestic, commercial, industrial and automotive sectors. HCG has been authorized by the State
Government of Haryana to distribute natural gas in the entire district of Gurugram. Indraprastha Gas
Limited (IGL) started to lay the network for the distribution of natural gas in the National Capital
Territory of Delhi, including Gurugram, to consumers in the domestic, transport, and commercial
sectors.

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2. ORGANIZATION

This chapter consists of the administrative provisions and organizational structure for efficient ROW
management and system. Organisational structure provides the opportunity to constitute an
autonomous cell named ROW Management Cell (RMC) for control and regulation of ROW under GMDA
or GMUC within the scope of work. It also calls for the setting up of a Stakeholders Council that
includes all stakeholders associated with the operational provisions in the public ROW.

2.1. Purpose & Overview

ROW management requires a multi-organisational approach due to its role in the ownership,
operation, maintenance, easements, encroachments and services dedicated to a public ROW. There
are aspects of legal disputes, human rights, primary needs and supplies. It necessitates an
independent and inclusive administrative framework for the functioning of all aspects.

2.2. Administration for ROW Management

A 3-tier system is proposed for the management of ROW in GMUC. They are explained in the following
section.

1. Tier I consists of a 5-member panel including the CEO, Additional CEO (Mobility), Chief Town
Planner (CTP), District Town Planner (DTP) and Nodal Agency Head/Advisor. The approved
Nodal Agency is the ‘Infrastructure I – Roads’ division of GMDA.
2. The second tier has the ROW Management Cell (RMC) including the members of different
departments concerned with each component within and outside GMDA. ‘Project
Management Cell (PMC)’, the second body in this tier, will deal with land acquisition and
related procedures, which coordinates with the office of ‘District Town Planner’. While the ROW
Management Cell (RMC) oversees the operations and maintenance of ROW, Project
Management Cell (PMC) functions as the enforcement body.
3. In the third tier, Stakeholders Council will function along with RWAs/users forums by utilizing
the provisions of the Resident Advisory Council in the GMDA Act.

2.2.1. Organization Structure

The CEO of GMDA will act as the Authority for the approval of all management procedures under ROW
development. The ‘Infrastructure I – Roads division is the nodal agency for executing the standards,
changes and proposals in the ROW. The Chief Engineer of the Division will act as the Head of the
Nodal Agency and ROW Management Cell (RMC). It will be assisted other divisions of GMDA such as

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Mobility, Smart City, Infrastructure II, Geospatial and Urban Environment. The stakeholders outside
GMDA include representatives of GMC, DHVBN, HCG Limited, IGL, ISPs and RWAs. Few stakeholders
like Traffic Police, GMCBL, HMRTC and DMRC will be directly designated under the Infrastructure I
Division.

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Figure 1: Proposed Organization Structure for Right-of-way Management

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2.2.2. ROW Management Cell (RMC)

A Council named ‘ROW Management Cell (RMC)’ will be constituted under the Infrastructure I Division
Head. He or she may also be called ROW Administrator. The members are the representatives of
Smart City, Mobility, Infrastructure II, Geospatial (GIS), Urban Environment, Electric, GMC, Gurugram
Traffic Police, GMCBL, HMRTC, DMRC, DHVBN, RWAs, HCG, IGL and ISPs. The primary responsibility
of RMC includes respective network management, inventory updates, ROW provisions, and permit
assessment (Schematics flow chart is attached in Annexure IV).

Figure 2: Internal Structure of ROW Management Cell (RMC)

2.2.3. Project Management Cell (PMC)

The Project Management Cell or PMC, the second body in tier II, is primarily related to the acquisition,
appraisal, encroachment management and protection of ROW. Headed by the District Town Planner
(DTP), it functions as the enforcement counterpart to the ROW Management Cell. They work hand-in-
hand to own, retrieve, protect, operate, allocate, and maintain public ROW for mobility, utility and other
services.

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Figure 3: Internal Structure of Project Management Cell (PMC)

2.2.4. Stakeholders Council

All stakeholders can constitute outside the ROW Management Cell (RMC) including representatives
from two or more RWAs, and ISPs excluding Traffic Police, HMRTC, DMRC and DHVBN since they are
outside the jurisdiction of property management under GMDA.

2.3. Powers & Duties

The powers and roles of the Authority, ROW Management Cell (RMC) and stakeholders in the
regulation and management of all components and reserved rights are described in this section.

2.3.1. Authority

GMDA prepares, sanctions, and implements plans, projects and schemes for infrastructure
development and provision of urban amenities, mobility management, sustainable management of
the urban environment and social, economic, and industrial development in the notified area.

Other functions include -

• Maintain or cause to be maintained, all infrastructure development work, urban amenities and
properties vested in or under the control and management of the Authority.
• Implement projects, schemes or measures for coordinated and integrated infrastructure
development and urban amenities, mobility management, sustainable management of the
urban environment and social, economic and industrial development in the notified area, as
may be entrusted, with the concurrence of the Authority, to it by the Central Government or the
State Government or by any board, company or other agency of the Central Government or
State Government;

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• Co-ordinate, for the purposes of integrated infrastructure development, provision of urban

amenities, mobility management, sustainable management of the urban environment and
social, economic and industrial development, with the Central Government or State
Government, local authority, boards, companies or other agencies;
• Coordinate the regulation of the mobility management plan in the notified area.
• Operate or collaborate through the formation of joint venture companies or limited liability
partnerships in the establishment, development, and operation of public transportation,
including mass transportation or integrated multi-modal transportation, within the notified
area.
• Stimulate urban regeneration and renewal through planning, redevelopment, and renovation
of areas within the notified area.
• Prepare a disaster management plan and take such measures for prevention of disasters and
mitigation of its effects in the notified area, in so far as they relate to infrastructure
development.
• Establish, operate, and maintain the public safety answering point of the emergency response
system for the notified area.
• Carry out surveys for the purposes mentioned in the foregoing clauses.
• Advise or make recommendations to the State Government on any matter for coordinated and
integrated infrastructure development, provision of urban amenities, mobility management,
sustainable management of the urban environment and social, economic, and industrial
development in the notified area.
• Assist local authorities through capacity building to enable them to exercise their powers and
perform their functions under the appropriate law by which they have been established.
• Undertake or cause to be undertaken, studies, research and analysis on urban planning, urban
regeneration and renewal, coordinated and integrated infrastructure development and
provision of urban amenities, mobility management, sustainable management of the urban
environment and social, economic and industrial development or for any other purpose under
this Act;
• Perform such other functions and discharge such other duties, as the State Government may,
by notification, require the Authority to undertake in furtherance of its objects.
• GMDA is primarily responsible for the urban management to the local bodies

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2.3.2. ROW Management Cell (RMC)

The Nodal Agency (Infrastructure I – Roads) will head the ROW Management Cell. It has various roles
in the ROW provisions, allocations, maintenance, supervision and grievance redressal. It handles the
key decision-making process. However, it allots the responsibility to the respective departments
wherever they are concerned with. A summary of activities performed by the ROW Management Cell
(RMC) is given below. Actual activities performed vary depending upon the specific nature of a subject
project.

1. Information Sharing – The ROW Management Cell has to make known to all agencies the
specific requirements for the various types of projects. With this information service, the
Group has an obligation to assist other agencies in becoming educated in the proper
procedures to be utilized in the appraisal, acquisition, relocation and property management
functions that are required on all projects. The IT systems, solution and database will be an
integrated part of ROW management proposed to be handled by the Geospatial team.
2. Qualification – The ROW Management Cell has the responsibility for advising local agencies
on how they can become qualified. It has responsibility for the review of these agencies'
procedures to determine if they can be qualified to administer their ROW program and the
review of their assurance statements for adequacy. Details of skill sets and required
manpower are attached in Annexure I.I
3. Monitoring – The ROW Management Cell is obligated on certain projects to review other
agencies' work to determine whether appropriate procedures have been followed. This is to
assure that GMDA/State funds will not be lost by these agencies. Where a consultant is
employed by a local agency to perform ROW activities, their work must be reviewed/monitored
to assure compliance with Central and State laws and regulations.
4. Certification – The ROW Management Cell is required to certify local agency projects where
GMDA funds participate in project costs. This certification contains statements as to the rights
of the way acquired and procedures followed.
5. Planning – The ROW Management Cell should assist local agencies in planning their projects.
This assistance is particularly necessary in regard to establishing proper lead times for
projects.
6. Compliance Assurance – The ROW Management Cell must establish specific means to
enforce compliance with legal and policy requirements by local agencies. This is necessary to
ensure that GMDA/State funds are not lost.

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7. Supervision of Other Personnel – From time to time the Stakeholders or Local Agency
Coordinators may request assistance in monitoring a specific function. The ROW
Management Cell (RMC) Coordinator or Engineer will organize the work of personnel assigned
to perform monitoring duties.
8. Legal basis for Providing ROW Services and Monitoring – ROW services and monitoring will
be accomplished in accordance with applicable central and state laws and regulations.
9. Quality management- The ROW management cell will ensure and exercise Quality
management by overseeing all activities and tasks needed to maintain a desired level of
excellence. This also includes
the determination of a quality policy, creating and implementing quality planning and
assurance, and quality control and quality improvement. Quality management by the ROW
management cell also ensures that all stakeholders in a business work together to improve
processes, products, services and the work culture.

The detailed roles, responsibilities and skills of each member division/staff are given in Annexure I.

2.3.3. Project Management Cell (PMC)

DTP or the provisional Supervisor appointed by GMDA will head the Project Management Cell (PMC).
It is responsible for but not necessarily limited to the following:

• Coordinating and monitoring the schedule of the project activities of the ROW
• Timely acquisition of ROW
• Coordinating the clearing of construction projects relative to ROW requirements
• Appraisals / Market Analysis
• Appraisal review
• Pre-acquisition of proposed roads/links in development plans/CMMP for the protection of
ROW.
• Provide Project Estimates
• Encroachment Management
• Quality management

2.3.3.1. Organization

ROW Project Management Cell consists of four Sections: (1) Project Coordination, (2) Acquisition and
Appraisals, (3) Encroachments (part of PMC also) and (4) Stakeholder Management.

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The Project Management Cell Head is responsible for the management, operation, and production of
this Section. In the absence of the Head, Appraisal Section Supervisor will be designated by the Head,
to assume his/her duties and responsibilities and in the absence of an Appraisal Section Supervisor,
a senior full-time employee, from any of the four sections, designated by the Head will assume the
Head’s duties and responsibilities.

2.3.3.2. General Procedures

The Project Coordination Section coordinates all ROW activities associated with all road construction
projects. Their involvement begins prior to the project scoping process and continues through the
construction of the project. This includes:

• Attending public and project team meetings

• Providing input for project scope, schedules and budgets
• Provide cost estimates when necessary
• Coordinate all Project ROW Group activities
• Preparing reports as requested by the Administrator and ROW Management Cell
• Preparing status reports
• Providing ROW project clearances and corresponding with other Governmental agencies.

The Acquisition and Appraisal Section provides a real property appraisal and market analysis for ROW
acquisition, exchanges and budget analysis, as well as litigation support.

The Encroachment Section identifies all the encroachments in the public ROW and prepares the legal
procedures to evacuate them. It also coordinates with the permissible encroachments on the public
ROW along with the guidelines and rental agreements.

The Stakeholder Management Section coordinates with and oversees the Stakeholders in the ROW
activities;

• Provides guidance, and training and qualifies ROW staff for them to perform and oversee their
ROW activities.
• Reviews acquisition files and information
• Provides the ROW Clearance for Stakeholders

2.3.4. Stakeholders & Agencies

The following are the prime functions of Stakeholder agencies and their Coordinators:

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• Assist local agencies to plan and carry out ROW acquisition for GMDA projects in conformance
with applicable laws, regulations and procedures.
• Monitor ROW acquisition on GMDA projects, including all stages of appraisal, negotiation and
relocation, to insure that such projects conform to urban requirements.
• Training Local Agency Personnel – The Stakeholder Agencies shall coordinate training of local
agency personnel in ROW matters through training at the allowed premises.
• The introductory meeting shall be held to:
➢ Review regulatory & statutory material
➢ Review GMDA guidelines, forms and permits
➢ Establish monitoring schedule
➢ Schedule progress meetings and deliver status reports
➢ Establish Milestones at which to conduct the evaluation of the consultant
• Qualification – The Stakeholder Agencies shall inform local agencies of standards and
procedures necessary to qualify ROW personnel and shall assist such agencies in becoming
qualified to be engaged in their ROW activities and oversee the activities of their ROW
consultants.
• Certification – The Stakeholder Agencies shall report such information as is required for a
Certification of ROW Compliance.
• Procedures – The Stakeholder Agencies may prepare sample forms for the guidance of local
agencies. Subject to the approval of the ROW Administrator, the Stakeholder Agencies may
issue procedures for accomplishing ROW activities.

2.3.5. RWA & Users

There are provisions that are responsibilities vested in RWAs and users of public ROW. Wherever user
rights are violated, there are legal and administrative actions available for examining or reinstating
the disruptions. The key aspects of user responsibility lie in the following;

• Supporting GMDA in the overall management of public ROW starting from acquisition to
operation.
• Representative of RWA to the Management Cell must ensure all rights reserved with RWAs
and individual property owners (tertiary rights) in the notified area to exercise at the fullest.
• RWA Representative or any individual may report the violations and encroachments in the
public or shared ROW in favour or against GMDA or the concerned Stakeholders (primary and
secondary rights).

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3. LEGISLATION & RULES

This chapter deals with all the legislative provisions, laws and standards or documents related to the
management, operation and maintenance of various components of a public ROW.

3.1. Overview
Legislations can be made at the Central (Parliament) level and the State Government level. Although
there are few provisions at the district/regional level governing bodies, most of the elements on, in
and around the ROW are either Central or State subjects. In this context, GMDA Act 2017 becomes
significant in terms of ROW in the GMUC.

3.2. Central Legislation

ROW deals with several subjects of Central legislation. As the key focus connects to land and rights,
Central laws and Acts of Parliament hold priority. The legal nature of ROW management is supported
by clauses directly taken from the current Acts and laws.

3.2.1. The National Highway Act 1956 including the 1997, 1992, 1995 & 1997 amendment
acts

The NH Act 1956 is a declaration of certain highways are national highways.

Power to acquire land

• Where the Central Government is satisfied that for a public purpose any land is required for
the building, maintenance, management or operation of a national highway or part thereof, it
may, by notification in the Official Gazette, declare its intention to acquire such land.
• Every notification under sub-section (1) shall give a brief description of the land.
• The competent authority shall cause the substance of the notification to be published in two
local newspapers, one of which will be in a vernacular language.

Power to enter for survey

On the issue of a notification under sub-section (1) of section 3A, it shall be lawful for any person,
authorised by the Central Government on this behalf, to—

• make any inspection, survey, measurement, valuation or enquiry;

• take levels;
• dig or bore into sub-soil;

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• set out boundaries and intended lines of work;

• mark such levels, boundaries and lines placing marks and cutting trenches; or
• do such other acts or things as may be laid down by rules made on this behalf by that
Government.

Right to enter into the land where land has vested in the Central Government

Where the land has vested in the Central Government under section 3D, it shall be lawful for any person
authorised by the Central Government on this behalf, to enter and do other acts necessary upon the
land for carrying out the building, maintenance, management or operation of a national highway or a
part thereof, or any other work connected therewith.

Responsibility for the development and maintenance of national highways

It shall be the responsibility of the Central Government to develop and maintain in proper repair all
national highways; but the Central Government may, by notification in the Official Gazette, direct that
any function in relation to the development or maintenance of any national highway shall, subject to
such conditions, if any, as may be specified in the notification, also be exercisable by the Government
of the State within which the national highway is situated or by any officer or authority subordinate to
the Central Government or to the State Government.

Power of Central Government to enter into agreements for the development and maintenance of
national highways

a. Notwithstanding anything contained in this Act, the Central Government may enter into an
agreement with any person in relation to the development and maintenance of the whole or
any part of a national highway.
b. Notwithstanding anything contained in section 7, the person referred to in sub-section (1) is
entitled to collect and retain fees at such rate, for services or benefits rendered by him as the
Central Government may, by notification in the Official Gazette, specify having regard to the
expenditure involved in building, maintenance, management and operation of the whole or part
of such national highway, interest on the capital invested, reasonable return, the volume of
traffic and the period of such agreement.
c. A person referred to in sub-section (1) shall have powers to regulate and control the traffic in
accordance with the provisions contained in Chapter VIII of the Motor Vehicles Act, 1988 (59
of 1988) on the national highway forming the subject matter of such agreement, for proper
management thereof.

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3.2.2. The Electricity (Amendment) Act 2007

The concerned State Government and the Central Government shall jointly endeavour to provide
access to electricity to all areas including villages and hamlets through rural electricity infrastructure
and electrification of households.

Authorised persons to transmit, supply, etc., electricity

No person shall

• transmit electricity; or
• distribute electricity; or
• undertake trading in electricity,

Unless he is authorised to do so by a licence issued under section 14 or is exempt under section 13.

Grant of licence

The Appropriate Commission may, on an application made to it under section 15, grant a licence to
any person –

• to transmit electricity as a transmission licensee; or

• to distribute electricity as a distribution licensee; or
• to undertake trading in electricity as an electricity trader, in any area as may be specified in the
licence.

Duties of transmission licensees

It shall be the duty of a transmission licensee to build, maintain and operate an efficient, coordinated
and economical inter-State transmission system or intra-State transmission system, as the case may
be.

The Electricity Supply Code

The State Commission shall specify an electricity supply code to provide for recovery of electricity
charges, intervals for billing of electricity charges, disconnection of supply of electricity for non-
payment thereof, restoration of supply of electricity; measures for preventing tampering, distress or
damage to the electrical plant, or electrical line or meter, entry of distribution licensee or any person
acting on his behalf for disconnecting supply and removing the meter; entry for replacing, altering or
maintaining electric lines or electrical plants or meter and such other matters.

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Protection of railways, highways, airports and canals, docks, wharfs and piers

No person shall, in the generation, transmission, distribution, supply or use of electricity, in any way
injure any railway, highway, airport, tramway, canal or water-way or any dock, wharf or pier vested in
or controlled by a local authority, or obstruct or interfere with the traffic on any railway, airway,
tramway, canal or water-way.

Protection of telegraphic, telephonic and electric signalling lines

Every person generating, transmitting, distributing, supplying or using electricity hereinafter in this
section referred to as the "operator") shall take all reasonable precautions in constructing, laying down
and placing his electric lines, electrical plant and other works and in working his system, so as not
injuriously to affect, whether by induction or otherwise, the working of any wire or line used for the
purpose of telegraphic, telephone or electric signalling communication, or the currents in such wire or
line.

Coordination Forum

The Central Government shall constitute a coordination forum consisting of the Chairperson of the
Central Commission and Members thereof, the Chairperson of the Authority, representatives of
generating companies and transmission licensees engaged in the inter-State transmission of
electricity for the smooth and coordinated development of the power system in the country.

Powers of Authority to make regulations

The Authority may, by notification, make regulations consistent with this Act and the rules generally
to carry out the provisions of this Act.

3.2.3. Indian Easement Act 1882

An easement is a right which the owner or occupier of certain land possesses, as such, for the
beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to
prevent something being done, in or upon, or in respect of, certain another land not his own

An easement may be permanent, or for a term of years or another limited period, or subject to
periodical interruption, or exercisable only at a certain place or at certain times, or between certain
hours, or for a particular purpose, or on condition that it shall commence or become void or voidable
on the happening of a specified event or the performance or non-performance of a specified act.

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Extent of easements

With respect to the extent of easements and the mode of their enjoyment, the following provisions
shall take effect:

a. Easement of necessity. — An easement of necessity is co-extensive with the necessity as it

existed when the easement was imposed.
b. Other easements. — The extent of any other easement and the mode of its enjoyment must
be fixed with reference to the probable intention of the parties, and the purpose for which the
right was imposed or acquired. In the absence of evidence as to such intention and purpose
• Right-of-way. — An ROW of any one kind does not include a ROW of any other kind;
• Right to light or air acquired by the grant. —The extent of a right to the passage of light or
air to a certain window, door or another opening, imposed by a testamentary or non-
testamentary instrument, is the quantity of light or air that entered the opening at the time
the testator died or the non-testamentary instrument was made;
• Prescriptive right to light or air. —The extent of a prescriptive right to the passage of light
or air to a certain window, door or other opening is that quantity of light or air which has
been accustomed to enter that opening during the whole of the prescriptive period
irrespectively of the purposes for which it has been used;
• Prescriptive right to pollute air or water. —The extent of a prescriptive right to pollute air or
water is the extent of the pollution at the commencement of the period of the user on
completion of which the right arose; and
• Other prescriptive rights. —The extent of every other prescriptive right and the mode of its
enjoyment must be determined by the accustomed user of the right.

Obstruction in case of excessive user.— In the case of an excessive user of an easement the servient
owner may, without prejudice to any other remedies to which he may be entitled, obstruct the user,
but only on the servient heritage: provided that such user cannot be obstructed when the obstruction
would interfere with the lawful enjoyment of the easement.

A license may be granted by any one in the circumstances and to the extent and which he may transfer
his interests in the property affected by the license. The grant of a license may be express or implied
from the conduct of the grantor, and an agreement which purports to create an easement, but is
ineffectual for that purpose, may operate to create a license. All licenses necessary for the enjoyment
of any interest, or the exercise of any right, are implied in the constitution of such interest or right.
Such licenses are called accessory licenses.

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3.2.4. Petroleum and Minerals Pipelines Amendment Act 1962 (Acquisition of Right of User
in Land)

Power to enter and survey

Under the issue of a notification under subsection (1) of section 3, it shall be lawful for any person
authorized by the Central Government or by the state government or the corporation which proposes
to lay pipelines for transporting petroleum or any mineral, and his servants and workmen-

• To enter and survey the land specified in the notification

• To dig or bore into the subsoil
• To set out the intended line of work
• To mark level boundaries and lines by placing marks and cutting trenches.
• Where otherwise surveys cannot be completed and levels taken and the boundaries and
line marked, to cut down and clear away any part of any standing crop fence or jungle and
• To do all other acts necessary to ascertain whether the pipelines can be laid under the
land;

Provided that while exercising any power under this section, such person or any servant or workman
of such person shall cause as little damage or injury as possible to such land.

Restriction regarding the use of land

The owner or the occupier of the land with respect to which a declaration has been made under
subsection (1) of section 6. Shall be entitled to use the land for the purpose for which such land was
put to use immediately before the date of the notification under sub-section (1) of section 3.

Provided that the owner or the occupier shall not after the declaration under subsection (1) of section
6.

• Construct any building

• Construct or excavate any tank, well, reservoir or dam or,
• Plant any tree on that land

The owner or the occupier of the land under which any pipeline has been laid does not do any act or
permit any act to be done which will or is likely to cause any damage in any manner whatsoever to the
pipeline.

Where the owner or the occupier of the land with respect to which a declaration has been made under
sub section (1) of section 6-

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• Construct any building other structure, or

• Construct or excavate any tank, well, reservoir or dam or,
• Plant any tree on that land

3.2.5. Indian Tramways Act 1886

Powers of road authority on cessation of powers of the promoter.—

• Where a notification has been published under section 19, the road authority may, at any time
after the expiration of two months from the date of the notification, remove the tramway or
part of the tramway of which the working has been so discontinued, and use the materials
thereof in reinstating the road.
• The promoter shall pay to the road authority the cost incurred by that authority in removing the
tramway or the part thereof and in reinstating the road.
• The cost shall be certified by an officer of the road authority, and his certificate, countersigned
by the District Magistrate, shall be conclusive proof as to the cost incurred.

3.2.6. The Railways (Amendment) Act, 2008

The Act was first enacted in 1989. The Central Government may, by notification, establish an authority
to be called the Rail Land Development Authority to exercise the powers and discharge the functions
conferred on it by or under this Act.

Power of railway administrations to execute all necessary works.

Notwithstanding anything contained in any other law for the time being in force, but subject to the
provisions of this Act and the provisions of any law for the acquisition of land for a public purpose or
for companies, and subject also, in the case of a non-Government railway, to the provisions of any
contract between the non-Government railway and the Central Government, a railway administration
may, for the purposes of constructing or maintaining a railway—

• make or construct in or upon, across, under or over any lands, or any streets, hills, valleys,
roads, railway, tramways, or any rivers, canals, brooks, streams or other waters, or any drains,
water pipes, gas-pipes, oil-pipes, sewers, electric supply lines, or telegraph lines, such
temporary or permanent inclined-planes, bridges, tunnels, culverts, embankments, aqueducts,
bridges, roads, lines of rail, ways, passages, conduits, drains, piers, cuttings and fences, in-
take wells, tube wells, dams, river training and protection works as it thinks proper;

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• alter the course of any rivers, brooks, streams or other water courses, for the purpose of
constructing and maintaining tunnels, bridges, passages or other works over or under them
and divert or alter either temporarily or permanently.
• make drains or conduits into, through or under any lands adjoining the railway for the purpose
of conveying water from or to the railway;
• erect and construct such houses, warehouses, offices and other buildings, and such yards,
stations, wharves, engines, machinery apparatus and other works and conveniences as the
railway administration thinks proper;
• alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of
them and substitute others in their stead;
• erect, operate, maintain or repair any telegraph and telephone lines in connection with the
working of the railway;
• erect, operate, maintain or repair any electric traction equipment, power supply and distribution
installation in connection with the working of the railway; and
• do all other acts necessary for making, maintaining, altering or repairing and using the railway.

Power to alter the position of pipe, electric supply line, drain or sewer, etc.—

A railway administration may, for the purpose of exercising the powers conferred on it by this Act,
alter the position of any pipe for the supply of gas, water, oil or compressed air, or the position of any
electric supply line, drain or sewer:

Provided that before altering the position of any such pipe, electric supply line, drain or sewer, the
railway administration shall give a notice indicating the time at which the work of such alteration shall
commence, to the local authority or other person having control over the pipe, electric supply line,
drain or sewer.

The railway administration shall execute the work referred to in sub-section (1) to the reasonable
satisfaction of the local authority or the person receiving the notice under the proviso to sub-section
(1).

Temporary entry, upon the land to remove obstruction, to repair or to prevent accident.—

Where in the opinion of a railway administration—

• There is imminent danger that any tree, post or structure may fall on the railway so as to
obstruct the movement of rolling stock; or

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• Any tree, post, structure or light obstructs the view of any signal provided for movement of
rolling stock; or
• Any tree, post or structure obstructs any telephone or telegraph line maintained by it, it may
take such steps as may be necessary to avert such danger or remove such obstruction and
submit a report thereof to the Central Government in such manner and within such time as
may be prescribed.

Where in the opinion of a railway administration—

• a slip or accident has occurred; or

• there is an apprehension of any slip or accident to any cutting, embankment or other work on
a railway, it may enter upon any lands adjoining the railway and do all such works as may be
necessary for the purpose of repairing or preventing such slip or accident and submit a report
thereof to the Central Government in such manner and within such time as may be prescribed.

The Central Government may, after considering the report under sub-section (1) or sub-section (2), in
the interest of public safety, by order, direct the railway administration that further action under sub-
section (1) or sub-section (2) shall be stopped or the same shall be subject to such conditions as may
be specified in that order.

Power to acquire land, etc.

• Where the Central Government is satisfied that for a public purpose any land is required for
the execution of a special railway project, it may, by notification, declare its intention to acquire
such land.
• Every notification under sub-section (1), shall give a brief description of the land and of the
special railway project for which the land is intended to be acquired.
• The State Government or the Union territory, as the case may be, shall for the purposes of this
section, provide the details of the land records to the competent authority, whenever required.
• The competent authority shall cause the substance of the notification to be published in two
local newspapers, one of which shall be in a vernacular language.

The utilisation of land for the purpose it is acquired.—

• The land acquired under this Act shall not be transferred to any other purpose except for a
public purpose, and after obtaining the prior approval of the Central Government.

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• When any land or part thereof, acquired under this Act remains unutilised for a period of five
years from the date of taking over the possession, the same shall return to the Central
Government by reversion.

3.2.7. Metro Railways (Amendment) Act 2009

This Act also contains the Metro Railways (Construction of Works) Act, 1989 and Metro Railways
(Operation and Maintenance) Act, 2002.

Powers of Metro Railway administration

The metro railway administration shall have the power to do anything which may be necessary or
expedient for the purpose of carrying out its functions under the Act.

Without prejudice to the generality of the foregoing provision, such power shall include the power to—

• Acquire, hold and dispose of all kinds of properties owned by it, both movable and immovable;
• Improve, develop or alter any property or asset held by it; develop any metro railway land for
commercial use; provide for the carriage of passengers by integrated transport services or any
other mode of transport;
• centre temporarily in or upon the lands adjoining the metro railway alignment in order to
remove the obstruction, or prevent imminent danger from any source, such as a tree, post or
structure, which may obstruct the movement of the rolling stock, or passengers, or the view of
the signal provided for movement of the rolling stock;
• execute any lease or grant any licence in respect of the property held by it;
• enter into, assign and rescind any contract or obligation;
• employ an agent or contractor for discharging its functions;
• obtain a licence from the Central Government to establish and maintain telegraph lines;
• lay down or place electric supply lines for conveyance and transmission of energy and to
obtain a license for that purpose; and
• do all incidental acts as are necessary for the discharge of any function conferred, or imposed,
on it by this Act.

Opening of certain works

The provisions of sections 14 and 15 shall apply to the opening of the following works if they form
part of, or are directly connected with, the metro railway used for the public carriage of passengers
and have been constructed subsequent to the giving of a report by the Commissioner under section
15, namely: —

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• opening of additional lines of the metro railway;

• opening of stations and junctions;
• re-modelling of yards and re-building of bridges; and
• any alteration or reconstruction materially affecting the structural character of any work to
which the provisions of sections 14 and 15 apply or are extended by this section.

3.2.8. Indian Telegraph Act 2006

Power to establish telegraph on Land of Railway Company

Any Railway company, on being required so to do by the Central Government, shall permit the
Government to establish and maintain a telegraph upon any part of the land of the Company and shall
give every reasonable facility for working the same.

Power to make rules for the conduct of telegraphs

The Central Government may, from time to time, by notification in the Official Gazette, make rules
consistent with this Act for the conduct of all or any telegraphs established, maintained or worked by
the Government or by persons licensed under this Act.

Power to Place Telegraph Lines and Posts

Power for telegraph authority to place and maintain telegraph lines and posts:

The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along,
or across, and posts in or upon any immovable property, provided that: -

• The telegraph authority shall not exercise the powers conferred by this section except for the
purposes of a telegraph established or maintained by the [Central Government], or to be so
established or maintained.
• The [Central Government] shall not acquire any right other than that of the user only in the
property under, over, along, across in or upon which the telegraph authority places any
telegraph line or post; and
• Except as hereinafter provided, the telegraph authority shall not exercise those powers in
respect of any property vested in or under the control or management of any local authority,
without the permission of that authority; and
• In the exercise of the powers conferred by this section, the telegraph authority shall do as little
damage as possible, and, when it has exercised those powers in respect of any property other

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than that referred to in clause (c), shall pay full compensation to all persons interested for any
damage sustained by them by reason of the exercise of those powers.

Power to enter on property in order to repair or remove telegraph lines or posts

The telegraph authority may, at any time, for the purpose of examining, repairing, altering or removing
any telegraph line or post, enter on the property under, over, along, across, in or upon which the line or
post has been placed.

Power for local authority to give permission

Any permission given by a local authority under section 10, clause (c), may be given subject to such
reasonable conditions as that authority thinks fit to impose, as to the payment of any expenses to
which the authority will necessarily be put in consequence of the exercise of the powers conferred by
that section, or as to the time or mode of execution of any work, or as to any other thing connected
with or relative to any work undertaken by the telegraph authority under those powers.

Power for local authority to require removal or alteration of telegraph line or post

When, under the foregoing provisions of this Act, a telegraph line or post has been placed by the
telegraph authority under, over, along, across, in or upon any property vested in or under the control
or management of a local authority, and the local authority, having regard to circumstances which
have arisen since the telegraph line or post was so placed, considers it expedient that it should be
removed or that its position should be altered, the local authority may require the telegraph authority
to remove it or alter its position, as the case may be.

Power to alter the position of gas or water pipes or drains

The telegraph authority may, for the purpose of exercising the powers conferred upon it by this Act in
respect of any property vested in or under the control or management of a local authority, alter the
position there under any pipe (not being a main) for the supply of gas or water, or of any drain (not
being the main drain):

Provided that:-

• when the telegraph authority desires to alter the position of any such pipe or drain it shall give
reasonable notice of its intention to do so, specifying the time at which it will begin to do so,
to the local authority, and, when the pipe or drain is not under the control of the local authority,
to the person under whose control the pipe or drain is.

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• A local authority or person receiving notice under clause (a) may send a person to superintend
the work, and the telegraph authority shall execute the work to the reasonable satisfaction of
the person so sent.
• Removal or alteration of telegraph line or post on property other than that of a local authority
Provided that, if compensation has been paid under section 10, clause (d) he shall, when
making the requisition, tender to the telegraph authority the amount required to defray the
expense of the removal or alteration, or half of the amount paid as compensation, whichever
may be the smaller sum.
• When, under the foregoing provisions of this Act, a telegraph line or post has been placed by
the telegraph authority under, over, along, across, in or upon any property, not being property
vested in or under the control or management of a local authority, and any person entitled to
do so desires to deal with that property in such a manner as to render it necessary or
convenient that the telegraph line or post should be removed to another part thereof or to a
higher or lower level or altered in form, he may require the telegraph authority to remove or
alter the line or post accordingly:
• If the telegraph authority omits to comply with the requisition, the person making it may apply
to the District Magistrate within whose jurisdiction the property is situated to order the removal
or alteration.
• A District Magistrate receiving an application under sub-section (2) may, in his discretion reject
the same or make an order, absolutely or subject to conditions, for the removal of the telegraph
line post to any other part of the property or to a higher or lower level or for the alteration of its
form; and the order so made shall be final

Removal of trees interrupting telegraphic communication

• If any tree standing or lying near a telegraph line interrupts, or is likely to interrupt, telegraphic
communication, a Magistrate of the first or second class may, on the application of the
telegraph authority, cause the tree to be removed or dealt with in such other way as he deems
fit.
• When disposing of an application under sub-section (1), the Magistrate shall, in the case of
any tree in existence before the telegraph line was placed, award to the persons interested in
the tree such compensation as he thinks reasonable, and the shall be final.

3.2.9. Land Acquisition Acts

There are two land acquisition Acts in the Central Legislative provisions.

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3.2.9.1. Land Acquisition (Amendment and Validation) Act 1967

Temporary occupation of land

Temporary occupation of waste or arable land. Procedure when difference as to compensation exists.

• Subject to the provisions of Part VII of this Act, whenever it appears to the [appropriate
Government] that the temporary occupation and use of any waste or arable land are needed
for any public purpose, or for a Company, the [appropriate Government] may direct the
Collector to procure the occupation and use of the same for such term as it shall think fit, not
exceeding three years from the commencement of such occupation.
• The Collector shall there upon giving notice in writing to the person interested in such land of
the purpose for which the same is needed, and shall, for the occupation and use thereof for
such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such
compensation, either in a gross sum of money or by monthly or other periodical payments, as
shall be agreed upon in writing between him and such persons respectively.
• In case the Collector and the persons interested differ as to the sufficiency of the
compensation or apportionment thereof, the Collector shall refer such difference to the
decision of the Court.

3.2.9.2. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013

All conditions in the Act related to the acquisition of land for development, expansion and construction
of roads, transport facilities, utilities, etc. by GMDA or an agency hired/permitted by GMDA will be
strictly applicable, unless there is any clause in the State Legislation as an exception for the above.

3.2.10. The Street Vendors (Protection of Livelihood and of Street Vending) Act, 2014

Relocation and eviction of street vendors

• The local authority may, on the recommendations of the Town Vending Committee, declare a
zone or part of it to be a no-vending zone for any public purpose and relocate the street vendors
vending in that area, in such manner as may be specified in the scheme.
• The local authority shall evict such street vendor whose certificate of vending has been
cancelled under section 10 or who does not have a certificate of vending and vends without
such certificate, in such manner as may be specified in the scheme.

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• No street vendor shall be relocated or evicted by the local authority from the place specified
in the certificate of vending unless he has been given thirty days’ notice for the same in such
manner as may be specified in the scheme.
• A street vendor shall be relocated or evicted by the local authority physically in such manner
as may be specified in the scheme only after he had failed to vacate the place specified in the
certificate of vending, after the expiry of the period specified in the notice.
• Every street vendor who fails to relocate or vacate the place specified in the certificate of
vending, after the expiry of the period specified in the notice, shall be liable to pay for every
day of such default, a penalty which may extend up to two hundred and fifty rupees, as may
be determined by the local authority, but shall not be more than the value of goods seized.

If the street vendor fails to vacate the place specified in the certificate of vending, after the lapse of
the period specified in the notice given under subsection (3) of section 18, the local authority, in
addition to evicting the street vendor under section 18, may, if it deems necessary, seize the goods of
such street vendor in such manner as may be specified in the scheme:

• Provided that where any such seizure is carried out, a list of goods seized shall be prepared,
as specified in the scheme, and a copy thereof, duly signed by the person authorised to seize
the goods, shall be issued to the street vendor. (2) The street vendor whose goods have been
seized under sub-section (1) may reclaim his goods in such manner, and after paying such
fees, as may be specified in the scheme:
• Provided that in case of non-perishable goods, the local authority shall release the goods
within two working days of the claim being made by the street vendor, and in case of perishable
goods, the local authority shall release the goods on the same day of the claim being made by
the street vendor.

3.2.11. Motor Vehicle (Amendment) Act 2019

The state government may, by the notification in the Official Gazette, modify any permit issued under
this Act or make schemes for the transportation of goods and passengers and issue licences under
such schemes for the promotion of development and efficiency in transportation

• Last mile connectivity

• Rural transport
• Reducing traffic congestion
• Improving urban transport
• Safety of road users

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• Better utilisation of transport assets

• The enhancement of economic vitality of the area through competitiveness, productivity and
efficiency
• the increase in the accessibility and mobility of people
• the protection and enhancement of the environment
• the promotion of energy conservation
• improvement of quality of life
• enhance integration and connectivity of transportation system across and between modes of
transport
• such other matters as the central government may dim fit

The state government shall and sure electronic monitoring and enforcement of road safety in the
manner provided under sub-section 2 on national highway state highways roads are in any urban city
within a state which has a population up to such limits as may be prescribed by the central
government

State Government shall make rules for the electronic monitoring and enforcement of road safety,
including speed cameras, closed-circuit television cameras, speed guns, body variable cameras and
other technology.

3.3. Legislations under the State of Haryana

Three legislative provisions are available in the State of Haryana in terms of land, roads and ROW.
Punjab Land Preservation Act 1900 will be applicable to the State of Haryana.

3.3.1. Punjab Land Preservation Act 1900

This legislation was enacted to save the soil from erosion. At the time of enactment, it was applicable
to the whole of Punjab. Now it is applicable to the whole of the State of Haryana. Areas of northern
Haryana along the Shiwalik hills which are prone to soil erosion due to water flow in the rugged and
sloppy terrain and areas of southern and western Haryana which are prone to erosion both by air and
water have been put under the restriction of certain activities under this law (Haryana Forest
Department).

3.3.2. The Haryana Road Infrastructure Protection Act, 2017

The following shall be the prohibited activities under this Act, namely:-

• to encroach upon the Government land under road infrastructure;

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• to raise any permanent, temporary or movable structure on or from road infrastructure;

• to misuse a road by erecting workshop and carrying out commercial activities including
tethering of livestock on road infrastructure;
• to block or damage roadside drainage and cross drainage system;
• to divert water, sullage or muck to the road infrastructure;
• to stack or throw excavated earth or debris or any other material on road infrastructure;
• to dig or damage road infrastructure without permission from the competent authority;
• to install unauthorized hand pumps, bore well or petrol pumps on road infrastructure;
• to damage or deface bridges, the road over bridges, flyovers and under- passes including
approaches, return walls and wing walls, parapets, railings, lighting systems, protection works,
tunnels and their ancillary structures and other structures such as road pavements, shoulders,
retaining walls, breast walls, toe walls, cross-drainage and roadside drains, road junctions,
medians, speed-breakers, rumble strips, street lighting, traffic lights, barricades, crash barriers,
sign boards, kilometre stones, references pillars, boundary pillars, row pillars, road
identification marked infrastructure, pedestals, benches, toll booths or plaza, wayside
amenities such as rain shelters, lay byes, bus lanes, public conveniences, parks and open
spaces along the road and building or any other structure meant for facilitating road
transportation and maintenance of roads;
• to damage or uproot roadside plantations, nurseries, hedges and other landscape items on the
road infrastructure;
• to display unauthorized hoardings on road infrastructure;
• to erect unauthorized welcome gates, arches, etc. on the road infrastructure;
• to damage road infrastructure due to mining in the area;
• to erect or construct any structure on the road infrastructure;
• to erect or construct a place of worship on the road infrastructure.
• any other activity which is declared by the Government, by notification in the Official Gazette,
to be prohibited activity.

All prohibited activities shall be determined with reference to the land records maintained by the
Revenue and Disaster Management Department.

On the occurrence of any activity prohibited under section 3, the competent authority shall issue an
order directing the person to stop forthwith the prohibited activity and where necessary, order the
restoration of the status of the road infrastructure to its original position within such period, as may
be specified in the order and such period shall not exceed three days.

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3.3.3. The Haryana Scheduled Roads and Controlled Areas Restriction of Unregulated
Development Act, 1963

This Act may be called Haryana/Punjab Scheduled Roads and Controlled Areas Restriction of
Unregulated Development Act, 1963, it applies to the whole of the State of Haryana. Various rules and
regulations in this Act in relation to the land, public ROW and roads are given below.

• No person shall erect or re-erect any building or make or extend any excavation or lay out any
means of access to a road within one hundred meters of either side of the road reservation of
a bye-pass or within thirty meters on either side of the road reservation of any scheduled road
not being bye-pass or expressway.
• Without prejudice to the generality of the powers specified in subsection (1), the plans may
provide for the allotment or reservation of land for roads, open spaces, gardens, recreation
grounds, schools, markets and other public purposes.
• The Director may authorize any person to enter into or upon any land or building with or without
assistants or workman for the purpose of making any enquiry, inspection, measurement or
survey or taking levels, provided that no entry shall be made except between, the hours of
sunrise and sunset and without giving twenty-four hours’ notice to the occupier or owner of
such land or building.
• Any person who erects or re-erects any building or makes or extends any excavation or lays
out any means of access to a road in contravention of the provisions of Section 3 or Section
6 or in contravention of any conditions imposed by an order under Section 8 or Section 10,
shall be punishable with imprisonment of either description for a term which may extend to
three years and shall also be liable to fine which may extend to fifty thousand rupees but not
less than ten thousand rupees and, in the case of a continuing contravention, with a further
fine which may extend to one thousand rupees for every day after the date of the first
conviction during which he/she is proved to have persisted in the contravention.

3.3.4. State Level Policies and Acts on Urban Street Vendors, Haryana

State legislation relating to street vendors is varied. Most municipalities provide licenses to street
vendors. Imphal has the most progressive legislation for street vendors. The State Government of
Haryana enacted The Haryana Municipal Street Vendors (Protection of Livelihood and Regulation
of Street Vending) Act in 2014. The aim of the act is to protect the urban street vendors to earn
livelihood and to regulate street vending activities. Some of the major components of the act are
as follows-

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• Formation of the town vending committee

• Survey and registration of street vendors
• Issuance of certificate of vending
• Conditions of issuance of the certificate of vending
• Categories of certificates of vending and issuance of ID cards
• Criteria for issuance of the vending certificate
• Vending fee, cancellation, suspension and renewal details
• Rights of Street vendors
• Duties and responsibilities of street vendors
• Relocation and eviction of street vendors
• Plan for street vending
• Seizure of goods and its reclamation
• Prevention of harassment by police and other authorities
• Research, Training and awareness

The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 under
The First Schedule (Plan for Street Vendors), point 1. states that the street vendors are to be
accommodated in the plan for street vending subject to the norm conforming to 2.5 per cent of
the population of the ward, zone, town or city (Government of India, 2014).

It has been observed that there are no direct violations of legislation and rules in any components of
the existing ROW. Due to the lack of integrated laws for all components, they seem to be overlapped

3.4. GMDA Act

GMDA Act 2017 applies to the area under GMUC. It is explained in detail in the following section.

3.4.1. Powers & Responsibilities

The responsibilities of GMDA and key personnel include;

• recommend to the State Government to acquire, in accordance with any law for the time being
in force, land for the purposes of the Authority;
• purchase, exchange, transfer, hold, lease, manage and dispose of land in such manner, as may
be specified by regulations;
• acquire land for implementation of plans for infrastructure development and sustainable
management of the urban environment, in exchange for transferable development rights
issued in lieu of payment towards the cost of land in such manner and for such exchange

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value as the Authority may, in accordance with the policy in this regard notified by the State
Government, determine;
• acquire, lease, hold, manage, maintain and dispose of property, movable or immovable, other
than land;
• establish a modern geospatial-based system for planning purposes and for land,
infrastructure, urban amenities and urban environment in the notified area;
• enter into contracts or agreements with any person, board, company, local authority or other
agency;
• form with the prior approval of the State Government and on such terms and conditions, as
may be approved by the State Government, joint venture companies and limited liability
partnerships, with boards, companies or other agencies;
• direct the appropriate local authority having jurisdiction or the District Magistrate to remove
any obstruction or encroachment on roads including cycling tracks, open spaces, pedestrian
footpaths or properties vesting in or under the control and management of the Authority;
• require, the police to take, as immediately as may be practicable, action in the aid of the
Authority;
• to do all such other acts and things which may be necessary for or incidental or conducive to,
any matter which may arise on account of the exercise of powers and performance of
functions and which are necessary for the furtherance of the objects for which the Authority
is established.

The powers vested in the Authority include;

• Power of Authority to require the local authority to assume responsibilities for maintenance:
Where any infrastructure development work has been provided or is under the control and
management of the Authority, the Chief Executive Officer may require the local authority,
within whose local limits such infrastructure development work is situated, to assume the
responsibility for the maintenance of such infrastructure development work, on such terms
and conditions, as may be agreed upon between the Authority and that local authority:
• Power of Authority to survey: The Authority may, for the purposes of the exercise of its powers
or performance of its functions, undertake the survey of any land or building within the notified
area
• Power of Chief Executive Officer to direct removal of unauthorized development, obstructions
or encroachment.

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• The Chief Executive Officer may direct the local authority having jurisdiction to remove any
unauthorised development in the notified area or obstructions and encroachments on roads
including cycling tracks, open spaces, pedestrian footpaths or properties vesting in or under
the control and management of the Authority in such form, as may be prescribed.
• Power to engage experts: The Chief Executive Officer may engage, on such fee and
remuneration and for such period, such experts having such experience, as may be specified
by regulations.
• Power of Authority to borrow: The Authority may, from time to time, borrow money by way of
loans, bonds or debentures or other instruments from sources other than the State
Government, on such terms and conditions, general or specific, as may be approved by the
State Government.
• Power of Authority to invest: The Authority may invest any portion of its funds in such
investments, as may be specified by regulations
• Power to levy user charges: The Authority may, for the purposes of recovering wholly or in part,
any expenditure on any infrastructure development work or urban amenity provided or
maintained by it, directly or indirectly under its authorisation, levy and collect a charge from
the users of such infrastructure development work or urban amenity.
• Power of Authority to call for the report, return or information from local authority: The
Authority shall have power to call for any return, report, statistics or other information
pertaining to any infrastructure development work, urban amenity or any matter with reference
to the powers exercisable in the notified area by the Authority under this Act, from any local
authority or any other authority, board, company or other agency, owned or controlled by the
Central Government or the State Government.

3.4.2. Resident Advisory Council

The Residents Advisory Council shall consist of the Chief Executive Officer, who shall preside over the
meetings of the council. It functions for the welfare of society in terms of all development aspects
including the management of public spaces.

3.4.3. ROW Provisions

The infrastructure development plan shall specify the right of way requirements for infrastructure
development work under, over, along, across or upon any road or public street or any property vested
in or under the control or management of the Authority, including but not limited to electricity,

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telecommunications, piped natural gas, provided by entities under a licence issued by or under any
State law:

Provided that the right of way requirements shall make provision for the prevention of frequent
damage to the road and related infrastructure standing thereon.

• The Authority shall specify the ROW requirements for laying infrastructure development work
under, over, along, across or upon any road or Public Street or any property vested in or under
the control or management of the Authority: Provided that such row requirements shall be
consistent with the provisions of–
➢ The Indian Telegraph Act, 1885 (Central Act 13 of 1885) or rules made thereunder, in
respect of telecommunication infrastructure;
➢ The Electricity Act, 2003 (Central Act 36 of 2003) or rules made thereunder, in respect
of electricity infrastructure;
➢ The Metro Railways (Construction of Work) Act, 1978 (Central Act 33 of 1978) or rules
made thereunder, in respect of metro railway infrastructure;
➢ The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962
(Central Act 50 of 1962) or rules made thereunder, in respect of petroleum and natural
gas pipelines.
• The Authority shall, in respect of any property vested in it or under its control or management,
exercise the powers –
➢ of the local authority under the Indian Telegraph Act, 1885 (Central Act 13 of 1885) and
the appropriate authority under the Indian Telegraph Right of Way Rules, 2016, for
underground telegraph infrastructure and overground telegraph infrastructure;
➢ Conferred under the rules made by the State Government under sections 67 and 68 of
the Electricity Act, 2003(Central Act 36 of 2003) for electricity infrastructure.
• No person, board, company or other agency shall, except in accordance with the right of way
requirements undertake any infrastructure development work within the notified area.
• Where the infrastructure development work is proposed to be provided under any road or
public street or any property vested in or under the control or management of the Authority,
the Chief Executive Officer may require the provider of such infrastructure development work
to ensure the provision of positional intelligence through appropriate technology to enable the
Authority to obtain real-time information on the location of such infrastructure development
work.

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• The Authority may, either on its own or through collaboration with one or more providers of
any infrastructure development work, construct a shared infrastructure for all public utilities
that are likely to be laid under any road or public street and on the construction of such shared
infrastructure require all providers of infrastructure development work laid or proposed to be
laid under any road or public street to use the shared infrastructure: Provided that the nature
of the shared infrastructure, the terms and conditions of its construction and shared use shall
be such, as may be approved by the Authority.
• If the Chief Executive Officer is of the opinion that public interest shall be served by shifting
any infrastructure development work laid under, over, along, across or upon any road or public
street or any property vested in or under the control or management of the Authority, he may
direct the owner of the such infrastructure development work to shift or alter the infrastructure
so provided within such time, as he or she may reasonably determine.

Initially, it is recommended that ROW management starts with guidelines and later on if ROW is to be
statutory then GMDA Act may be amended accordingly.

3.5. Other Documents

Comprehensive Mobility Management Plan (CMMP) for GMUC 2020 outlines that there is also a need
for a study to be undertaken on ROW Management in the GMDA area which could identify design ROW
guidelines for arterial roads with ROW of 30m and above.

Similarly, there are several Indian Road Congress (IRC) codes and standards related to roads, public
transport, footpath, cycle track and other transport infrastructure. All provisions and exemptions
proposed in this study are fully abided by these codes.

3.5.1. IRC: 98-2011 – Guidelines on Accommodation of Utility Services on Roads in Urban

Areas

Some utility lines have interactive characteristics with other lines, as such their relative location
warrants careful consideration. Sewer and drainage lines have generally gravitational flow and are
laid at substantial depth, the actual depth depending upon the topography of the area. They normally
require deeper and wider trenches for installation and are provided with manholes at intervals. Sewer
lines can be laid preferably at the edge of the carriageway, where ROW is more than 24 metres. Water
and electric lines (LT or HT) should not be close to these lines to avoid potential contamination and
short circuit respectively. Electric cables should be at least 1 metre away from OFCs to avoid
interferences. Gas lines must be away from the electric cables. Common ducting is preferred to avoid

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digging and opening roads and carriageways. The concept of common utility duct or multi-utility duct
shall become a part and parcel of road utility for new as well as existing roads.

The depth of installation depends on the type of service line accommodated. The minimum death is
from the consideration of providing a minimum cover to safeguard the line from any superimposed
loads or impact, or from erosion and this should not be less than 0.6m. The different service lines are
also to be located at different depths so that a cross-connection of a service line is not obstructed by
another.

Gravity sewer lines, from the operational angle, are required to be laid at a substantial depth, more
than 1.5 m depending on the topography of the area. As regards electricity cables, HT lines should be
of greater depth than LT ones from safety considerations.

The width for the utilities is difficult to generalize as they vary and depend upon the load and other
requirements. The table below shows the average and variation of subsurface utilities.

From the above considerations, broad recommendations about the depth of laying (denoting the
bottom of the trench) of the various service lines along the road are given below.

Table 1: Laying depths of utility components in the ROW

Typical width
S.N. Utility Type / Component Depth (metres)
Dimensions (mm)
Trunk Line More than 1.5 150 to 1200
1 Sewer
Service line 1.5 or above 75 to 150
Trunk Line More than 1.5 na
2 Drainage
Service line 1.5 or above na
Trunk Line 1.0 – 6.0 100 to 1200
3 Water Supply
Service line 0.6 – 1.0 12 to 150
LT Cable 0.6 – 1.0 12 to 50
4 Electric 25 to 125 (conduit)
HT Cable 1.5 – 2.0
25 to 50 (cable)
General ducts 1.0 – 2.0 12 to 100
5 Communication
OFC ducts clearance 1.0
50 to 750 (mains)
6 Gas Main and lines 2.0 – 3.0
12 to 150 (lines)

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ROW requirements for high tension electricity lines are shown in table 2

Table 2 ROW for High Tension lines

S.N. Voltage level ROW / Clearances Overhead line ROW for Underground line

1 33 KV 15 Mtr 0.75 Mtr

2 66 KV 18 Mtr 0.95 Mtr

3 132 KV 27 Mtr 1.83 Mtr

4 220 KV 35 Mtr 2.60 Mtr

5 400 KV 52 Mtr NA

A schematic diagram of various utilities under ROW is shown in Figure 4

Figure 4 NJUG guidelines for utility installation in the UK (NJUG, 2003).

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3.5.2. IRC: 67-2021 – Code of Practice for Road Signs

The IRC Code of Practice for Road Signs sets out the methodology to be followed in the use,
placement, construction and maintenance of the road signs for all categories of roads including
expressways. The road signs adopted in this code are in harmony with the Protocol on Road Signs
and Signals of the United Nations Conference on Road and Motor Transport, 1949 and the Vienna
Convention on Road Signs and Signals, 1968. The purpose of road signs is to promote road safety
and efficiency by providing for the orderly movement of all road users on all roads in both urban and
non-urban areas. Road signs notify road users of regulations and provide warnings and guidance
needed for safe, uniform and efficient operation.

3.5.2.1. Principles of Road Signs

This Code contains the basic principles that govern the design and use of road signs for all categories
of roads including expressways open to public travel irrespective of the road agency having
jurisdiction. It is important that these principles be given primary consideration in the selection and
application of each road sign. To be effective, a road sign should meet five basic requirements:

• Fulfil a need;
• Command attention;
• Convey a clear and simple meaning;
• Command respect from road users; and
• Give adequate time for response.

Design, placement, operation, maintenance, and uniformity are aspects that should be carefully
considered in order to maximize the ability of a road sign to meet these five basic requirements.

3.5.2.2. Placement and Operation of Road Signs

The placement of road signs should be within road users' view. To aid in conveying proper meaning,
road signs should be positioned with respect to the location or situation to which it applies. The
location and legibility of the road sign should be such as to provide adequate response time to road
users to read and take action at the operating speed. Road signs or their supports shall not bear any
advertising or other message that is not related to traffic control. However, tourist-oriented directional
signs and signs relating to specific wayside services and amenities should not be considered
advertising. Road signs should be placed and operated in a uniform and consistent manner. Road
signs which are not necessary or no longer required should be removed. The fact that a sign is in good
physical condition should not be a basis for deferring the removal or change if it is so warranted.

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3.5.2.3. Maintenance of Road Signs

Maintenance of road signs should be ensured to retain both the legibility and the visibility of the sign.
Functional evaluation of road signs should be done to determine at regular periodic intervals, whether
certain signs need to be changed to meet current traffic conditions. Clean, legible, properly mounted
signs in good working condition command respect from road users.

3.5.2.4. Uniformity of Road Signs

Uniformity of signs simplifies the task of the road user because it helps in recognition and
understanding, thereby reducing perception/reaction time. Uniformity assists road users, traffic
police and highway agencies by giving everyone the same interpretation message. Uniformity also
promotes efficiency in manufacture, installation and maintenance. Uniformity means treating similar
situations in a similar way. A standard sign, used where it is not appropriate, is as objectionable as a
nonstandard sign.

3.5.2.5. Traffic Engineering Study

The decision to use a particular sign at a particular location should be made on the basis of a traffic
engineering study and after very careful planning so that correct and uniform signs are placed at
required locations. Authorities with responsibility for traffic control that do not have in-house
engineering assistance can take help from traffic engineering consultant(s) or academic and research
institutions with domain expertise.

3.6. Best Practices

ROW management is a significant tool for development and land controls in various countries. In the
United States, the State Departments of Transportation (DOT) frame the ROW-related rules and
regulations on behalf of the Federal Highway Administration (FHWA). In addition to such guidelines,
they also prepare manuals and standard operating procedures (SOP) for the ROW acquisition and
protection. The other documentation includes the ROW engineering manual, ROW design guidelines
and ROW procedure handbooks. Therefore, the ROW management system is mostly used for the
acquisition of new State roads/highways/motorways and related procedures. They also utilize the
manual for the future provisions and protection of ROW from potential encroachments.

In Australia, ROW management is also integrated with the State planning process and documents. It
is supported by a legal framework and used for several, planning, solicitation, maintenance and
preservation-related procedures. Land use development is primarily linked with ROW management as
it could potentially restrict the encroachments and unprecedented expansions. It was also

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instrumental in the protection of heritage structures and residential neighbourhoods in the old
city/downtown areas. Provisions for traffic management were also incorporated into the ROW
management.

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4. ROW ALLOCATION AND NETWORK

This chapter explains the characteristics of the existing network in the current scope of work. It also
deals with the allocations and exemptions on a public ROW.

4.1. Background

The ROW allocation in the notified area comes along with the mobility corridors. Although the study
did not consider those areas that are restricted for mobility, the influence area beyond the ROW
boundary will be included in many cases. The study, in general, focuses on roads and corridors that
offer a greater scope of work in terms of traffic movement, utilities, infrastructure and other legal
accountabilities. Thus, a comprehensive network review was conducted to identify the potential
corridors, both road-based and rail-based. Gurugram Metropolitan Area has extensive Expressways,
Highways, Railways, and Metro Rail apart from the key urban roads. Since the land under the Railways
is beyond GMDA jurisdiction, it has been omitted from the study. Though existing metro lines belong
to Delhi Metro and Rapid Metro Gurgaon, they are (nearly 90%) typically constructed within the ROW
for roads.

4.2. Existing Road Classification

The comprehensive Mobility Management Plan (CMMP) for GMUC provides one of the most recent
statistics on the road network in the region. In 2019 data, Gurugram is one of the few cities in Haryana
and India with multiple Expressways. It accounts for 4.9% of the entire network with an 8-lane
carriageway apart from service roads and an 80-120 m wide ROW. GMDA has 121 km of arterial roads
and 191 km of sub-arterial roads of ROW 30 m or above. The rest of the 62.3% of roads are classified
as Collector Roads, whereas the local roads are not taken into consideration for network development.
Refer to Table 3.

Table 3: Distribution of Road Hierarchy in GMUC

Road Hierarchy Length (KMs) Share (Percent)

Express Ways/N.H. 47 4.9%

Arterial Roads 121 12.7%
Sub Arterial Roads 191 20.0%
Collector Roads 593 62.3%
Total Network Length 953 100.00%

Source: CMMP 2020

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The main National Highway (NH – 48), also known as Delhi Jaipur Expressway, runs through the heart
of GMUC and bifurcates it. It is approximately 32 km long. A 15-km stretch of Western Peripheral
Expressway passes through the notified area, whereas an 18-km long Dwarka Expressway is under
construction, which makes the tally 65 km. Other major arterial roads in the GMUC are Mehrauli-
Gurgaon (MG) Road, Basai Road, Pataudi Road, Faridabad Road, Old Delhi Road and Sohna Road. Few
of them are reclassified into NH and SH. Golf Course Road and Golf Course Extension Road are two
important arterial roads apart from the above-mentioned. 5 shows the complete road network map
excluding local streets.

Figure 5: Road Network Map of GMUC (Except Local Streets)

It is understood, from Table 3, that 37.8% of the roads are included in the study leaving all collector
roads. In addition, 6 demarcates that 38% of all the roads have allocated ROW 30 m or above.
However, the effective ROW is yet to be analysed if there are any encroachments in the study area.

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Figure 6: Distribution of roads by ROW (in Metres) Source: CMMP 2020

4.3. Network Selection

The road and rail-based networks are an integral part of a public ROW. Hence both networks are
selected.

4.3.1. Road Network

As per the current scope of work and the findings from Table 3 and Figure 6, all existing arterial and
sub-arterial roads with allocated or effective ROW above 30 metres are included in the study. It will,
by default, include all Expressways, NH and SH and future roads belonging to any of these categories.
At present, although there is 259 km of arterial, sub-arterial, Expressways, NH and SH within the GMUC
boundary, GMDA manages 212 km of arterial and sub-arterial roads (Figure 7).

Figure 7: Selected Roads for ROW Management (Existing + Proposed Network)

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4.3.2. Transit Network

There are two operational lines of metro rail in the notified area as shown in figure 8. The yellow line
(Horizontal) is part of Delhi Metro and the Rapid Metro line (Vertical) is owned by Rapid Metro Rail
Gurugram Limited (RMGL). The new Comprehensive Mobility Management Plan (CMMP) for GMUC
recommended 4 more new lines in addition to the extension of Rapid Metro and proposed RRTS to
Alwar and Faridabad. These new lines will not only change the status of existing ROW, but also the
multimodal transit hubs that create an integrated concept of ROW management. More than 90% of
the existing network, except a link near the DLF phase 3, is a part of road-based ROW.

Figure 8: Selected transit corridors (Existing + Proposed Network)

4.4. Allocation of ROW

The nature and character of ROW may vary from location to location. Although it primarily deals with
the ownership of the land/property, the mobility rights of the stakeholders are also significant.
Therefore, it is important to understand the context of the land on which the kind of ROW is applicable.
Generally, the allocation takes into consideration of existing land use, mobility indicators, and
geophysical conditions. ROW is categorized based on ownership and occupation.

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4.4.1. Ownership-Based

Ownership criteria define ROW to understand the extent of executing the right to mobility in various
types of land accessible to all. Accessibility increases when the owner is not restricted to individuals.
While the majority of the land is privately owned, free and seamless mobility is offered by the public
thoroughfare owned by the Authority. However, there are instances where the right to mobility and
accessibility supersede ownership, which is formerly termed a ‘shared space’.

4.4.1.1. Public ROW

Public corridors or strips of land known as public ROW are normally acquired and developed by public
agencies. The right to obtain and use the land for public benefit is of ancient origin. This right is not
only a long-standing tradition but is provided for by law.

For more than many years it has been recognized that it is in the public interest for utility facilities to
use the rights-of-way of public roads and streets when such use and occupancy do not interfere with
the primary purpose of the road. Joint use of the ROW avoids the additional cost of acquiring a
separate ROW for the exclusive accommodation of utilities. Local roads, streets and highways have
long been used to provide public services to abutting residents as well as to serve conventional
roadway needs such as street and signal lighting. Because many times the utilities in the ROW are not
owned or operated directly by state or local highway agencies, these authorities have developed
policies and practices to govern when and how the public ROW is used.

The public ROW satisfies many needs of the public with vehicular and pedestrian traffic being the
most visible. They also provide the space for a publicly owned utility, such as water, sewers, lighting
and other communications systems that possess the right of occupancy by virtue of the ministerial
power of government. Privately owned utilities, such as electric, gas, communications and other
functions, can also occupy public ROW space by virtue of permits or franchise authorizations granted
by state or local laws, statutes or other legislative actions. Excavations in the public ROW need to be
conducted in coordination with not only the regulating agency but with the other users of the ROW.
These users range from the owner of other utilities that may be buried in proximity to the one being
serviced to travellers and pedestrians using the roadway or pedestrian footpath. A schematic diagram
of public ROW is shown in figure 9.

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Figure 9: Typical Representation of Public ROW

4.4.1.2. Private ROW

A private ROW is normally acquired using a variety of conveyances to establish land use rights such
as fee simple estate or an easement. A schematic diagram of public ROW is shown in figure 10. It is
generally considered as the land use beyond the ROW boundary owned and managed by an individual
or group of individuals. As stated any private ROW is still abided by the easement agreement with
Public ROW and another private ROW if applicable. In addition, private ROWs are subject to the
setback guidelines as well as the influence area constraints. Pipeline, long-distance communications
and electric distribution companies have private ROWs for many of their facilities. Such ROWs may or
may not align with the public ROW and will require a private ROW permit and agreement, short-term
or long-term, from the Authority.

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Figure 10: Typical Representation of Private ROW

There are several instances where the private ROW exhibits ownership conflicts with either another
private ROW or public ROW as shown in figure 11. In most of the cases that involve public ROW, priority
is given to it based on the available laws and legal coverage.

Figure 11: Allocation of ROW in case of Tunnels

4.4.1.3. Shared ROW

Shared ROW is determined based on the context of the location as shown in figure 12. The term
‘shared’ does not mean that the owner is collected within the limits of the public ROW. On the other

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hand, the ownership of the ROW solely belongs to the GMDA or the Agency. The private or the second
party will have the right to operate on the public ROW on specific terms or for a certain time. The
second party can be of two types: the service providers and service beneficiaries. Electricity, gas,
communication, drainage, sewage, etc. are service providers, whereas all other properties, private or
public, except the Agency, are beneficiaries.

Private property owners on the adjacent land have the right to use the entire space above the ground
from the edge of the carriageway to the ROW boundary (horizontal and vertical) for access and
privacy. They also possess the right to construct one or more driveways (3-4 metres wide) from the
carriageway with consent from the Authority. The number of driveways is restricted by the property
size and land use. Authority must consider the rights of the adjacent private ROW in case of
construction/installation of certain components (such as transformers, communication cells,
garbage collection, etc.).

Figure 12: Typical Representation of Shared ROW

4.4.2. Occupation-based

Occupation-based ROW is categorized on the duration of time occupied or the right reserved. It could
be classified as a permanent or temporary ROW. They are generally related to purpose-oriented
activities or operations, where all short-term functions on a particular land/property/road section will
be treated as temporary.

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4.4.2.1. Permanent ROW

All ROW assigned for various components is generally treated as permanent ROW. It is used to denote
the function of a particular component rather than the overall ROW. For example, a carriageway is
permanent to motor traffic, a footpath for pedestrians, a cycle track for cyclists, a sewer line for
sewage, a drain for water, etc. Although the functional component remains permanent, permissions
can be granted to temporary provisions for other entities, private or public, to intervene in a permanent
ROW for a specific period of time.

4.4.2.2. Temporary ROW

Temporary ROW is awarded for a short period to one specific entity within or outside the existing ROW
to operate on one or more components managed by one or more different entities in the ROW.
Permissions from the Authority and consent from the respective entity are pre-requisites for awarding
the temporary ROW. For example, a telecom company requires to earn a temporary ROW over the
carriageway or footpath or buffer zone from the Authority for laying down the communication cables
wherever it has been permitted for a stipulated time. It also directs the entity to complete the
maintenance related to the damages caused during their work. The detailed process of the application
and award of temporary ROW is explained in Chapter 7.

4.5. Restricted Area

The allocation of ROW has certain limitations based on land use and socio-political reasons. Although
ownership solely remains with the Agency, there are restrictions on the planning, development,
construction, maintenance, etc. subjected to conditions pertaining to the context. Such exemptions
are categorized into three criteria as discussed below.

4.5.1. Defence Zone

The allocation of a particular temporary or permanent ROW, but not limited to all, adjacent to a defence
one needs to undergo additional permissions from the competent authority of the land use. These
restrictions are mostly applicable to temporary ROW, where the permits are issued from the Authority
and certified by the concerned authority from the Defence area. However, few permanent ROW such
as flyover, underpass and transit corridors (at-grade, overhead and underground) passing along and
across the defence area.

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4.5.2. Environmentally Sensitive Area

Environmentally Sensitive Areas or Eco-Sensitive Zones (ESZs) are notified by the Ministry of
Environment, Forests and Climate Change (MoEFCC) are fragile land use patterns that are protected
from construction, operation and maintenance of civil works. The ROW adjacent to ESZs requires
further evaluation in terms of the allocation of ROW. Restrictions are categorical with respect to the
character and context of ESZs as explained below.

4.5.2.1. Forests & Wildlife

Allocation and assessment of provisions in the public ROW nearby forests and wildlife sanctuaries is
primarily related to the conservation and protection of life. While the expansion of ROW, interaction
of public ROW with ESZ and access are completely prohibited, the basic right to mobility is not
hindered. The permits for the allocation of temporary ROW that affects the protected area directly or
indirectly are issued both by the Agency as well as MoEFCC. However, if there is a need for a dedicated
mobility corridor for wild animals and protected species along or across the public ROW, the Agency
must allocate permits in accordance with the rules issued by the Ministry.

4.5.2.2. Water Bodies & Wetlands

Water bodies and wetlands on an ESZ next to a public ROW necessitate similar guidelines for forests
and wildlife. On the other hand, the right to limited access and the extent of civil works allowed in the
area beyond the public ROW is legally viable. Civil works will ensure the stability and durability of the
land use, while the right to limited access will restrict the overuse of the particular water body or
wetland. Permits are dispensed from the Agency as well as the Ministry. Temporary ROW for
construction, maintenance and removal of infrastructure and utilities need prior permissions.

4.5.3. Mining & Industries

In the case of mining and industries adjacent to a public ROW, the priority is given to the public
thoroughfare rather than the respective land use. Thus, restrictions are generally applicable to the
entity owning mining and industries related to noise and air pollution. The height of the ROW boundary
must ensure the noise level is kept at the allowable limits whereas, sources of potential air pollution
must be kept away from the boundary of the public ROW or its influence area.

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5. OWNERSHIP, RIGHTS, EASEMENTS & ENCROACHMENTS

5.1. Land Ownership

Ownership of the land is the primary norm that allows access rights, easements and encroachments
applicable. When the ownership is public, access or mobility rights and encroachments are subjective.
On the other hand, private ownerships mostly deal with easements. However, there exist few cases
or exceptions of encroachments and rights on privately owned land as well.

5.2. Easement
Easements essentially acquire certain defined rights of usage without the outright purchase of the
property that the easement is on, and may be temporary or permanent depending on long-term
maintenance needs. Permanent easement limits are flagged on the ROW plans, while temporary
easements are not. This section describes the typical easements pertinent to private ROW.
Easements (as opposed to acquisitions) often have advantages for the property owner in relation to
zoning. They also may be viewed more favourably for certain environmental considerations. A figure
is included with each following easement description for guidance in determining its limits.

5.2.1. Permanent Easements

Permanent easements have long-term or stable nature throughout the project provided the context
remains the same. The benefits to the property owner and the public will continue as long as the
easement exists. The majority of the permanent easements are due to the geographical and
environmental conditions of the land/corridor.

5.2.1.1. Slope

Slope easements can be secured as permanent or temporary easements. The designer should use
judgment in sizing the easements and coordinate with the appropriate City or another maintainer to
provide adequate space for the Contractor to accomplish the required work and to provide an area
large enough for maintenance forces to access and maintain the easement area in the future, as
necessary. Roadway fills or cut areas that create steep and/or long side slopes, and may be subject
to erosion, should be purchased as permanent slope easements due to the likelihood of required
maintenance.

Minor grading work with relatively flat, short, side slopes should be purchased as temporary
construction easements. Side slopes of 4:1 or flatter would generally be considered as temporary

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construction easements if the flattening of the slope, or otherwise grading to benefit the property
(such as to avoid ponding or improving the property frontage), does not compromise the integrity of
the roadway. However, the designer’s judgment relative to future maintenance issues should govern
this decision. Whether an easement is permanent or temporary should reflect whether the integrity of
the design would be maintained without the easement being permanent. The Engineering Department
should not be put in a position that would require the need for a guardrail or other permanent remedial
measures should the area be altered by the property owner after the easement expires.

Figure 13 represents an example of a slope easement with slope lines located outside of the ROW.
When the slope line enters an existing woods line, a clearing area is required. This clearing area must
be included as part of the easement.

Figure 13: Slope Easement

5.2.1.2. Drainage & Channels

Several different situations may require drainage easements, such as culvert inlets and outlets, closed
system drainage along ditch lines and a permanent erosion control area.

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Figure 14 shows a drainage easement at the inlet and outlet of a culvert. Review the headwater and
tailwater to determine if there is a potential for ponding that may affect the property beyond the
intended easement limits. If the hydraulic analysis reflects ponding occurs beyond these limits,
include this area in the easement.

Figure 14: Drainage & Channels Easement

The easement is sized to allow for maintenance of the culvert, its inlet and outlet ditches, and provides
access for the Administration of Maintenance equipment. Typically, a 6-metre offset from the centre
of the pipe, left and right, is sufficient and a minimum of 3 metres beyond the limit of work. The extent
should reflect treatment and erosion control requirements and not an arbitrary number.

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Existing Drainage/Channel Easements should be re-evaluated and new easement(s) may be required
when the replacement pipe is larger than that which exists, the anticipated flow will be greater, or if
the grading in the area substantially changes the old ground.

Figure 12 illustrates a drainage easement for a closed drainage system. This easement is purchased
to allow enough area to construct and maintain the system. This easement is evaluated by the trench
excavation slope requirements provided by GMDA. When sizing drainage easements, a 1:1 slope
excavation is typically used, starting from the bottom of the trench up to the ground surface.
Additional information and guidance provided in the Geotechnical Report should be considered, if
available. Normally, drainage easements are secured when other methods that could be used for
excavation to limit impacts are deemed impractical, i.e. trench boxes or other shoring methods.

5.2.1.3. Bridges

Figure 15 illustrates several overlapping easements (drainage, channel, slope, and temporary traffic
control). Each easement is calculated separately from the ROW line. The easements are calculated
separately because each represents a different purpose for which the same area of land can be used.

Figure 15: Bridge Easement

5.2.1.4. Retaining Walls

This type of easement is becoming more and more common, especially in urban areas where the
GMDA will try to limit property impacts. Figure 16 depicts the standard practice in determining the
new ROW line and limit of the easement. The new ROW is typically 1 foot behind the back of the
footing at the point of the wall’s greatest height. This will keep the entire retaining wall within the ROW.
The limit of the (permanent) easement is determined for excavation requirements, typically a 1:1 back
slope. Since the height of the retaining wall has a direct relationship to the new ROW and easement,
use discretion in the layout and don’t “zigzag” the ROW or easement lines. Design the ROW to be a

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constant offset from the face of the retaining wall, tapering the easement as required. In some cases,
a temporary easement may be necessary for the construction of the wall (i.e. for sheet piling or room
required to access the top portion of the wall).

Historic stonewalls are those that have been recognized as “contributing elements to a historic
property”. (Consult with your project’s Engineer/Manager in the Environment Ministry). When historic
stonewalls are required to be relocated as part of the environmental mitigation process, the relocation
will be done regardless of the disposition of the property owner, by the acquisition of a new permanent
“stonewall” easement. This easement will allow for condemnation, if necessary, to relocate the
wall(s).

Figure 16: Retaining Wall Easement

All other stonewalls are considered non-historic and those found eligible for reconstruction/relocation
by the Authority do not require easements to relocate since any relocation is considered voluntary.
The property owner grants a right-of-entry for the reconstruction/relocation and enters into a covenant
with GMDA for the preservation/maintenance of stonewalls. These non-historic stonewalls will be
shown in their proposed locations on both the ROW and Construction plans. An entry representing the

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total linear length of non-historic stonewalls to be relocated will be shown in the remarks column on
the ROW Summary Sheet for each parcel involved.

5.2.1.5. Sight Line

Figure 17 depicts the Sight Line Easement required at intersections to provide a clear area for a vehicle
driver’s line of sight. (Refer to Chapter 4 for sight distance calculations.) This easement is typically
set 10 feet off the sight line and legally prohibits the property owner from placing any physical objects
(signs, bushes, trees, etc.) within the easement that may hinder sight distance. This easement is
typically secured at intersections where acquisition of ROW is not feasible or deemed unnecessary.

Figure 17: Slight Line Easement

5.2.1.6. Green Zone

The context of a green zone easement is different from other easements (Figure 18). If there are one
or more trees, which are located on or closer to the boundary line and have contextual importance in
terms of size, value or protection of species, vegetation easement is applicable. This easement is
typically set a maximum of 3.0 metres off the ROW boundary and legally prohibits the property owner
from placing any permanent or temporary structures, buildings, walls, objects, etc., within the
easement that may hinder the growth and survival of vegetation/trees on or inside the public ROW.
This easement is typically secured along the road section and intersections where acquisition of ROW
is not feasible or deemed unnecessary.

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Figure 18: Green Zone Easement

5.2.2. Temporary Easements

These easements are broken down by description and purpose, e.g. traffic control during
construction, driveways (including walkways), drainage, and construction. They allow the Contractor
to temporarily access the property to construct the work required on the plans. In most cases, except
for a driveway or walkway, the Contractor will re-establish the disturbed area as near as possible to
its original state. All temporary easements will have a duration and an expiration date. The duration
is typically the construction time frame for the entire project. The expiration date should be
coordinated with the administrator of ROW. This date may be an expiration date, commonly one year
after the project’s completion date, or established as distant as 10 years beyond the project
completion date to allow for construction delays that may occur, and to avoid the need for re-
acquisitions. Exceptions may apply for landscaping considerations, functional replacements,
environmental considerations, etc. This additional time allows for any necessary remedial work

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5.2.2.1. Construction Zone

Figure 19 shows a Temporary Construction Easement that encompasses the limits of a detour
roadway, or temporary widening, required to maintain traffic during construction. Generally, the
easement line is set 10 feet beyond the proposed slope line. This allows the Contractor room to
construct temporary erosion control measures, as needed. Where slope lines vary, the designer
should set a logical offset rather than “zigzag” the easement along the slope line

Figure 19: Construction Easement

5.2.2.2. Maintenance

Figure 20 shows a Maintenance Easement that encompasses the limits of a detour roadway, or
temporary widening, required to maintain traffic during the maintenance work on a small or medium
stretch for one or more days.

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Figure 20: Maintenance Easement

5.2.2.3. Utilities

This type of easement should be limited to instances where it is necessary to accommodate the
relocation of existing utilities because of limited ROW and in conjunction with other permanent
easements. The limit of the easement for aerial utilities must account for the cross arms supporting
the electric conductors and the conductors and cables between utility poles.

The limit of the easement for underground utilities is determined for the excavation requirements is,
typically a 1:1 back slope. There is a limited necessity for an easement to accommodate an
underground utility as clearance from the edge of pavement is not required. Design the easement to
be a constant offset from the utility poles or underground structures without “zigzagging” the
easement lines (Figure 21)

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Figure 21: Utility Easement

5.2.3. Other Easements

Apart from these two, some of the easements can be temporary or permanent based on the demand
or usage of the same. They are rarely utilized, however, eligible for the easement rights.

5.2.3.1. Parking Easements

A parking easement is generally set at a maximum of 3.0 metres off the ROW boundary and legally
prohibits the property owner from making permanent or temporary structures or buildings or walls or
objects, within the easement that may hinder the entry and exit for the parking, if any. Although the
owner is strict with the landholder, he/she is not allowed to stop or block or resist the parking access
(Figure 22). The land owner may claim compensation at the Authority, in terms of parking fee, equal
to the ratio of his/her land and the total parking area, if the fee is applicable.

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Figure 22: Parking Easement

5.2.3.2. Signage Easements

Signage easements are applicable where the ROW width is not sufficient to cater for the needs of the
standard footpath, cycle track, green zone, etc. In such cases, the posts or poles of road signs and
information boards may be installed beyond the ROW boundary with the permission of the land
owner/s, only if visibility is satisfactory.

However, signage visibility does not affect the scope of this document as roads with ROW below 30
metres are not included.

5.3. Setbacks

A setback is a minimum distance which a building or other structure must be set back from a street
or road, a river or other stream, a shore or flood plain, or any other place which is deemed to need
protection. Setbacks are established by zoning or private covenants. Zoning setback ordinances may
permit encroachments for “accessory structures” such as sheds, decks and parking lots. Private
covenants need to be consulted for permitted encroachments.

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Setbacks for the properties remain the same as per the existing guidelines on building codes for
various land uses. However, a minimum of 3.0 metres setback is mandatory for all selected networks
that prohibit the construction of permanent structures and buildings, in case the existing setback on
the respective land use is lesser.

5.3.1. Influence Area

The term “influence area” is termed as the horizontal and vertical area next to the ROW boundary but
within the limits of the setback in that particular land use or up to 3.0 metres, whichever is higher. The
influence area governs the access for the public ROW, either from another public or a private or a
shared ROW. Though ownership of the land entirely belongs to private individuals and is subject to
easements wherever necessary, the influence area sets the limit for any kind of additional easements
or other agreements, temporary or permanent, unless claimed through acquisition.

5.4. Encroachments
Encroachment into a public ROW is not allowed without an encroachment agreement. A land owner
seeking an encroachment agreement shall submit an application to the Authority along with the
applicable fee, and shall show the special topographical conditions which warrant an encroachment
into the public ROW and show that there will be no interference with the public use and enjoyment or
access from such encroachment.

While the Encroachment Permit regulations recognize that special and unusual conditions may justify
the installation, use, or operation of encroachments upon public property, public ROW and public
property are important resources held by the Authority for the benefit of the public and not for the
privatization of the ROW fronting one's property.

The strategy for removing the temporary intrusions and rehabilitating the permanent encroachments
such as concrete structures is an important aspect of ROW management. The procedure for both
varies at different levels from planning to execution as they deal with legal hurdles.

An encroachment permit shall not be granted when any of the following conditions are present:

• GMDA has a planned project in the adopted notified area to utilize the portion of the ROW in
which the encroachment is proposed;
• The proposed encroachment would create an immediate sight distance obstruction at
intersections, or, if in the case of flora, could reasonably grow into a sight distance obstruction
or other obstruction;

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• Utility lines near the proposed obstruction would render the maintenance of the utility lines
more difficult;
• The proposed encroachment is not compatible with the surrounding neighbourhood as
determined by the director of planning and community development;
• The proposed encroachment would create a public nuisance;
• The proposed encroachment would create a safety hazard to motorists, bicyclists, or
pedestrians;
• The proposed encroachment would obstruct the maintenance of public roads, shoulders,
and/or stormwater systems or otherwise increase the cost to maintain improvements.

5.4.1. Types of encroachments

As per the study, the encroachments on the urban roads are of various types which are explained
below.

• Encroachment by Construction on the roads - As per the rules in India, the roads must have at
least 9 metres ROW for various activities but unauthorized construction of chhaja and other
projections reduces the right of width. There can be encroachment by roadside religious
structures included in this category.
• Encroachment by Parking and Auto Stands – An unauthorized auto stand not only creates
problems in traffic movement but also causes hindrance in pedestrian movement. Most of the
road accidents are because by hindrances in pedestrian movement. Uncontrolled parking also
causes a hindrance in traffic movement.
• Encroachment by Shopkeepers/Hawkers/Vendors – In a commercial road most of the shops
encroach the road for their advertisements, entry gates, doors, etc. resulting in reduced ROW.
Unauthorized vendors can be seen nearby most public buildings in India, causing reduced
ROW and hindrance in traffic and pedestrian movement.
• Encroachment by Objects and Gardens– Objects such as boards, hoardings, walls, gates
above the allowable limits and private gardens/parks on public ROW are considered
encroachments.

The entire list of encroachments is listed in Section 6.3.5, Table 5.

5.4.2. Legal Support

The law applies to encroachment as that trespassing on private land. Trespass is an offence under
Section 442 of the Indian Penal Code as well as the Law of Torts.

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Trespass is of three kinds –

• Of person (when the rightful owner is restricted from doing what he could previously do),
• Of possession (when a person disturbs the rightful owner by using the movable property of
the owner)
• Of property or land.

The judiciary may decide to pass an order of injunction to either stop or restrain the encroacher. This
could be temporary or permanent. The Court may also ask the encroacher to give the damages or in
other words compensation for the encroachment. This is calculated on the present value of the land
and estimating the proportion of loss caused. If you see an encroachment and want to proceed the
legal way, you should approach the court for an order of injunction as per Order 39 (rules 1, 2 and 3)
and claim the damages.

5.4.3. Conflicts & Priorities

Encroachment and easement are two different terms and should not be confused with each other. An
easement is the right of the owner of a property over the use of its neighbour’s property. Easements
are agreed upon by both parties and compensation is often involved, whereas encroachment is
unauthorized use of the neighbour’s property.

Encroachment Easements are used to rectify encroachment problems. In some cases, they are
“anticipatory” in advance of development to permit minor encroachments over property boundaries.
If an encroachment exists, an encroachment easement allows the encroachment to remain, subject
to the limitations contained in the easement.

5.5. Access Rights

Access rights are depended on the land ownership, land use and type of buildings or components it
possesses. A public ROW is a combination of ownership by public authority, transportation as land
use and roads, flyover, footpath, cycle track, etc. as structures. When land use and components
change, the utility also differs but remains public. Access rights vary from complete access to
moderate in the case of public ownership, whereas they are moderate to limited access for privately
owned properties.

5.5.1. Public Properties

Access rights on public properties may be categorized into three levels. Access to public ROW, first
and foremost, is everyone’s right regardless of the mode of access, time and duration. However, it
terminates where one’s right violates or intrudes on the rights and privacy of another individual or the

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public authority itself. Land uses such as roads, highways, parks, etc. fall in this category. On the
second level, access rights are unrestricted but with restraint on time and context on properties such
as public universities, schools and offices. The third and the last level applies to a few public
properties, lawfully non-public, such as airports and sea ports. No access rights are applicable without
having authorization in the form of a letter, a valid ticket or proof of unlimited access. Access without
such documents will be considered a trespass.

5.5.2. Private Properties

Private Property Rights allow people to fully own and employ their assets, land and resources—without
interference from the government or any other entity or individual(s). A citizen’s right to own private
property is a human right. The state cannot take possession of it without following due procedure and
authority of law. For example, the Bench referred to an earlier verdict in the State of Haryana v. Mukesh
Kumar case (2011) wherein it was held that the right to property is not only a constitutional or statutory
right but also a human right.

5.6. Rights of Stakeholders

Stakeholder rights include all provisions given for the concerned Department or public enterprise or
private local agencies to construct/maintain/operate their ROW components. It also consists of rights
reserved for the property owners, RWAs and general citizens in terms of their mobility and
accessibility on a public ROW.

5.6.1. Local Agencies

Local agencies are reserved with all provisional rights in the management, construction, maintenance
and operation of the respective component on the public ROW. They are given in the form of permits
from GMDA or/and the respective Authority/Ministry/Department. It can be permanent or temporary
based on the nature of the ROW assigned to them.

5.6.2. Property Owners & Citizens

The rights of property owners and citizens fall in the category of tertiary rights as explained in the next
chapter.

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6. MECHANISM, PROCEDURE AND MANAGEMENT

6.1. Current Provisions

In the current scenario, ROW provisions are regulated by the Authority, where GMDA and MCG provide
the back-end and front-end services. While roadway components are fully regulated based on the road
hierarchy and development plans in the past, the utilities and communication are not allotted
permanent ROW for operation and maintenance. The provisions vary from place to place depending
on the permits issued during the installation. They were deliberated to satisfy the requirements. Most
of the utilities were allotted along the green belt or footpath, whereas some of them still run below the
carriageway.

6.1.1. Mobility Related

The roads under the study, with 4-lane or 6-lane or 8-lanes, have predominantly permanent ROW/
carriageway provisions. Each lane corresponds to 3.0–3.5 metres in width. Carriageways are
generally dedicated for vehicular traffic, however, often encroached by unauthorized parking and
informal sector. Such violations are controlled by the traffic police.

The ROW allocations for pedestrians and cyclists are limited due to the land unavailability, priority for
motor traffic and encroachments. Less than 50% of roads are supplied with standard footpaths (width
1.8 metres or more), while 2% of roads have dedicated cycle tracks (width 2.0 metres or more). The
footpath and cycle tracks, wherever provided, witness encroachments from vending zones (informal
sector), motor traffic (2-wheelers) and parking. There are instances where footpaths and cycle tracks
are intruded by private land owners for unpermitted gardens, construction of permanent concrete
structures, gates and other temporary objects for access control and surveillance.

The green belt allocation is commonly specified on the median and besides a footpath or cycle track
if provided. The Median for a 30-metre wide public ROW ranges from 1.0 to 3.0 metres and the
minimum width for the dedicated green belt is 1.5 metres. Encroachments are evident on the green
belt from all other components except motor traffic. Parking and pedestrians are the most common
temporary encroachers where their provisions are limited or encroached by others.

In the GMUC area, transit ROW is being used by metro services as well as bus transport. While public
ROW for metro is fully allocated and free from encroachments, bus stops and related infrastructure
lack mandatory ROW provisions. They are frequently been utilized by the informal sector and
temporary parking provisions for para-transit services.

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Although on-street parking provisions are inadequate in the GMUC area, the majority of the violations
are related to unauthorized parking in the context of the current guidelines. It is anticipated that the
violations will gradually be declined with the regularisation of additional demand-based on-street
parking areas.

6.1.2. Utility Related

There are no applicable standards or rules related to the provisions and allocations of utilities and
communication ducts in the public ROW. No dedicated corridor or space is provided for any of the
components.

According to the existing water supply network of GMDA, ducts are laid on one side of the road except
for a few sections. The intention is to avoid the contamination of water if the ducts come in contact
with damaged drains or sewers. The depth of water supply lines varies from place to place depending
on the slope of the corridor. The standard minimum depth given by GMDA is 3.0 metres. Similarly,
sewer lines are, in general, laid on the opposite side of the water supply line having a depth greater
than 3.0 metres.

Low transmission electric lines are fully part of the public ROW, whereas private ROW may be
purchased or leased for high tension lines. It is recommended to opt for overhead high tension lines
in the notified area due to their better lifetime, low environmental impacts, low installation and
maintenance costs (5-10 times lower than underground) and other in-line challenges. On the other
hand, the underground system has a few advantages in terms of safety and aesthetic value. Therefore,
overhead high tension should be preferred except for two circumstances. Firstly, ROW with an existing
or proposed dedicated underground utility corridor must integrate an underground system. The
second scenario involves where electric poles could not be erected due to higher population density
or geographical constraints.

For utilization of Optical Fiber cables in the wide area network so as to connect CCTV locations/Govt.
buildings/police stations/bus stop/markets/ park / other important locations etc. in a ring
configuration and provide ultimate connectivity with Integrated Command and Control Centre (ICCC)
there shall be a requirement of setting up of data traffic aggregation nodes. GMDA has already set up
10 such data traffic aggregation nodes and these are fully functional. For the future requirements of
data traffic aggregation nodes, GMDA should set up more nodes and integrate them into the system.
However, in addition to expanding their own capacity, private service providers should also be
encouraged the gross capacity augmentation. As per the records and out of 953 km, only 400 km of

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cable had been laid and CCTV Cameras are provided. The remaining length should be planned for
laying ducts and O.

6.1.3. Existing Cross Sections

The study area has several categories in the cross sections for the allocation of public ROW. The
majority of arterials and sub-arterials have a 6-lane carriageway irrespective of the ROW width. For 30
metres wide roads, consuming 70% (21 metres) of the available public ROW for motor traffic is not
ideal. In such cases, recommended carriageway width is 14 metres or 4 lanes or a width not greater
than 50% of the public ROW. This will enable equal or greater priority and safety for pedestrians and
cyclists (non-motorised traffic). Existing cross sections are shown below.

Figure 23: Existing Cross section 30 m ROW (Old Gurgaon Road)

Figure 24: Existing Cross section 30 m ROW (St. Thomas Marg)

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Figure 25: Existing Cross section 45 m ROW (M.F. Hussain Road)

Figure 26: Existing Cross section 45 m ROW (Netaji Road)

Figure 27: Existing Cross section 50 m ROW (Sohna Road)

Figure 28: Existing Cross section 50 m ROW (Old Gurugram Road)

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6.2. Components & Functions

Public ROW is comprehensively represented in two classifications based on their spatial distribution;
mobility and utility-related factors. However, there are a few exceptions such as tunnels, overhead
water pipelines, transmissions, etc. that may or may not be a part of public ROW.

Mobility components are generally above-the-ground features dedicated to the free movement of
people, goods and services along with their facilitators. It comprises the footpath, cycle track,
carriageway, transit, parking and green zone. Green zones are part of mobility corridors with an
objective to facilitate the environment. The transit component may be part of a dedicated corridor
that runs at grade, overhead or underground, whereas transit stations and bus stops location-specific
sections of a transit system.

On the other hand, all the underground services make the utility component of public ROW. In the
current scenario, the public ROW is governed by the impression of mobility components only. The
ROW provisions for utilities, in most cases, are given low priorities in the construction as well as
operations. The components include water supply, waste water drainage, solid waste sewers, gas line,
electricity and communication. Out of these, communication ducts are often given private or
temporary ROW due to the diversity of its sub-components as well as frequent up-gradation
requirements. Communication is reclassified in three sections; land line, optic fibre cables (OFC) and
5G infrastructure. While the landline is currently one of the replaceable constituents, OFCs are mostly
dealing with long-distance telecommunication and the transmission of bulk data. The maximum ROW
provisions for communication ducts are permitted for OFCs owing to the current market demands. In
future, provisions for 5G networks and related infrastructure may be prioritized.

Figure 29 is a pictorial representation of public ROW and its components.

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Figure 29: Public Right-of-way components

6.2.1. Mobility Components

As explained above, mobility ranges from individual non-motorized movement to high-speed and high-
frequency motorised travel. The allocation and provisions of ROW explicitly correspond to the actual
priorities and requirements of an efficient and sustainable network. The components are detailed in
the following sub-sections with respect to the standard ROW allocations and provisions.
Recommended provisions on each component, in terms of utilities, are highlighted along with optional
provisions wherever applicable. The study also flagged the existing unauthorized provisions or
probable encroachments from other ROW components.

6.2.1.1. Carriageway (Roadway)

A carriageway or roadway consumes the maximum share of the mobility-related ROW owing to the
utility of components. An urban roadway accommodates a 4-lane or 6-lane or 8-lane carriageway that
associates to 14 – 28 metres wide. For a 30-metres wide public ROW, the roadway can house a
maximum width of 18 metres or a 6-lane carriageway (3 metres each) or 4-lane carriageway with
additional paved shoulders. A roadway also has physical components such as zebra crossings and
cycle crossings, which correspond to a carriageway only if there is a green traffic signal. Wherever
there are no signals installed on any road intersection or midblock, priority ROW is given to pedestrians
and cyclists over motorists.

ROW provisions on the roadway are accessible only for communication and sewerage ducts if
required due to unavailability of space and also with necessary permits. Encroachments over parking,

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stations and bus stops are permissible under certain conditions, while all other encroachments are
illegal and unpermitted under any circumstances.

Figure 30 represents the ROW provisions and potential encroachments for carriageways.

Figure 30: Roadway (carriageway) ROW provisions and potential encroachments

6.2.1.2. Footpath

According to IRC 103-2012, the minimum width of a footpath is 1.80 metres irrespective of the
pedestrian demand. Although it is merely applicable for residential land uses, the document
recommends a 2.50–4.00 metres wide footpath near commercial/mixed use or high-intensity
commercial zones. The width of a footpath is often misunderstood as ‘the overall width’, whereas it
is represented as the ‘clear walking distance between two kerb stones if there are any’. Zebra crossing
is considered an integral part of the footpath where there is a green signal for pedestrians. As
mentioned earlier, pedestrians must be provided primary ROW for crossings on signal-free
intersections and midblock locations.

Footpath offers mandatory ROW provisions for wastewater drain (closed), gas and electric lines. In
addition to that, water supply and communication ducts may be permitted under the restricted
scenario. However, it requires necessary permits approved by the concerned authority. Frequent
encroachments and violations are seen from unauthorized parking and as an extension of the
carriageway for two-wheelers. Bus stops and bays, sometimes, hinder the footpaths without the
provision of continuity and standard minimum width. Due to these circumstances, footpaths are
virtually seen on the carriageway or the last lane of the carriageway.

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Figure 31 shows the ROW provisions and potential encroachments for footpath.

Figure 31: Footpath ROW provisions and potential encroachments

6.2.1.3. Cycle Track

The minimum width of a cycle track is 2.20 metres, according to IRC 11-2015, though the desirable
lane width on an arterial or sub-arterial road is 2.50–4.00 metres. Apart from that, collector roads may
have a cycle lane of the width of 1.20 metres adjacent to the last lane of the carriageway if there is a
ROW width restriction. As the study covers roads with a public ROW of 30 metres or more, it is not
applicable. Hence, all roads (under this study) must have a mandatory 2.20 metres wide cycle track.
Similar to the case of the footpath, the width of a cycle track may be defined as the ‘clear cycling
distance between two kerb stones if there are any’. Cycle crossing on the roadway is also a part of
the cycle track where there is a green signal for cyclists. They must be provided primary ROW for
crossings on signal-free intersections and midblock locations along with pedestrians.

Cycle tracks may provide ROW provisions for water supply, wastewater drain (closed), sewers and
communication ducts if no provisions are available at other components. However, it requires
necessary permits approved by the concerned authority. Frequent encroachments and violations are
seen from unauthorized parking and as an extension of the carriageway for two-wheelers. Bus stops
and bays, sometimes, hinder the footpaths without the provision of continuity and standard minimum
width. Due to these circumstances, footpaths are virtually seen on the carriageway or the last lane of
the carriageway.

Figure 32 denotes the ROW provisions and potential encroachments for cycle tracks.

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Figure 32: Cycle track ROW provisions and potential encroachments

6.2.1.4. Green Zone

A green zone may be an empty strip of land, a line of trees and shrubs, or a soft landscape laid along
the roads on one or either side to serve multiple purposes. These include air quality, visual quality
sound barrier, protection of non-motorized traffic and accommodation of utilities. They exist in three
different forms. Trees are the most common green zone that not only satisfies the above-mentioned
purposes but also adds environmental benefits to the corridor. There are no specific guidelines, either
in IRC or development plans, on the mandatory space provisions for the green zone on the public
ROW. In order to protect the trees and vegetation, it is mandatory to provide a minimum of 1.50 metres
for the green zone if there is a tree or a line of trees. Soft landscape can also be provided on the green
zone to segregate two components or to keep for future use. Barren and empty land strips on public
ROW are also categorized in the green zone.

Green zones are the pre-requisite ROW provisions for water supply, sewers and communication ducts,
in addition to the alternative requirements for waste water drain, gas and electric lines if no provisions
are available at other components. For the green zone, necessary permits are required from the
concerned authority for all types of ROW provisions, including mandatory and optional. The permits
may be declined if the trees are a part of heritage or an endangered species or have a very high
monetary value. Encroachments are generally evident from unauthorized parking. Cyclists and
pedestrians occasionally use green zone, which may cause no serious threat to the vegetation.

Figure 33 shows the ROW provisions and potential encroachments for green zones.

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Figure 33: Green zone ROW provisions and potential encroachments

6.2.1.5. Mass Transit

The ‘Transit’ component refers to a set of several elements/facilities used by the public transport
network. This includes a metro corridor, metro stations, bus stops, bus lanes, etc. Since Indian
Railways and Suburban Railways operate on separate ROW, they are not included in the ‘Transit’
component. Thus, the current scope of work is focused on metro and bus networks in/on the public
ROW. The network standards vary from place to place based on the nature of the corridor. It also has
a permanent ROW character that restricts further provisional allocation of its ROW other than a few
exceptions.

Transit does not provide mandatory ROW provisions for any utility components. Whereas, it could
supply an optional provision for certain communication sub-components such as 5G cells, network
boosters, towers, etc. Permits and NOCs are issued from respective transit authorities if a permanent
ROW is allotted.

Figure 34 represents the ROW provisions and potential encroachments for transit facilities.

6.2.1.5.1. Dedicated Corridors

Dedicated corridors typically correspond to the metro network, while the provisions of bus lanes or
Bus Rapid Transit (BRT) are limited in the notified area. Metro corridors usually have at-grade,
overhead and underground systems, where the existing and the future network (CMMP 2020) in the
GMUC completely run over the ground that requires 1.50–2.00 metres on median and/or green zone.

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On the other hand, at-grade and underground tunnels need a 6.00–7.00 metres wide permanent ROW
to be operational. Bus lanes, if allotted, are 3.00–3.50 metres wide shared space or the left-most lane
on the carriageway, where the priority is always given to buses except at the crossings. GMUC does
not have any dedicated bus lanes as of 2021.

The ROW provisions for dedicated corridors do not comply with the requirements. There are, however,
provisions for street elements such as lights and related electric fixtures, provided necessary permits
and NOCs. Encroachments from the parking and carriageway hinder the bus network. But the metro
network is mostly secure from encroachments.

6.2.1.5.2. Metro Stations & Bus Stops

Similar to the dedicated corridors, metro stations have permanent ROW provisions and bus stops do
not. The allocation should not exceed the remaining ROW beyond the allocation for components like
a footpath, cycle track, carriageway/service road and green zone. In such cases, private ROW may be
purchased.

Metro stations and bus stops could issue ROW provisions for a communication system, wherever
necessary. In future, 5G infrastructure may be associated with ROW provisions of metro stations or
bus stops if permits can be issued. Encroachments on the footpath, cycle track and green zone may
happen due to the unplanned ROW allocations. Figure 34 shows the ROW provisions and potential
encroachments for parking.

Figure 34: Mass Transit ROW provisions and potential encroachments

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6.2.1.6. Parking

Since the parking does not fall on the mandatory ROW provisions on a public ROW by guidelines, all
violations and encroachments related to parking are unidirectional. Parking allocation may have
become collateral damage of the violations in land use management and building bye-law. In spite of
that, parking demand management does not conform to both on-street and off-street parking
requirements. The parking lane needs to be a part of the carriageway based on the respective land
use. An area-based parking regulation plan is required to effectively manage the ROW provisions for
parking.

Parking does not provide mandatory ROW provisions for any utility components. Similar to transit
stations and bus stops, it could supply an optional provision for communication sub-components
such as 5G cells, network boosters, towers, etc. Permits and NOCs are issued from respective transit
authorities if a permanent ROW is allotted. Due to the lack of primary allocation of parking facilities, it
encroaches on all other components. Key violations are visible on the green zone, footpath and
carriageway.

Figure 35 shows the ROW provisions and potential encroachments for parking.

Figure 35: Parking ROW provisions and potential encroachments

A comprehensive list of sub-components not mentioned in the above figures is itemised in Table 4.

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Table 4: The ROW provisions and potential encroachments of sub-components over different primary components

Right-of-way Provisions
S.N. Sub-Components Key Component/s
Roadway Transit Footpath Cycle Track Parking Green Zone

1 Vehicle Lanes Roadway P NP NP NP W-P NP

2 Zebra Crossing Roadway, Footpath P NP P PR W-P PR
3 Cycle Crossing Roadway, Cycle Track P NP PR P W-P PR
4 Access Road/Driveway Roadway, Footpath, Cycle Track NA NP PR PR W-P PR
5 Median Roadway, Green Zone P P NA NA NA P
6 Bus Lane Roadway, Transit P P NP NP W-P W-P
7 Bus Lay-by Transit P P NP NP W-P W-P
8 Bus Stop Transit P P W-P W-P W-P W-P
9 Metro Station Transit W-P P W-P W-P W-P W-P
10 LRT/MRT Line Transit W-P P W-P W-P W-P W-P
11 Terminal Transit W-P P W-P W-P W-P W-P
12 Interchange Transit W-P P W-P W-P W-P W-P
13 Footpath/Walkway Footpath NP NP P PR P PR
14 Kerb Ramp Footpath NP NP P PR P PR
Footpath, Cycle Track, Green
15 Refuge Island P NA NA NA NA P
Zone
16 Multi-utility Zone Footpath, Cycle Track, Parking NP NP PR PR P W-P
17 Cycle Track Cycle Track NP NP NP P P W-P
18 Cycle Lane Cycle Track P NP NP P P NP
19 NMT Lane Cycle Track P NP NP P P NP

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Right-of-way Provisions
S.N. Sub-Components Key Component/s
Roadway Transit Footpath Cycle Track Parking Green Zone
Parking Lane (On-
20 Parking W-P NP NP NP P NP
street)
21 Parking Area/Zone Parking NP NP NP NP P NP
22 Green Strip Green Zone P NP NP NP P P
23 Buffer Zone Green Zone NP NP NP NP W-P P
24 Boulevard Green Zone NP NP NP NP W-P P
25 Landscape Green Zone NP NP NP NP W-P P

P (Permitted) – ROW provision is allowed on the specific component

NP (Not Permitted) – ROW provision is NOT allowed with or without permits on the specific component
PR (Provisional Rights) – Provisional rights are allowed on the specific component, however, ownership is not transferred
NA (Not Applicable) – ROW provision is NOT applicable on the specific component
W-P (With Permits) – ROW provision is Allowed with applicable PERMITS by the Authority

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6.2.2. Utility Components

The key six components of utility-based ROW are interlinked with that of mobility. The existing utility
provisions were laid out randomly with respect to the prevailing availability of space and area. A
complete revamp of utilities will not be practical on a pan region level. However, the systems with
extremely low capacity to cater to existing and future needs are to be replaced. In such cases, ROW
allocations and provisions will be followed as per the recommendations. Permits are essential for all
the provisions on the green zone, footpath, cycle track and carriageway.

6.2.2.1. Water Supply

Water supply lines in GMUC typically follow dead-end distribution as well as a gridiron system at
1000–1200 mm depth. The supply follows an intermittent distribution system due to the low
availability of water in the region. The main lines are not laid down on either side of the road such that
they don’t mix with the solid waste line. Refer to Figure 36 for a sample existing water supply plan in
sectors 52-63.

Figure 36: Existing water supply network (part plan) Source: GMDA

As per the GMDA infrastructure management procedure, the ROW preference for water supply falls in
the green zone. In case of the unavailability of the green zone, the next feasible component, footpath
or carriageway, is considered. According to the proposed priority of ROW allocation, the green zone
accommodates the water supply line, followed by a footpath and cycle track. The second priority is
chosen only where the green zone has a depth restriction due to thick tree cover and vegetation (figure
37).

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Figure 37: Priority of ROW provisions for water supply

6.2.2.2. Sewerage

Sewerage is the key utility issue in GMUC after wastewater/stormwater drainage, which is inadequate
and far beyond the required capacity. As several new plants are being installed for recycling, the
network efficiency will gradually increase in the coming years.

In terms of allocation of ROW and resources, the green zone gives the primary provision in the existing
and proposed conditions. The unavailability of the green zone for sewer provision may lead to taking
up the carriageway or shoulders. In the proposed priority of allocation, a cycle track will be considered
the second viable option for ROW provision before opting for carriageway/shoulders (figure 38).

Figure 38: Priority of ROW provisions for sewerage

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6.2.2.3. Drainage

In the GMUC area, drainage can be seen as the most important aspect of ROW management with
respect to the extent of refurbishment. In contract to the sewer or water supply mains, drains are
required on either side of the roads irrespective of the road/ROW width. The issues with the drainage
system range from the source to the main drains, which are Najafgarh Drain, Badshahpur Lake and
Ghata Lake. The rise in the water bed due to dumping of wastes and poor maintenance in recent years
caused a subsequent increase in the floodplain. It has also resulted in the slow runoff in the existing
drains, although their capacity is below the current demand.

At present, drains on the major roads are either aligned on the edge of the main carriageway or
completely segregated on the green zone near the ROW boundary. As per the proposed drainage
system, allocation may be done on the footpath (both sides) towards the carriageway side so that the
stormwater on the pavement drains out efficiently. It also applies to the low hierarchy roads with less
than 30 metres. The minor drains from the abutting land use shall be connected to this main line
through the access road/driveway. However, ROW provisions can be utilized from the green zone and
cycle track as a second and third priority respectively, in case of unavailability (figure 39).

Figure 39: Priority of ROW provisions for drainage

6.2.2.4. Piped Gas Line

GMUC area does not have an extensive piped gas line as most of the households depend on cylinder-
based delivery. The agency ‘Haryana City Gas Distribution Pvt. Ltd. (HCG)’ supplies piped gas to more
than 12000 households and 80 industries and commercial enterprises with its 160 km long network

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as per the company (figure 40). The network is primarily concentrated in the sectors towards the
South of NH – 48. IGL also started its operations in 2017.

Figure 40: Map of piped gas distribution in GMUC area (Source: HCG)

Proposed ROW allocations are available at the footpath, with an optional provision from the green
zone if required (figure 41).

Figure 41: Priority of ROW provisions for gas line

6.2.2.5. Electricity

The majority of the new sectors in GMUC have underground electric lines. The agency Dakshin
Haryana Bijli Vitran Nigam (DHBVN) is an undertaking of the Haryana Government. The existing

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overhead electric lines are physically accommodated by either carriageway or footpath. This
eventually reduces the effective operational capacity of both. All electric lines must be laid
underground for safety, security and transmission losses. Other elements such as transformers and
sub-stations have a separate allocation of resources.

Similar to the piped gas line, proposed ROW allocations for electric lines are available at the ROW of
the footpath, with an optional provision from the green zone if required. On the other hand, provisions
for existing transformers within the ROW may be primarily assumed in the green zone since they are
not installed underground.

In the case of high tension electric lines, allocation of ROW is beyond the scope of work in this study.
However, the available ROW must accommodate or restrict the high tension lines if required based on
the applicable legislative controls. It is recommended to integrate the underground high tension with
an existing or proposed dedicated utility corridor on public ROW with 60 metres or above. In the
absence of such facilities, overhead may be preferred to reduce installation and maintenance costs.
The recommendation also includes the priority to underground lines through a densely populated area
if obligatory. Overhead high tension may require allocation of an additional private ROW from the
Authority (figure 42).

Figure 42: Priority of ROW provisions for water supply

6.2.2.6. Communication

Telecommunication has several sub-components in the current context due to the advent of private
players and healthy competition in the sector. They are principally categorized in terms of the timeline
of technology. Landline used to be the foremost sub-component of communication, based on radio
waves, before the introduction of broadband. The current broadband networks predominantly use

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OFC as the communication mechanism, whereas the 5th generation or (5G) is focused on a broadband
cellular network and it requires an extensive network, likely to be spread over public ROW (figure 43).

The Green zone accommodates the key ROW provision for communication ducts. Trees must not be
planted at 1.5 meters from each other. A list of indigenous species which have higher
environmental/heritage value is attached in Annexure II. Alternate allocations may be carried out in
ROWs of footpath, carriageway and cycle track if the green zone is unavailable or overloaded. Usage
of parking ROW for 5G infrastructure is explained in the respective sub-section.

Figure 43: Priority of ROW provisions for communication

6.2.2.6.1. Land Line

ROW provisions for a landline are irrelevant as they are not being installed anymore. In the case of
allocation of space, one of the existing ducts in the green zone may be utilized. Up gradation of
landline may be considered only where there are no other alternative networks.

6.2.2.6.2. Optic Fibre Cables

There are many stakeholders or internet service providers (ISP) in the GMUC area such as BSNL, Airtel,
Tikona, Timbal, etc. The existing OFC line normally follows the footpath of the road except where it
may have to come to the edge of the carriageway when cutting across the road. However, the
proposed allocation will be provided in the green zone followed by a cycle track, footpath and
carriageway at various priorities. Carriageway here refers to the elements like median or shoulders if
any.

The ROW guidelines for laying OFC and allocation of space for towers shall continue to be governed
by the Haryana Government Gazette notification 2017 and will follow the subsequent amendments
issued from time to time. The provision for all communication ducts are given as a shared ROW, where

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all private entities can operate their services with permanent access to their assets through
designated man-holes or inspection chamber.

6.2.2.6.3. 5-G Infrastructure

As per the 5G infrastructure, the network necessitates frequent cell towers for a smaller geographical
region. This necessitates the public ROW to allocate operational rights to these cell towers despite
the existing wire-based network. The allocation could be ‘a dedicated space’ for towers or even
associated with streetlights. In case of larger space requirements for installation, provisions may be
issued in the Green Zone or ROW of parking. Allocation of space for setting up of cell towers will be
required with Optical Fiber connectivity so that the 5-G Infrastructure shall support and use cases with
high data rates with almost zero latency.

6.3. Procedure and Management

This section specifies the detailed procedure for the allocation, provision and management of various
rights-of-way, land ownership, easements, property access, encroachments and permits. Rights of
way may be understood as a combination of the right to mobility, right to services and individual right
to the enjoyment of spaces. These rights conflict with land or property ownership in several instances.
There are also conflicts between ownership and easements, while access management invites
several issues related to ownership and encroachments. The application of permits will resolve the
conflicts through temporary and permanent provisions and ensure legally withstanding solutions.

6.3.1. Ownership

Ownership is a determining factor in the decision-making process over conflicts among various rights
on components. Generally, the complete public ROW is owned by the Authority except for a few
reasons. Any ROW provisions on such components/elements require additional permits and NOC
from the respective authorities.

The ROW assigned for the rail-based mass transit system is owned and operated by either DMRC or
HMRTC. Apart from that, the public ROW passing through a defence zone, environmentally sensitive
areas such as forests, marshy land, etc. and mining and industries require additional permits from the
corresponding Ministries or departments concerned. Furthermore, felling or relocation of trees within
green zone having a heritage/historic value need approval from the Central Government.

Land ownership has limitations on a shared ROW, where user/driver/rider rights become the higher
priority. Ownership of access roads, easements and encroachments are explained in 6.3.3, 6.3.4 and
6.3.5.

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6.3.2. Rights-of-way

Management of various rights-of-way is exercised in a hierarchical methodology. Thus, these rights

are categorized into priority-wise pyramids. They are classified as primary, secondary and tertiary
rights on a public ROW. While the primary rights include green zone and mobility components like
roadway, footpath, cycle track, etc., secondary rights are utility-related components such as water
supply, drainage, sewerage, electric, gas and communication ducts. Tertiary rights consist of access
to private ROW, essential easements, right to free space and air and conditional encroachments. The
Rights-of-way hierarchy is described pictorially as a pyramid in Figure 44.

Figure 44: Rights-of-way pyramid

6.3.2.1. Primary Rights

Among the other components of primary rights, pedestrians enjoy the maximum rights over their
mobility, particularly on a roadway crossing where no traffic signals are provided. Cyclists have the
second priority in mobility, as pedestrians have more advantages over cyclists in a shared space for
both. The next priority over primary rights is reserved for a green zone. According to the hierarchy,
ROW modifications on the green zone are allowed for footpath and cycle track only if the standards
of a green zone are not violated. For example, in a conflict between a pedestrian and a cyclist over a
green zone or shared space or even crossing facilities, the former will be handed the preference.

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The second part of primary rights includes all motorized or vehicular mobility components. Mass
transit is the most preferred component with rights over other modes of vehicular transport. Here, rail-
based mass transit exercises higher authority over road-based in terms of rights if there is a conflict
between both. It is preceded by the roadway traffic that uses the carriageway as the medium.
However, road-based mass transit modes have equal rights over carriageways (lanes). On the other
hand, no vehicle is allowed to use the ROW reserved for bus lanes, BRT lanes, stations and bus stops.
Exceptions are allowed only for emergency services at any point in time. The final component that
enjoys primary rights is parking. Parking on all components above the hierarchy is illegal and
unauthorized. Parking rights can only be exercised on dedicated parking facilities such as on-street
parking lanes and off-street parking spaces. For example, if any conflicts exist between a legally
parked vehicle and a moving vehicle on the carriageway, the latter gets the priority.

PROCEDURE

• The ROW allocation for a specific component is a responsibility vested in Authority and the
respective agency/department must exercise their rights to have an optimum allocation.
• There are no requirements of a permit for any component to use its primary rights unless no
ROW is allotted.
• In case of a conflict between the green zone and footpath or cycle track subjective to heritage
and protection of species, permits are issued from the MoEFCC.

6.3.2.2. Secondary Rights

The components in the secondary rights require a ‘Permit’, temporary or permanent, over a component
having primary rights except for a ‘dedicated utility corridor’ or ‘utility tunnel’. Utility tunnels are
constructed permanently for an integrated operation, maintenance and management of services.
They are exempted from secondary rights and permits. They are also essential components for public
ROW of width 60 metres or above. National Highways and important arterials may be considered for
utility tunnels. For others, the conditions of secondary rights are applicable.

Upon the allocation of permanent ROW for components having secondary rights, a temporary permit
must be issued by the concerned Authority, provided they do not fall under a utility tunnel. Among the
utility components, water supply becomes the decisive preference in the hierarchy having ROW
provisions from the Green zone or footpath or cycle track.

The second priority components include waste/storm water drainage and sewerage. While drainage
channels/ducts are categorically placed on both outer edges of the carriageway, the sewer main is
given default ROW provisions on the green zone. As per the current practices, the sewer line is laid

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away from the water supply line, preferably on the opposite side of the roadway, where priority is set
to the water supply. Electric and gas lines find the subsequent precedence among utility components.
Their principal ROW provisions belong to a footpath with optional requirements on the green zone.
The procedure for obtaining the permits is explained below.

PROCEDURE

• As per the secondary rights, a temporary permit may be issued with a specific scope of work
and time duration from the Authority.
• Scope of work in the application (through the portal) must confirm all the details related to the
location/length/area of the particulars.
• All civil works related to construction, maintenance or repair must be completed within the
stipulated time including the disruptions to the respective primary component (green zone or
footpath, or cycle track or carriageway).
• Permits may be extended for valid reasons pertaining to the maintenance of disrupted primary
components only.
• Penalties shall be levied on any violation of scope of work or timely completion

6.3.2.3. Tertiary Rights

Any action on the components asserted with tertiary rights requires a permit from the Authority as
well as respective departments managing one or more components. However, the essential rights
reserved with each component are permanent until and unless it legally exists. These components
comprise access/driveways from carriageway/service roads, easements on private land, spatial
rights on public ROW abutting the property and permissible encroachments.

The key preference in this classification is assigned to property access and driveways. These zones
are generally regarded as shared ROW, where rights are reserved with users/public and ownership
with the Authority. All private or public properties abutting the public ROW deserve the right to have
access or a driveway of width, not more than 6 metres. Permanent and temporary easements will
have the subsequent priority of rights for users as well as the Authority in their utilization (mentioned
in section 5.2). The details of the procedure and management of easements are available in section
6.3.3. Permissible encroachments such as kiosks, boards, hoardings, street furniture, etc. will have
restricted permits, provided no user rights violation. No construction, maintenance, laying, carpeting,
planting, etc. will be encouraged on these components, without prior permission from the Authority.
The details of these three components are explained in sections 6.3.3, 6.3.4 and 6.3.5.

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The last component is similar to that of easements but not necessarily restricted. Private property
owners have individual rights over the space immediately next to their property so that they enjoy a
clear area in terms of visibility, sanitation and beautification. Elements such as hoardings and boards,
which block the visibility of users/drivers/riders from accessing their property and carriageway, can
be removed. Objects like large waste collection bins, open drains, sewers, etc. are also applicable
under individual rights. Private property owners have the exclusive privileges to have a space with
aesthetic value in front of their property to compliment the building façades. However, these rights
are limited to the extent of the green zone and do not apply to cycle tracks or footpaths.

PROCEDURE

• Spatial rights are default by nature such that all property owners have the liberty to appreciate
them.
• In case of spatial rights violation, a complaint can be registered by the property owner or a
representative of the society in the web portal providing necessary information.
• The Authority will have to rectify the violation or respond to the complaint if no such violations
are found within 30 days from the date of receiving the complaint.

6.3.3. Easements

The easement is the right of an Authority to use the benefits of private property or land without owning
it. The context of an easement varies from place to place as per the typology given in Section 5.2.
Permanent and temporary easements involve a general methodology to be qualified for
consideration. While the process is similar for both, the management of temporary easements differs
from the former since time duration is a significant factor. As long as contexts or conditions such as
slope, drainage, bridges, etc. remain the same, permanent easements are unique and unchanged.

6.3.3.1. Permanent Easements

Generally, permanent easements are issued at the inception of a new road project or a redevelopment
or expansion of the existing roads. Few easements may also be issued or reissued or cancelled upon
the change in the geographical conditions due to natural calamities such as landslides, earthquakes,
etc. For example, slope, drainage, retaining walls and green zone fall in this category.

PROCEDURE

• Based on the construction drawings, the applicable permanent easements for a specific road
section may be identified using the updated public ROW map.

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• Verification of the above is done and conveyed to the Authority by the Chief Engineer for the
easement rights.
• Easement rights may be allowed only if the Chief Engineer could prove the damage to public
ROW without the provision of easement rights using drawings and other evidence.
• A case is made for all such easements along with the proper paperwork and pieces of
evidence.
• If approved, the same is communicated to the property owner/s in written form along with the
justifications.
• Property owners are reserved the right to appeal to the Authority or approach for legal support
in this matter.
• In case of obstruction by the property owner, while exercising the easement rights, the
Authority can request enforcement support.

6.3.3.2. Temporary Easements

On the other hand, temporary easements are valid for a specific period, short to medium, depending
on the scope of work. For example, a construction zone easement may be applicable for one or two
years, while maintenance easements are for a day or two or even a week.

PROCEDURE

• Based on the construction/maintenance drawings/order, the applicable temporary easements

for a specific road section may be identified using the updated public ROW map.
• Verification of the above is done along with the maximum time duration and conveyed to the
Authority by the Chief Engineer / Concerned Personnel for the easement rights.
• Easement rights may be allowed only if the Chief Engineer / Concerned Personnel could prove
the damage to public ROW without the provision of easement rights using the available
drawings and other evidence.
• A case is made for all such easements along with the proper paperwork and evidence.
• The property owner/s are intimated and paid the damages or the inconveniences if necessary
based on the context and time duration of the easements.
• Upon the disagreements in terms of appropriate damages or time duration, legal support may
be requested.
• A temporary easement can be modified or extended or cancelled provided there is a delay or
change in the project timeline.

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In the third category, parking and signage easements are not applicable for a time restriction until they
ceased to exist.

6.3.4. Access Management

Access is the right of a user/resident to enjoy the benefits of a shared ROW without owning it.
Although shared ROW is owned and operated by the Authority, users’/residents’ rights to have one or
more access roads/driveway is irrefutable. It is also Authority’s responsibility to maintain a similar
hard/paved surface (bitumen or concrete or stone) on such access roads. However, user/resident
rights do not include adding or removing or replacing any object or component in the shared ROW
without approval from the Authority. Any violation of the user/resident rights can be raised through
the RWA or the representative of the RWA to the Authority or ROW Management Cell.

Access/driveway management is generally understood in two ways. While the first one addresses
access road from the main carriageway, the second one speaks of access/driveway from the service
roads.

6.3.4.1. Access - Main Carriageway

The access road from the main carriageway is not to be misunderstood with the public access road
diverging from the roadway, which is entirely part of the public ROW. An access road here refers to
the private access road leading to the main carriageway, where there is a missing or no provision of
a service road. In this case, the land beyond the public ROW line is owned by one or a group of
individuals. However, it is not recommended to have access roads or driveways directly from the main
carriageway of roads with a public ROW of 30 metres or more.

Figure 45 shows the example of the access road from the main carriageway. While the South side of
Sector 17/18 Road (45 metres wide public ROW) has a service road, though discontinuous, the north
side does not have a service road. The red portion marked on the map gives the access road where
the user/resident right applies. The right will be unrestricted to the end of the carriageway until a new
service road is constructed on the existing green zone. It enables the user/resident to virtually occupy
or enjoy more part of the public ROW, which is meant to be for the general public.

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Figure 45: Access/driveway from main carriageway (Source: Sector 17/18 Road, Gurugram)

6.3.4.2. Access - Service Road

Access roads or driveways from a service road is safer than the one from the main carriageway. The
lower speeds on service roads are beneficial to traffic on access roads to enter the main carriageway
and vice versa. Driveways from service roads generally cover a small area of shared public ROW
crossing green zone or/and footpath or/and drains.

Figure 46 shows the access/drive on the service road on Sector 17/18 Road. The red area depicts the
part of the driveway on the shared space. The width of the driveway within the public ROW is less than
3 metres to the edge of the road. This type of access option would help users/residents as well as
Authority to optimize their space on public ROW.

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Figure 46: Access/driveway from service road (Source: Sector 17/18 Road, Gurugram)

Several factors determine the design of an access road/driveway. One of the significant aspects is
access width or driveway width, which can range from 3.0 – 6.0 metres based on the demand and
type of land use. While residential land use requires up to 4.0 metres, commercial and industrial
properties may be provided with 6.0 metres wide access road. Secondly, the access road/driveway
must have an appropriate turning radius of 6.0 – 12.0 metres conforming to its access width. Lastly,
the surface of the driveway must mandatorily be at the same level as the service road or main
carriageway. Whenever there is a rise or dip in the carriageway level, the access road surface is also
changed correspondingly. Similarly, the surface of the footpath or cycle track crossing the access
road/driveway should also be kept at the same level. However, surface treatment may be differed as
per the standards.

Figure 47 shows a parallel cross-section of the access road/driveway from a property. Here, the
surface level is on par with the carriageway with a maximum gradient of 1:10 from the green zone,
footpath, cycle track or any other component between the ROW boundary and carriageway. No
permanent or temporary objects or construction or trees or alternate surface treatment is allowed on
access road/driveway without a valid permit from the Authority, except those already exist.

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Figure 47: Cross Section (Parallel) for access/driveway management

Figure 48 indicates the perpendicular cross-section of the access road/driveway. The property owner
/ RWA may change the surface level, if required, only beyond the ROW boundary with an allowable
gradient as per building bye-laws. The surface treatment on the private driveway is the sole
responsibility of the property owner / RWA.

Figure 48: Cross Section (Perpendicular) for access/driveway management

In case of the absence of hard or multi-layered or poorly managed surface on access road/driveway,
users/residents/RWA can file a complaint at the ROW Management Cell. Actions/decisions taken
should not exceed 30 days from the day of filing. Additionally, users/residents/RWA may also request
a permit from the Cell to carry out the maintenance on their own, if there is a delay in the process or

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temporary fund unavailability. Inspections may be conducted to verify the violations and
encroachments on the access road or any other components in such cases.

6.3.5. Encroachments

While most of the encroachments are unauthorized, there are provisions for certain encroachments
in the public ROW allowed for a short-term or long-term period. As per Section 5.4.1, some
encroachments related to street vendors and objects are arguably violating, but not limited to
unauthorized actions. The elements such as kiosks, boards and hoardings may be allowed for a
certain period provided permits are issued by the Authority.

The Authority may choose to decide on locations for local street vendors, kiosks (transferable or fixed)
and food trucks. They must ensure that the locations must have the necessary demand and supply
requirements for the purpose. The permit can be issued for certain time/s of the day, day/s of the
week and week/weeks of the month depending upon a mandatory impact assessment study
conducted by the Authority. The space for vendors, kiosks, shops and trucks must be a dedicated
facility in Multi-Utility Zone (MUZ) or any other space owned by the Authority. All footpaths, cycle
tracks or green zone or utility components must be free from the provisions.

Advertisements in the form of boards and hoardings are allowed on certain roads to generate revenue
by the Authority without blocking the visibility of moving traffic. The specific size and height
restrictions may be applicable w.r.t. IRC 67-2021 standards.

All other encroachments of any kind and material on the public and shared ROW are considered
unlawful acquisitions and recommended to be removed pertaining to the orders from the office of the
District Town Planner (DTP). The potential encroachments in the public ROW components are
explained in Section 6.2.1.

The expenditure incurred / likely to be incurred for the removal of encroachments on the ROW will
apply as per the Government policies.

A comprehensive register of all elements utilized/seen on public ROW, along with the penalty level, is
listed in Table 5.

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Table 5: The list of permissible and unlawful encroachments on Public ROW

Components / Encroachments
Violation
S.N. Elements Category Component/s Cycle Green Cost
Roadway Transit Footpath Parking Level
Track Zone
1 Barricade (Police) Roadway P NP NP NP NP NP Level 1
2 Traffic Circle Enforcement Roadway W-P NA NA NA NA NA Level 1
3 Police Post Green Zone W-P NP NP NP W-P W-P Level 3
4 Traffic Lights R/GZ P NP NP NP NP P Level 2
5 Billboards Green Zone W-P W-P NP NP W-P W-P Level 2
6 Other Boards Green Zone W-P W-P NP NP W-P W-P Level 2
7 Poles (Electric/Ads) Green Zone NP W-P NP NP P P Level 2
8 Signage Green Zone NP NP NP NP P P Level 2
9 Street Lights F/CT/GZ W-P W-P P P P P Level 1
10 Height Barrier Roadway W-P W-P NA NA NA NA Level 3 The Cost of
11 Railings F/CT/GZ NP NP P P P P Level 1 removal of
encroachments
12 Bollards Road F/CT/GZ NP NP P P P P Level 1 and retrieval of
13 Raised Manholes Infrastructure Unauthorized NP NP NP NP NP NP Level 3 ROW to its
14 Pits Unauthorized NP NP W-P W-P NP W-P Level 3 original form will
apply
15 Waste bins Green Zone NP NP NP NP W-P W-P Level 1
16 Open Dump yard Unauthorized NP NP NP NP NP W-P Level 3
17 Debris Unauthorized NP NP NP NP NP W-P Level 3
18 Devices (Ele/Mech) Green Zone NP W-P NP NP W-P W-P Level 2
19 Roadside Reflectors T/GZ P W-P NP NP W-P W-P Level 2
Strings/Wires/Metal
20 Green Zone NP NP NP NP NP W-P Level 2
s
21 Toilets/Buildings Green Zone NP NP NP NP NP W-P Level 3
Built
22 Walls, Steps, etc. Unauthorized NP NP NP NP W-P NP Level 3
Environment
23 Ramps All (except GZ) P P P P P NP Level 1

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Components / Encroachments
Violation
S.N. Elements Category Component/s Cycle Green Cost
Roadway Transit Footpath Parking Level
Track Zone
24 Gates Transit NP P NP W-P W-P NP Level 3
25 Towers (High Mast) Green Zone NP NP NP NP W-P W-P Level 3
26 Transformers Green Zone NP NP NP NP W-P W-P Level 3
Shop Front
27 Unauthorized NA NA NP NP NP NP Level 3
Extensions
28 Doors (Pull) Unauthorized NA NA NP NP NP NP Level 3
29 Vending Machines Green Zone NP NP NP NP W-P W-P Level 3
30 Kiosks Vending Green Zone NP NP NP NP W-P W-P Level 3
31 Temporary Markets R/GZ W-P NP NP NP NP W-P Level 3
32 Shrubs/Bushes P/GZ NP NP NP NP P P Level 1
33 Landscape/Garden P/GZ NP NP NP NP P P Level 1
34 Private Garden Unauthorized NP NP NP NP NP NP Level 3
35 Park Extension Green Zone NP NP NP NP NP P Level 2
36 Trees - Large Landscape All W-P W-P P P P P NA
37 Trees-Small/Medium P/GZ W-P W-P W-P W-P P P Level 2
38 Street Furniture Green Zone NP W-P W-P W-P W-P P Level 2
39 Street Art Green Zone NP W-P W-P W-P W-P P Level 2
40 Urban Design Green Zone NP NP NP NP W-P W-P Level 2
41 Motor Vehicles R/P W-P NP NP NP P NP Level 3
42 Cycles CT/P NP NP NP W-P P P Level 1
Parking
43 Cycle Stands CT/P NP NP NP W-P P P Level 2
44 Food Trucks Green Zone NP NP NP NP W-P W-P Level 3
R – Roadway, F – Footpath, CT – Cycle Track, P – Parking, GZ – Green Zone

P (Permitted) – Encroachment/Provision is Allowed on the specific component

NP (Not Permitted) – Encroachment is NOT Allowed with penalty on the specific component

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Components / Encroachments
Violation
S.N. Elements Category Component/s Cycle Green Cost
Roadway Transit Footpath Parking Level
Track Zone
W-P (With Permits) – Encroachment may be Allowed with applicable PERMITS from the Authority
NA (Not Applicable) – ROW provision or encroachment is NOT applicable on the specific component

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6.3.6. Issue of Permits & Fees

All permits related to temporary/permanent ROW provisions or the purchase of ROW are issued from
the Nodal Agency (Infrastructure I) in consultation with CTP, DTP and other division heads if
necessary. The permit application process, which involves all permits and ROW allocation, is given in
Figure 49. Based on the proposed guidelines, Permit Analyst works directly under the ROW
Administrator and reviews the process of permit application. The existing methodology will be
replaced with the proposed one.

Permits can be classified as short term, medium term and long term depending upon the quantum of
work, duration of work and interaction between various stakeholders. The permit fee and duration to
issue the permit shall be according to the type of permit issued by the authority. Permit fees typically
cover the administration and inspection of pavement cuts. Different type of permit fees is attached in
Annexure II. The utility may be charged a fixed amount for every meter of cut pavement and for every
inspection. Potential elements of the permit fee program are summarized as follows:

• Administration costs may be based on the average cost of processing a permit or on the actual
cost for each project. These costs may be non-refundable, even if a cut of pavement is not
made.
• Inspection costs may be included and could be based on average projected, actual cost or on
the size of the cut areas.
• Performance may be addressed by a deposit or bond to ensure the completion of an adequate
repair. While the deposit or bond will be returned with satisfactory performance a
nonrefundable fee may also be charged to reflect the adverse effect of the cut on the
pavement.
• Protected street programs assess a substantial fee for pavement cuts in newly surfaced
streets (eg. 3 to 5 years). The fees may reflect the cost of additional inspections to insure the
quality of the restorations. They are intended primarily as an incentive for coordination.
• Reinspection fee may be assessed for additional inspections if defective pavement restoration
is found.
• Emergency work may be charged a special fee.
• Summons cost is included in some communities for those that violate the terms of the permit.
A summons may be issued to bring the case to court. The cost of issuing the summons is
assessed by violators.
• The applicants are eligible for fee waiver towards the purchase of ROW or permits if
enacted/enforced by the Govt. of India or Govt. of Haryana at any point in time.

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Fees associated with permits should recoup the regulating agency’s expenses for operating the
process. The fee schedules and total amount of money generated should be reviewed periodically
and adjusted as necessary so that the process is self-funding. Proposed adjustments to permit fee
schedules should be developed in consultation with those affected by the system.

Permit fees should be equitable. The same fee should be charged for comparable work regardless of
the individual, company, utility, or contractor who performs the work. Performance bonds may be
required, depending on the history of the permittee. A bond or other financial to ensure that proper
pavement restoration is made and maintained. Additional uses charges may be assessed to
applicants not having a franchise or the rights to occupy the ROW.

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Figure 49: Permit application process

Source: Right of Way (ROW) Permitting Process, City of Austin

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6.4. Proposed Guidelines

All the existing ROW provisions on a public ROW may be continued or re-allotted based on the
approvals from the Chief Town Planner. However, it is recommended to follow the proposed
guidelines on the public ROW of width 30 metres and above. The proposals are in compliance with
the approved cross sections for various road sections.

6.4.1. ROW Width above 60 m

The public ROW with 60-150 metres width is proposed in such a way that all components have
adequate and standard ROW provisions. The road will have a main carriageway and service road of
not less than 11.0 metres and 5.5 metres respectively on either side of the median. The median width
must be 3.0 metres or above so that provisions for a transit corridor, 220V electric line, etc. are
accommodated if required. Bidirectional cycle track and continuous footpath of the minimum
combined width of 4.0 metres on both sides are mandatory allocations. In spite of that, components
for motor traffic and NMT are to be segregated with green belts/zones. A mandatory parking provision
is proposed on the service roads of width 2.0 – 2.5 metres.

In terms of utility components, additional or sector-level distribution ducts are required in addition to
the main ducts for water supply, sewerage and drainage. All carriageways including service roads
should have closed storm water drains. Drain size can be decided based on the future demand and
engineering feasibility. Utilities such as electric lines, gas lines and communication ducts must be
provided on either side as per the existing plan. A separate provision for rainwater harvesting may be
considered on these road sections.

Apart from the above-said proposal, an alternate proposal for having a dedicated utility corridor/tunnel
may be prioritized in case of technical and financial feasibility. Utility tunnels, though they have higher
capital costs, are an efficient management system for a long-term city planning perspective. All
utilities including the main sewer and water line can be relocated in the tunnel. Few minor ducts like
sector level water supply line, electric line and gas line may be permitted for segregated ROW. Two
proposals with a utility tunnel for 90-150 metres and 60-90 metres wide ROW can be found in Figure
51 and Figure 55 respectively.

Proposals also include cross sections where there must be provisions for foot-over-bridge (FOB),
pedestrian underpass (PU), bus stops (BS) and metro stations (MS). The fourth typology involves the
cross sections with flyovers and underpasses. In the case of a railway-over-bridge (ROB), the facility
does not offer the full width of the ROW. The ROW will have the effective width of the bridge as per
the existing or proposed design.

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For the first category ROW (Figure 50) of width 90-150 metres will have mandatory provisions of 6-8
lanes wide main carriageway, 5.5 metres wide service road on either side, additional 2.5 metres wide
parking lane adjoining the service road and 5-metres wide cycle track cum footpath. The Green zone
covers 7 sections of the entire ROW, 3 each on either side of the main carriageway and the median. A
90-metre wide ROW can have a 6-lane carriageway and 8 lanes are allowed only if space is available
and provided all other mandatory components are sufficiently allotted. Green zones are expandable
up to 20 metres based on the effective ROW. Cycle track cum footpath may be extended up to 10
metres according to the demand. Utility service provisions will follow the existing standards in the
respective Acts and bylaws.

The alternative cross-section, as given in Figure 51, includes a dedicated utility tunnel with a minimum
width of 5 metres and expandable up to 25 metres. All other components remain the same as the
primary cross-section. All services are to include within the tunnel except sectorial supply lines.

In Figure 52, recommended design for ROW with FOBs, pedestrian underpasses, bus stops and metro
stations is given. The green zone near the end of the main carriageway will accommodate such
facilities. The overall width of the green zone (up to 5.0 metres) may be utilized for the construction
of such infrastructure. Additional requirements for such facilities will essentially need permits from
the Authority. Utility service standards remain the same.

The last category in this typology is recommended in Figure 53 where other road infrastructures such
as flyover, underpass and ROB. Although the mandatory provisions for the main carriageway, service
road, cycle track cum footpath and parking lane remain the same, the flyover or underpass will receive
provisions from the green zone. Based on the feasibility, a 6-8 lane flyover or underpass may be
proposed that could be in the range of 24 – 32 metres of width. They are recommended at the centre
of the ROW so that no utility ducts or components are sacrificed for the cost of flyover/underpass.
They may also be proposed on one or more sides of the ROW, in case the proposal does not take
away the rights of other components/users. All 7 green zones vary according to the effective ROW.

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Figure 50: Proposed Standard Cross section 90-150 m ROW

Figure 51: Proposed Standard Cross section 90-150 m ROW (Dedicated Utility Tunnel)

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Figure 52: Proposed Cross section 90-150 m ROW with FOB/PU/BS/MS

Figure 53: Proposed Cross section 90-150 m ROW with Flyover / Underpass

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The provisions for public ROW of 60-90 metres in width will have a reduced median, green zone and parking lane compared to 90-150 metres.
Mandatory provisions include 6-8 lanes (based on the effective ROW width), minimum 4 metres wide space for pedestrians and cyclists (or MUZ),
expandable up to 6 metres, 5.5 metres wide service road and a 2-metre wide parking lane besides service road. All 7 green zones vary according
to the effective ROW. Figure 54 provides the primary cross-section in this category of ROW.

Figure 54: Proposed Standard Cross section 60-90 m ROW

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The alternate option for 60-90 metres also includes a dedicated utility tunnel similar to the one for 90-150 metres wide ROW. The green zones
between the service road and main carriageway may be combined to accommodate the tunnel and related access facilities. Minimum width of
4 metres is mandatory for the green zone to contain a tunnel. The rest of the components remain the same. Refer to Figure 55 for details.

Figure 55: Proposed Standard Cross section 60-90 m ROW (Dedicated Utility Tunnel)

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Mandatory provisions include 6-8 lanes (based on the effective ROW width), minimum 4 metres wide space for pedestrians and cyclists (or MUZ),
expandable up to 6 metres, 5.5 metres wide service road and a 2-metre wide parking lane besides service road. The space for ROB, pedestrian
underpass, bus stops and metro stations are accommodated on the green zone near the main carriageway. Minimum width of 2 metres is
available for a 60-metre wide ROW, whereas a 90-metre ROW will have up to 5 metres. Additional space requirement is permitted by the Authority
if necessary. Figure 56 gives the spatial requirements of all components. The space requirement of the pedestrian underpass remains the same
except the proposal will be accommodated below the green zone.

Figure 56: Proposed Cross section 60-90 m ROW with FOB/PU/BS/MS

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A 4-lane or 6-lane flyover or underpass is recommended on a 60-90 metre wide ROW as per Figure 57. Provisions of all other components remain
the same. The flyover or underpass may be proposed at the cost of the green zones and existing carriageway. The main carriageway will be
reduced to 9.5 metres in case of ROW width close to 60 metres. In such cases, there will be only two green zones in the entire ROW.

Figure 57: Proposed Cross section 60-90 m ROW with Flyover / Underpass

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6.4.2. ROW Width 45 – 60 m

While the mandatory provisions for relevant components remain the same, the width and space
requirements vary from each other. All public ROWs having 45 metres or above will have a 6-lane
carriageway with a minimum lane width of 3.0 metres in addition to service roads. No compulsory
provision for a parking lane is proposed. The minimum width for the footpath and cycle track will
remain at 2.0 metres and 2.5 metres respectively. A 2-metre wide median must be given so that
allocation for a transit line may be planned in future.

Green zone allocation for the 45-metre wide section as given in Figure 58 (4 metres overall) is not
sufficient for a greener environment, while a 60-metre section will have 15 metres wide green zone.
In this scenario, the Authority may adopt a more environment-friendly approach as shown in Figure
61, which offers 11.0 metres wide green zone excluding the median. Utilities will continue to have
similar provisions, however, no dedicated utility tunnel is required for public ROWs less than 60
metres.

Figure 58: Proposed Standard Cross section of 45-60 m ROW

The provisions of FOBs, pedestrian underpasses, bus stops and metro stations will eventually reduce
the width of footpaths or cycle tracks wherever apply since they are usually proposed for the mobility
of pedestrians, cyclists and public transport users. The effective width of the facility will vary between
2-3 metres, whereas the combined width of the cycle track cum footpath will become 2.5 to 4 metres.
No other components will have reduced width due to the facility (figure 59).

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Figure 59: Proposed Standard Cross section of 45-60 m ROW with FOB/UP/BS/MS

A flyover or underpass may be proposed according to the recommendations in Figure 60. It can be a
4-lane or 6-lane flyover/underpass. However, the technical feasibility of the facility must be justified
as it may lead to the full or partial loss of other components in the ROW. The main carriageway will
only have 7.5 metres effective width due to the flyover/underpass. It will also largely replace the
service roads on both sides and green zones near the main carriageway. The provisions for cycle track
cum footpath will reduce to 3 metres width.

Figure 60: Proposed Standard Cross section of 45-60 m ROW with Flyover / Underpass

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A 45-metre wide public ROW can have a cross-sectional allocation without service roads as shown in
Figure 61. Green zones and underlying utilities will benefit where there are no service roads. In such
cases, carriageway width can be as maximum as 11.0 metres including the provision for drain limited
to 0.5 metres width. The drains on the service road will shift to the boundary of the public ROW. The
rest of the components have similar provisions to the standard cross-section.

Figure 61: Alternative Cross section of 45 m ROW (Without Service Road)

6.4.3. ROW Width 30 – 45 m

Provisions for components such as footpath and cycle tracks are different for sections below 45
metres. A shared zone known as a Multi-utility zone (MUZ) is applicable in this context with a
minimum width of 4.0 metres. However, all NMT users and parking can avail of ROW provisions on a
MUZ, in addition to pedestrians and cyclists. Public ROWs having 45 metres or below can have 4-lane
or 6-lane carriageways provided a 6-lane carriageway can have only 3-metres lane width. No provision
for a parking lane is proposed, though off-street provisions can be given separately wherever space
is available. Footpath and cycle track can be planned separately with 1.8 metres and 2.2 metres
respectively if no NMT facilities are required. A green belt is also proposed between MUZ and the
carriageway if the width is available above 30 metres.

Storm water drains in the centre of MUZ will redirect the runoff water on the footpath and cycle track.
Drains are laid on the boundary due to the absence of service roads. Refer to Figure 62.

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Figure 62: Proposed Standard Cross section of 30-45 m ROW

The infrastructure facilities such as FOB, pedestrian underpass, bus stop and metro stations will be
accommodated in the green belt/zone beside the main carriageway (figure 63). It will have effective
width of 2-3 metres. It may also restrict the cycle track cum footpath to 2 metres on the lower side.
The carriageway width may vary between 7.5 to 9.5 metres based on the traffic demand. 6 lanes may
be allowed with a reduced lane width of 3 metres (only if the overall ROW width is close to 45 metres).

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Figure 63: Proposed Standard Cross section of 30-45 m ROW with FOB/UP/BS/MS

No flyovers or underpasses are recommended in this category as the effective width of such
infrastructure will consume the mobility rights of other components and users.

Two alternative cross sections for a 30-metre wide ROW are also proposed in Figure 64 and Figure
65. There are several road sections with very high traffic and limited ROW provisions. Such roads
require a 6-lane carriageway for a smooth traffic flow. However, lane width is restricted to 3.0 metres.
Similarly, a 2-metres wide green zone will only be available on both sides. For roads with normal traffic,
the proposal in Figure 65 is recommended.

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Figure 64: Alternative Cross section of 30 m ROW (6-lanes)

In addition to the normal 30-metre cross-section, the space standards for the roads with designated
30 metres ROW but variable at places from 20 – 30 metres width are provided in Figure 65. A 2-metre
wide MUZ may be provided on either side with the mandatory provision of fixed 16 metres wide
carriageway cum median. This is an exception for the provisions of other components since it can
lead to traffic bottlenecks.

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Figure 65: Alternative Cross section of 30 m variable ROW (20-30 m)

6.4.4. ROW Guidelines for Foot-Over-Bridge

The ROW provisions for the urban transport infrastructure are a few of the limitations of the standard
cross sections in each category. Most of them are related to the mobility needs of pedestrians as well
as public transport users. Sometimes cyclists also need such facilities to cross the road where the
existing provisions are either insufficient or unsafe. FOBs are generally required in populated urban
centres and fast access corridors. However, there need to be provisions for such facilities within ROW,
which are not included in the standard proposals. The cross-sectional details of such facilities are
provided in Figure 52, Figure 56, Figure 63 and Figure 59.

In Figure 66, a typical cross-section of 45-60 metres wide ROW, having provisions for FOB, is given. It
applies to other cross sections as well where the minimum provisions are available. A vertical
clearance of 5.5 metres is essential in all cases. As per the design guidelines, minimum width of 2.0
metres is available up to 45 metres wide ROW for installing a FOB. The provisions are available in the
green zone near the main carriageway. FOB must have a minimum of 3 metres clear width for
movement, excluding the structural and design elements. Access should be facilitated by three
components: standard stairs, elevators (Lift) and escalators on both sides making it accessible for

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all. FOB design in terms of the placement of stairs, lifts and escalators as per Figure 66 is tentative.
In case of additional requirements of ROW, permits are mandatory at the discretion of the Authority.

Figure 66: ROW Guidelines for Foot-Over-Bridge

6.4.5. ROW Guidelines for Pedestrian Underpass

A pedestrian underpass is an alternative to a FOB if there is a conflict in the design, construction or

height limitation. It is allowed on all roads provided, the utility is not disturbed at any section. A typical
cross-section of 45-60 metres wide ROW is shown in Figure 67 which permits the provisions for an
underpass. It also applies to other cross sections as well. Unlike a FOB, the height restrictions are not
applicable. However, a minimum height of 3 metres must be provided. As per the design guidelines,
minimum width of 2.0 metres is available up to 45 metres wide ROW for installing a pedestrian
underpass. The provisions are available in the green zone near the main carriageway. It must have a
minimum of 3 metres clear width for movement, similar to FOBs. Access should be facilitated by three
components: standard stairs, elevators and escalators on both sides. Universal accessibility is
mandatory.

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Underpass design in terms of the placement of stairs, lifts and escalators as per Figure 67 is tentative.
In case of additional requirements of ROW, permits are mandatory at the discretion of the Authority.

Figure 67: ROW Guidelines for Pedestrian Underpass

6.4.6. ROW Guidelines for Bus Stop

A bus stop is an indispensable component of an urban ROW. A typical cross-section of 45-60 metres
wide ROW is shown in Figure 68, which permits the provisions for a bus stop. It also applies to other
cross sections as well. As per the design guidelines, minimum width of 2.0 metres is available up to
45 metres wide ROW for planning a bus stop. Therefore, the width of the entire facility is limited to 2.0
metres up to 45 metres wide ROW. The width may be increased for ROWs above 45 metres. The
provisions are available in the green zone near the main carriageway. Direct access must be provided
from the footpath or MUZ. Universal accessibility is mandatory. Bus stop/shelter design in terms of
the placement of stairs, lift and escalators as per Figure 68 is tentative. The entrance and exit tapers

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of the bus bay should not be more than 1:5 irrespective of the width of the lane. In case of additional
requirements of ROW, permits are mandatory at the discretion of the Authority.

Figure 68: ROW Guidelines for Bus Stop

6.4.7. ROW Guidelines for Metro Station

Metro stations in Gurugram/GMUC are planned alongside a high-capacity link due to the demand
aspects. While all metro stations in Gurugram are overhead, underground stations can also be
proposed. A typical cross-section of 45-60 metres wide ROW is shown in Figure 69, which permits the
provisions for an overhead or underground metro station. It also applies to other cross sections as
well. As per the design guidelines, minimum width of 2.0 metres is available up to 45 metres wide
ROW for designing the access. The concourse may have a +7.00 metres level so that a vertical
clearance of 5.5 metres is available. The level of the underground metro station depends on the utility
services and other parameters. In case of additional requirements of ROW (horizontal or vertical),
permits are mandatory at the discretion of the Authority. Width up to 10 metres is available for ROWs
above 45 metres. The provisions are available in the green zone near the main carriageway with direct

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access from the footpath. Direct access from the main carriageway is not allowed. All metro stations
are mandated to have universal accessibility. Other mandatory provisions include stairs, lifts and
escalators on both sides. Station/building design in terms of the placement of stairs, lift and
escalators as per Figure 69 is tentative.

Figure 69: ROW Guidelines for Metro station

6.5. Greenfield Development

For a Greenfield development of a public ROW, the project management team will be the responsible
department/section to complete the procedure of appraisals, acquisition, compensation and
relocation/rehabilitation program and asset management until the allocation of ROW. As the acquired
land is transferred to the Authority, the ROW Management Cell (RMC) will decide upon the optimal
allocation of resources and rights of operation of various components. The stakeholders will receive

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the permit only after the allocation of the respective ROW. The initial allocation will focus on the
primary components followed by secondary components such as utilities. Tertiary
components/rights will be applicable only after the completion of provisional allocation for primary
and secondary components or ROW.

All requirements and standards mentioned in the allocation of ROW, provisions of its various
components, ownership, stakeholder rights, easements and encroachments will follow as same.
However, there are further mandatory provisions those need to be incorporated into such conditions.
They include as follows;

• Utility Corridor/Tunnel for all applicable public ROW of width 60 metres or above (upon
engineering/financial feasibility)
• Optimal (or additional) allocation for components like communication (5G and other future
technologies)
• Additional provisions for rainwater harvesting on all public ROW or their influence area.
• Application of smart components based on the standards of Smart City Gurugram.

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7. ROW MANAGEMENT SYSTEM

7.1. Purpose of Web Portal

The ROW Management portal is a web service offered by the Authority, managed by the GIS wing in
the Geospatial Division, to avail, exercise and execute the provisions available for public, shared and
private ROW. It also enables the easy procedure to verify applicable provisions and allocations, apply
for permits, avail additional provisions, register complaints and guidance to operate/utilize respective
ROW, ownership, rights, easements and permissible encroachments.

7.2. Data Coverage

As per the scope of work, data will cover comprehensively public and shared ROW, mobility network
and its components and utility network and its components. The system will gradually update the
tertiary components upon the completion of works related to the respective components. No personal
data or information will be available connected to a private ROW adjacent to the public or shared ROW.

7.3. Utility & Services

The portal will be active for all stakeholders and users who require access. However, all the features
will be available only after logging into the system as a general user or a valid stakeholder verified by
the system. For stakeholder agencies, verification will be provided with approvals from the Head of
the ROW Management Cell.

7.4. Queries & Grievances

All complaints related to ROW will be addressed through the portal to the concerned Authority. If any
clearances are required from other Department/Ministry/Section outside GMDA, the request will be
forwarded to them by the Portal, only after the approval of the concerned personnel/department within
GMDA. Other queries and grievances related to the portal service will be addressed by the Head or the
office of the GIS Wing.

The proposed flow chart for the ROW Management system is shown in Annexure IV

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8. CONCLUSION

8.1. Vision
The ROW Management is the first of its kind document and framework proposed for a Development
Area/Region in the Country. It accomplishes several objectives of easy and equitable governance on
public ROW and mobility/utility rights for the citizen. As per the project goals, all components on a
public/shared ROW will have applicable guidelines and standard operating procedures in terms of
ownership, rights, easements, encroachments and access management.

8.2. Opportunity for Improvement

The revision and improvement in the guidelines, scope of network and components will be conducted
periodically. The network database ought to be updated in case of successful completion of the
change in the road and rail networks, land-related laws, applicable amendments in Central, State and
GMDA Acts, ROW, rights, ownership, easements and encroachments management.

8.3. Way Forward

The ultimate vision of this project is to capture the entire network of GMUC so that GMDA and all
stakeholders and users enjoy equitable allocation of ROW, resources and rights. It also promises
minimum governance and a maximum welfare model. Similarly, it also aims to generate and
showcase a successful ROW management prototype so that other Urban Local bodies and
Development Authorities can utilize its benefits of it.

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References

Paul Devaney, Rights-of-Way Management, UPROW Committee, 2001

Right of Way Definitions, Right of Way Management Division, Austin Transportation Department

Right of Way Design Guidelines, Department of Transportation, New Jersey, 2012

Rights of Way Management Strategy, City of Stirling, Perth, Australia, 2009

Right of Way Manual, Division of Highways, of the North Carolina Department of Transportation, 2020

ODOT Right of Way Manual, Oregon Department of Transportation, 2018

Right of Way Manual, Office of Land Management, Department of Transportation, Minnesota, 2018

Right of Way Manual, Maine Department of Transportation, 2018

Right of Way Manual, Arizona of Transportation Infrastructure Delivery and Operations Division, 2018

Right of Way Engineering Manual, Department of Transportation, New Jersey, 2012

ROW - Highway Design Manual, New Hampshire Department of Transportation, 2014

Right of Way (ROW) Permitting Process, City of Austin

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ANNEXURE I

The detailed roles and responsibilities of members and representatives of divisions sections under
the ROW Management Cell and Project Management Cell are provided below.

DIVISION/SECTION ROLES AND RESPONSIBILITIES

ROW Management Cell

• Smart city representative will assist ROW administrator in the planning
and development of telecommunication networks including landline,
OFCs and 5G in GMUC area
• Proposes the new state-of-the-art technology / methods / network
upgradation in the communication sector if required
• Coordinates and conducts the audits of the existing infrastructure and
capacity of networks
• Assesses the emerging demand and the need for the future allocation
of ROW / resources / funds for communication networks
• Notifies the changes issued through Government Gazettes in terms of
Smart City standards and guidelines to ROW Administrator, respective divisions
and stakeholders.
• Evaluates permits related to communication networks, if required by the
administrator
• Monitors the public and private stakeholders in communication sector
and advises the administrator
• Evaluates the qualification of a new stakeholder / contractor or
disqualification of an existing stakeholder / contractor (communication)
• Supports the database management division (geospatial) in case of
addition, deletion and upgradation of communication networks and its
sub-components
• Geospatial representative will assist ROW administrator in the planning
and development of GIS network, database and ROW Management
Portal/System for GMUC
• Manages the servers, website and mobile applications related to ROW
management
• Proposes the capacity upgradation for data and resource management
• Proposes the state-of-the-art platforms, software and applications for
Geospatial
the management of network
• Notifies ROW administrator and all the divisions and in the changes in
the network, procedures and applications
• Examines the permit application portal on regular basis for system
failures, delays and complaints
• Assemble data and information and coordinates with all divisions in
terms of addition, deletion and upgradation of networks
• The representative will assist ROW administrator in the planning and
development of mobility and transport infrastructure in GMUC area.
Mobility Planning
• Advises the ROW Administrator in the timely completion of proposals
related to ROW in CMMP 2020

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• Updates the inventories of the existing road, footpath, cycle track, public
transport networks and infrastructure in the GMUC area
• the database management division (geospatial) in case of addition,
deletion and upgradation of road, footpath, cycle track, public transport
networks and its sub-components
• Assesses the emerging demand and the need for the future allocation
of ROW / resources / funds
• Evaluates the qualification of a new stakeholder / contractor or
disqualification of an existing stakeholder / contractor (mobility)
• Evaluates permits related to road, footpath, cycle track, public transport
networks, if required by the administrator
• Monitors the public and private stakeholders and contractors related to
the construction and maintenance of road, footpath, cycle track, public
transport networks and infrastructure
• Infrastructure II (Wet) representative will assist ROW administrator in
the development of physical infrastructure such as water supply,
drainage and sewer lines in GMUC area
• Coordinates and conducts the audits of the existing infrastructure and
capacity of networks
• Proposes the capacity augmentation of existing water supply, drainage
and sewer networks
• Assesses the emerging demand and the need for the future allocation
of ROW / resources / funds
Infrastructure II (Wet)
• Evaluates permits related to water supply, drainage and sewer networks,
if required by the administrator
• Monitors the public and private stakeholders and contractors related to
wet Infrastructure and advises the administrator
• Evaluates the qualification of a new stakeholder / contractor or
disqualification of an existing stakeholder / contractor (Wet
Infrastructure)
• Supports the database management division (geospatial) in case of
addition, deletion and upgradation of its networks and other parameters
• Urban Environment member will support ROW administrator in the
development and preservation of green zones in the public ROW.
• Proposes the future plan for increasing the green cover and protection
of existing green zones based on the ROW guidelines
• Proposes the new varieties of trees, plants, bushes, etc. in accordance
with the geographical and contextual requirements
• Coordinates and conducts the audits of the existing trees, green spaces
and parks in GMUC area from time to time
• Assesses the requirements for funds and resources to develop green
Urban Environment
zones, belts, buffer zones not restricted to public ROW.
• Evaluates all permits related to green zone, felling and relocation of
trees
• Monitors the public and private stakeholders related to green zone and
advises the administrator
• Evaluates the qualification of a new stakeholder / contractor or
disqualification of an existing stakeholder / contractor (Green zone)
• Supports the database management division (geospatial) in case of
addition, deletion and upgradation of the green cover in GMUC area.

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• The representative from Electrical department will assist ROW

administrator in the development of electric networks and distribution
of electricity in GMUC area
• Assists DHVBN in the purchase of ROW and distribution of power supply
in GMUC area
• Coordinates and conducts the audits of the existing infrastructure and
capacity of networks
• Proposes the capacity augmentation of existing LT and HT networks
• Assesses the emerging demand and the need for the future allocation
Electrical
of ROW / resources / funds
• Evaluates permits related to electric lines, if required by the
administrator
• Monitors the stakeholders and contractors related to electric lines and
advises the administrator
• Evaluates the qualification of a new stakeholder / contractor or
disqualification of an existing stakeholder / contractor (LT lines)
• Supports the database management division (geospatial) in case of
addition, deletion and upgradation of its network and sub-components
• MCG representative will support ROW Management Cell in the hand-to-
hand coordination of maintenance of the corresponding networks.
• Advises the respective divisions in the construction and maintenance of
MCG
networks and components which could benefit MCG
• Monitors the resources owned by GMDA and notifies ROW management
cell in case of issues, damages and requests
• Traffic Police will support GMDA and the Nodal Agency in the protection
of ROW and its components
• Educates all road users in terms of his/her rights on carriageway,
footpath, cycle track, access road and other infrastructure/components
Traffic Police within ROW
• Notifies all sorts of violations in the public and shared ROW to the
Administrator on a regular basis
• Assists the enforcement wing for the regulation and preservation of
ROW
• The representative of GMCBL will support ROW administrator in the
management and utility of city bus transport system, infrastructure and
services
• Updates the Nodal Agency of the future network plan for city bus
transport and related infrastructure such as bus stops, terminals,
depots, parking spaces, etc.
• Advises the Administrator in the development of related road
GMCBL infrastructure and ROW allocation
• Administers the purchase of ROW on behalf of GMCBL for long-term
development plans
• Evaluates permits and NOCs apply to bus transit system, bus stops,
terminals, depots, etc.
• Supports the database management division (geospatial) in case of
addition, deletion and upgradation of the bus routes and other
components in GMUC area.

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• GMCBL representative will support ROW administrator in the

management and utility of metro rail transit system, its infrastructure
and services
• Updates the Nodal Agency of the future network plan for metro rail
transit system and related infrastructure such as metro stations, depots,
parking spaces, etc.
• Advises the Administrator in the development of related rail
HMRTC infrastructure and subsequent ROW allocation
• Administers the purchase of ROW on behalf of HMRTC for long-term
development plans
• Evaluates permits and NOCs apply to metro rail transit system, metro
stations, depots, parking spaces, etc.
• Supports the database management division (geospatial) in case of
addition, deletion and upgradation of the metro corridors and other
components in GMUC area.
• DMRC representative will support ROW administrator in the
management and utility of metro rail transit system, its infrastructure
and services
• Updates the Nodal Agency of the future network plan for metro rail
transit system and related infrastructure such as metro stations, depots,
parking spaces, etc.
• Advises the Administrator in the development of related rail
DMRC infrastructure and subsequent ROW allocation
• Administers the purchase of ROW on behalf of DMRC for long-term
development plans
• Evaluates permits and NOCs apply to metro rail transit system, metro
stations, depots, parking spaces, etc.
• Supports the database management division (geospatial) in case of
addition, deletion and upgradation of the metro corridors and other
components in GMUC area.
• The representative from DHVBN will assist ROW administrator in the
development of HT electric lanes and distribution of electricity in GMUC
area
• Administers the purchase of ROW and distribution of power supply in
GMUC area
• Verifies the audits of the existing infrastructure and capacity of
networks
DHVBN • Verifies the capacity augmentation of existing LT and HT networks
• Assesses the emerging demand and the need for the future allocation
of ROW / resources / funds in GMUC area
• Evaluates the qualification of a new stakeholder / contractor or
disqualification of an existing stakeholder / contractor (HT lines)
• Advises Electric section in GMDA to support the database management
division (geospatial) in case of addition, deletion and upgradation of the
HT network in GMUC area.
• The representative/s of RWA will support ROW administrator in the
coordination and protection of all components in the public, shared and
RWA private ROW.
• Maintain the registry of public interactions, complaints, violations and
disruptions

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• Reviews and addresses the conflicts in the individual rights on ROW

from various RWAs in the GMUC area
• Apprises the ROW Administrator on the allocations, provisions,
restrictions and violations of the public and shared ROW
• Works as a pivot in resolving the conflicts among the public, shared and
private ROW
• Supports the RWAs/individuals in the permit application
• Monitors the public and private stakeholders w.r.t. their operations and
updates the Nodal Agency
• HCG representative will assist ROW administrator in the development
and coordination of natural gas network in GMUC area
• Coordinates and conducts the audits of the existing infrastructure and
capacity of networks
• Assesses the emerging demand and the need for the future allocation
HCG
of ROW
• Coordinates with the Nodal Agency in terms of ROW allocation, quality
assessment and related procedures
• Supports the database management division (geospatial) in case of
addition, deletion and upgradation of its networks and other parameters
• IGL representative will assist ROW administrator in the development and
coordination of natural gas network in GMUC area
• Coordinates and conducts the audits of the existing infrastructure and
capacity of networks
• Assesses the emerging demand and the need for the future allocation
IGL
of ROW
• Coordinates with the Nodal Agency in terms of ROW allocation, quality
assessment and related procedures
• Supports the database management division (geospatial) in case of
addition, deletion and upgradation of its networks and other parameters
• ISP representative/s will assist ROW administrator in the development
and maintenance of communication networks in GMUC area
• Assesses the emerging demand and the need for the future allocation
of ROW
ISP • Collaborates with all ISPs in terms of shared ROW and other resources
• Coordinates with the Nodal Agency in terms of ROW allocation, quality
assessment and related procedures
• Supports the database management division (geospatial) in case of
addition, deletion and upgradation of its networks and other parameters

Project Management Cell

• Project Coordination Supervisor will assist District Town Planner in the

overall project management from pre-acquisition to the clearance of
ROW for the development stages
• Conduct land surveys to identify the scope of the project according to
Project Coordination
the development and mobility plans
Supervisor
• Studies the legal aspects of one or more parts of the stretch, which
could be a potential conflict of interest during appraisals or acquisition
• Determines the detailed schedules and nominal budgets for the entire
process including cost estimates

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• Coordinates with the other sections in the acquisition, encroachment

management, settlements and relocation programs.
• Provides clearances for the ROW project corresponding with other
Governmental agencies.
• Prepares reports and status reports for the approval of ROW
Administrator and ROW Management Cell before handing over
• Issues ROW Certificate and notification to the ROW Management Cell
• Acquisition and Appraisal Supervisor reviews the initial valuation of the
project commenced by the Project Coordination Section
• Acquires the revenue land directly under the Government by issuing a
temporary ROW until the project is cleared
Acquisition &
• Identifies all private and public properties to be appraised in the project
Appraisal Supervisor
• Determines the minimum compensation of each property or asset
based on the current market value
• Manages the direct acquisition of land and payment settlement based
on the terms and conditions
• Encroachment Manager will support DTP in the identification, legal
procedure and removal of encroachments in the public ROW
• Periodically flags the illegal settlements in the public ROW after the ROW
certificate is issued by the Project Coordination Section
• Prepares the timeline for the notification and eviction of encroachments
Encroachment on the newly added and existing public ROW
Manager • Supports DTP in the legal eviction process preferably before the ROW
allocation for various components
• Identifies the encroachments caused by any of the stakeholders or
agencies including various divisions / sections within the Authority
• Establishes the new ROW boundaries and sends report to Project
Coordination Section
• Stakeholder manager will assist in rehabilitation and relocation of
assets and human resources from time to time
• Organizes the negotiation process with the property owners in
collaboration with the acquisition and appraisal section
• Deals with the issues concerning the conveyance, relocation expenses
Stakeholder Manager and compensation reclamation
• Supports the temporary rehabilitation of people in the encroached areas
during and after eviction process
• Mediates the stakeholder conflicts in case of encroachment violation /
ROW provisions between two agencies or among various agencies
within or outside GMDA

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ANNEXURE I.I: Skill Set for ROW Management Cell

S.N. Position Nos Desirable Desirable

Qualification Experience

1 Sr Urban Planner 1 M Planning 20

2 Mid-level urban planner 1 M Planning 10

3 Junior planner 2 M Planning 2

4 Sr Highway Engineer 1 M Tech Highway 15

5 Jr Highway Engineer 2 Civil Engineer 2

6 Quantity Estimator 1 Civil Engineer 15

7 Jr Quantity Estimator 4 Civil Engineer 2

8 Sr GIS experts 1 BE/BPLAN/ 10

9 Jr GIS Experts 3 BE/BPLAN/ 2

10 Sr Drainage expert 1 M. Tech 15

11 Jr Drainage expert 3 M.Tech 2

12 Sr Electrical expert 1 M.Tech 15

13 Jr Electrical expert 2 B.Tech 2

14 CAD experts 2 Diploma 5

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ANNEXURE II: List of Indigenous Trees

The hardy native species which can combat pollution

Species

S.No.
Vernacular Names Botanical Names

1. Pilkhan Ficus virens

2. Peepal Ficus religiosa

3. Bargad Ficus bengalensis

4. Gular Ficus glomerata

5. Ber Zizyphus mauritiana

6. Arjun Terminelia arjuna

7. Jamun Syzygium cumini

8. Neem Azadirachta indica

9. Gundani Cordia ghara

10. Baheda Terminalia bellerica

11. Lasoora Cordia mixa

12. Mango Mangifera indica

13. Jungle Jalebi Pithecellobium dulce

14. Imli Tamarandus indica

15. Shehtoot Morus alba

16. Bakayan Melia azadirach

17. Meetha Neem/Curry patta Murraya koenigii

18. Khirni Manilkara hexandra

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19 Dhak Butea monosperma

20 Harad Terminalia chebula

21 Bael Patra - Aegle Marmelos

Source:https://pib.gov.in/Pressreleaseshare.aspx?PRID=1541596

Native Species which have higher aesthetic value/flowering

Species
S.No.
Vernacular Names Botanical Names

1. Amaltas Cassia fistula

2. Gulmohar Delonix regia

3. Semul Bombax ceiba

4. Indian coral tree Erythrina variegate

5. Ashoka Saraca asoca

6 Jacaranda Jacaranda mimosifolia

7. Tichoma gorichori Tecoma stans

8. Anar Punica granatum

9. Knakchampa Pterospermum acerifolium

10. Rainbow shower tree Cassio nodosa

11. Mahuwa Madhuca longifolia

12. cassio renigers

13. Champa Magnolia champaca

14. Kassod Cassia siamea

15. Kareel Diospyros cordifolia

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16. Roheda Tecomella undulata

17. Sonjna Moringa concanensis

18. Kadamb Mitragyna parviflora

19. Jhinjheri Bauhinia racemos

20. Caper tree Capparis spinosa

21. Queen Flower Lagerstroemia flos reginae

22 Lagerstroemia borelia

23. Harshingar Nyctanthes arbor-tristis

Source:https://pib.gov.in/Pressreleaseshare.aspx?PRID=1541596

Native shrub species of Delhi

Species

S.No. Vernacular Names Botanical Names

1. Aegelia (Rhododendron )

2. White orchid-tree Bahunia acuminate

3. Bougainvillea Bougainvillea glabra

4. Hibiscus Hibiscus syriacus

5 Kaner Nerium oleander

6 Chandini Tabernaemontana divaricata

Source:https://pib.gov.in/Pressreleaseshare.aspx?PRID=1541596

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ANNEXURE III: Permits

The applicable fee for permits and allocation of ROW is given in this section.

S.N. Nature of Permits Applicable Fee

1 Permanent purchase of ROW (long-term) As per Govt. policies
2 Short-term purchase of ROW As per Govt. policies
3 Laying and construction of carriageway/footpath/cycle track As per Govt. policies
4 Development of green zone / green belt As per Govt. policies
5 Laying and construction of drains / sewers / water supply / LT / HT As per Govt. policies
6 Laying of gas lines/communication ducts As per Govt. policies
7 Maintenance work of roadway components As per Govt. policies
8 Maintenance work of utility components As per Govt. policies
9 Removal of existing road infrastructure As per Govt. policies
10 Felling of trees As per Govt. policies
11 New access road/driveway As per Govt. policies
12 Hoardings, information boards, ads and signage As per Govt. policies
13 Kiosks, food trucks, informal markets, exhibits, etc. As per Govt. policies
14 Off-street and on-street parking As per Govt. policies

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ANNEXURE IV: Flow Chart for Project Management System

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ANNEXURE V: Cross Sections

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ANNEXURE VI: Compliance

COMMENT RECEIVED FROM SMART CITY DIVISION

S.N. Ref. COMMENT RECEIVED FROM SMART CITY DIVISION Response

1 Aerial ROW on poles/trees may be either banned or defined & provision Noted & compiled in table 2 under section
kept, as number of cables are taken overhead. 3.5.1

2 GPR survey needs to be mandated for all ROWs & it needs to be validated Accepted
by Infra-I Division.

3 Telcos/Utilities needs to be directed to provide their cable infrastructure in Accepted

GMDA Area & same mapped with GIS on Smart City Platform.

4 In case of damage to assets of other ROW users, the cost of damage and Noted & Complied in section 6.3.6
same defined penalty (say Rs. 2 Lakhs per case) may be imposed for
careful execution of work & uninterrupted service.

5 The specific ROW charges or the process to calculate the ROW charges Noted & Complied in section 6.3.6
must be mentioned.

6 Rules regarding taking strict action against the agencies that damage the Noted & Complied in section 6.3.6
optical fiber cable.

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S.N. Ref. COMMENTS RECEIVED FROM THE TRAFFIC MOBILITY DIVISION Response

1 Various activities to be performed by ROW Management Cell (RMC) have been listed in Section Noted & complied on page 26
2.3.2. However, quality management is not covered in these activities which may be included sec 2.3.2

2 The following legislations and rules may also be examined and included in the report. Noted & complied on page
(i) Motor Vehicle Act (relevant parts) page 43, sec 3.2.11 & page
(ii) Amendments done to National Highways Act, 1956 in various years
29, sec 3.2.1

3 Depth of various underground utility lines in the proposed cross-sections of roads of various Depth of underground utilities
ROW widths may be given (Section 6.4).
is given on page 52 table 1 &
table 2 under section 3.5.1

4 The city may have at-grade Tram/BRT system on certain roads in the future. Provision of these Appended in Annexure 5
systems may be given in the proposed cross-sections.

5 Similarly, some sections of the proposed MRTS may have underground transit system. Appended in Annexure 5
Guidelines for these transit lines may be included in the report.

6 Bus stops may also be included in the proposed cross-sections of various ROWs. Appended in Annexure 5

7 ROWs of various roads are not uniform. At many places, ROWs are less than 30m. How will the ROW variation will protect
ROW management be done in such situations?
basic needs and not
compromise on standards
and any natural obstruction

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S.N. Ref. COMMENTS RECEIVED FROM THE TRAFFIC MOBILITY DIVISION Response
may be accepted but.no
relaxation to be given due to
encroachment

8 Informal sector activities are seen on many road sections. How will the informal sector be dealt Noted & complied. Section
in the ROW management?
3.3.4 page 46

9 If the roads are abutted by residential, commercial and other activities, possibility of having ROW will be protected
footpaths/cycle tracks close to these activities may also be examined.

10 IGL Ltd also provides piped gas services in some parts of the city (the area between western Amended
part of NH48 from Rajiv Chowk and Sohna Road). Considering this, section 6.2.2.4 may be
amended.

11 Petrol stations should also be included in ROW management. Appended in Annexure 5

12 At present, various divisions i.e. Infra–I, Infra-II, Urban Environment, Smart City, Electricity, GIS INFRA-1
and IT divisions are responsible for providing various civic amenities in ROW to residents and
various user organizations. There is need for proper coordination amongst these divisions in
order to avoid conflict and ensure better utilisation of ROW. There is also the need to keep proper
record and Geo-referencing of various overground and underground civic amenities. Therefore,
it is important that the job of ROW management and coordination should be done by an
appropriate division.

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S.N. Ref. COMMENTS RECEIVED FROM THE TRAFFIC MOBILITY DIVISION Response

13 Responsibilities of Mobility division are planning, design, construction, commissioning and INFRA -1
maintenance of mobility projects which comprise of a significant part of ROWs. In addition, the
following works have also been allocated to Mobility division as per office order dated
29.11.2021.
• Design, implementation, construction and commissioning of road infrastructure projects
including flyovers and underpasses.
• Design, implementation, construction and commissioning of urban amenities and
structures.
• Access of petrol pumps/private properties/rest houses
• Considering that Mobility division has now a larger responsibility in road development and
urban amenities, it is suggested that Mobility Division may be given the responsibility of
nodal agency for ROW management.

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S.N. Ref. COMMENTS RECEIVED FROM INFRA-1 Response

1 Emphasis on acquisition of ROW for projects has been given in the Chapter 2: it may be Section 16 clause 2 page 469 of
clarified under what section of GMDA Act the acquisition of ROW is being proposed.
GMDA Act (under Powers, functions
and duties of Authority)

Refer section 3.4.1

2 Ref Para 3.5.1 Guidelines on accommodation of utility services: The minimum depth has Noted & Complied in para 3.5.1.
only been specified. There is a requirement for decision regarding minimum width
Table 1 is amended. User charge
required for each utility. Also the user charges/ fees, period of fees, bank guarantee etc
should also be specified considering the quantum of source of income of the Authority and fee are covered in sec 6.3.6
by granting ROW approvals.

3 On page no 80, Figure 24 onwards, illustration of 45M wide roads have been shown, Accepted and amended in report
whereas as per Haryana Govt Notification dated 11.04.2018 declaring GMDA road
assets. there are no roads having an ROW of 45M. Matter needs to be reviewed.

4 Concurrence of Infra 2 Division, GMDA should be taken before declaration of utility Incorporated in the flow chart in
corridors as Green Zones. Public Health Services, gas pipelines, electricity cables, ofc
Annexure IV
cables etc are running in these corridors which require regular maintenance involving
excavation of the area

5 No charges, penalties, specifications, guidelines etc. have been specified for granting Noted & complied in section 6.3.6
Secondary Rights (Section 6.3.2.2) or Tertiary Rights (Section 6.3.2.3).

6 Section 6.3.6 Issue of Permits: A very lengthy process has been proposed for granting Noted & complied in section 6.3.6
routine approvals, which is way exorbitant in comparison to other government
departments. The same needs to be reviewed under guidance of W/CEO GMDA.

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7 Figure 49 onwards illustrates 90-150M ROW roads which shows metro running in the The Cross section is appended in
central verge. There are only 02 such roads in Gurugram namely SPR and NPR. Presently
Annexure 5
NPR is under development being taken up by NHAI and the central verge has already
been utilized for erection of piers of elevated carriageway; thus leaving no space for
metro in the central verge. Similarly, on SPR, metro is proposed on the LHS while moving
towards NH-48 from Ghata. It is therefore recommended for amending the figure
accordingly.

8 The design of the surface drain proposed is that of horizontal inlets with drainage Cross sections are revised in
running either under carriageway or having height lesser than the Formation Road Level
Annexure 5
(FRL).
This design is in violation of the already existing surface drainage where the drain top is
higher than the road FRL and water in the surface drain enters from sides and not top
surface. The proposed scheme would result in total re-construction of surface drainage
which would burden the authority with huge additional expenditure.

9 All the proposed cross sections have been prepared in general manner and are in Cross sections are revised in
violation of the already approved cross section for each segment of road. Particular
Annexure 5
corridors for each type of utility proposed to be laid in future has also not been shown.
The cross sections are required to be studied in depth and prepared strictly in
accordance with the already laid utilities as per previous cross sections approved by the
then road and infrastructure developing agencies.

10 Pedestrian underpasses, FOB's, Bus Stops etc. proposed should have a basic guidelines There are existing warrants for the
regarding deciding the stage at which these infrastructures are required, the governing
pedestrian crossing facilities (IRC-
factors deciding their development.
103, 1988, 2012). However,

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provisions for bus stops will be as

per the context. ROW provision for

the bus stop is protected.

11 The ROW portal has been proposed to be managed by GIS Division whereas the same Accepted.
is presently being monitored by Infrastructure 1 Division being the nodal agency for
monitoring, safeguarding as well as planned implementation of all the infrastructure on Infrastructure 1
ground.

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S.N. Ref. COMMENTS RECEIVED FROM URBAN PLANNING DIVISION Response

1 It is seen that some roads do not have uniform ROW throughout their length. Not in the scope of work
What will be the cross-section of right-of-way for those sections of the roads however, the suggested cross
which have less than 30 m ROW. section for 18m &, and 24m
ROW cross sections are
attached in Annexure 5

2 Road ROWs in Gurugram are generally 30m, 45m, 60, 90m and 150 m. Cross- Attached in Annexure VI
sections for these roads may also be given.

3 What will be the right-of-way requirements at intersections on roads with varying Attached in Annexure VI
ROW widths? Some typical designs/cross-sections for different roads may be
given.

4 Provision for the following items in the road right-of-way may also be given Attached in Annexure V for bus
stops. Rest other facilities are
i) Bus stops
already covered in section 6.4
ii) Metro stations
iii) Electricity installations
iv) Flyovers/underpasses/ROBs

5 Is utility corridor/tunnel only for roads with ROW more than 60 m? Can these be Utility tunnel can be provided for
provided along roads with ROW below 60 m also? ROW lesser than 60 m but
subject to the availability of
space in cross-section for cut &

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S.N. Ref. COMMENTS RECEIVED FROM URBAN PLANNING DIVISION Response

fill of earthwork. The typical size

of a utility tunnel is 7x8 meters.

6 Many acts recommend the depth of various utilities below roads. All these acts Noted & Complied in
may be studied and recommendations compiled at one section of the report. section 3.5 & 6.2.2.5
Comparison of overhead and underground high tension electricity lines may
Technical details are not
please be covered and best system recommended.
provided in Acts.
However, IRC 98 2011 has
been provided for all
utilities.

7 Indraprastha Gas Ltd (IGL) also supplies gas through pipelines in Gurugram. Complied in section
This may also be covered in the report. 6.2.2.4

8 Description of latest updated acts should be for all relevant acts. Some relevant Incorporated in 3.3.3
acts such as The Metro Railways (Construction Works) Act, 1978 and its
amendments, The Haryana Scheduled Roads and Controlled Areas Restriction
of Unregulated Development Act, 1963 etc

9 The correct organisational setup of GMDA is not given. It should be corrected Incorporated all
and recommendations after having consultations with different divisions of recommendations
GMDA.

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S.N. Ref. COMMENTS RECEIVED FROM URBAN PLANNING DIVISION Response

10 Please also specify conditions under which charge can be levied for providing Noted & complied in
ROW to other agencies/organisations for development and maintenance of section 6.3.6
infrastructure, utilities and parking and principles/methodology for levying such
charges as per clause 4 of the scope of work for this study.

11 Best ROW practices of other countries should also be given in the report. Incorporated in sec 3.6,
the Reference list at the
end of the report can be
used for further detailed
study.

12 Correct abbreviations of some agencies such as Municipal Corporation, Abbreviations corrected

Gurugram (MCG) etc should be given in the report.

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S.N. Ref. COMMENTS RECEIVED FROM GIS DIVISION Query Response

1 Sec 2.2.2 It’s not included in the Noted & compiled on

main document at
page 22
(Fig. 2) appropriate site. Add
the statement in the
main document.
Please explain using a
process flow chart, how
network mgmt.,
inventory updation,
permit assessment etc
will be managed.

2 Sec 2.3.2 Add the statement in Noted & compiled at

the main document. page 25

3 Sec Please elucidate using a Noted & compiled at

2.3.3
diagram Sec 2.3.3 page 23

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S.N. Ref. COMMENTS RECEIVED FROM GIS DIVISION Query Response

4 Sec 2.3.3 “Quality management” Noted & compiled at

is missed out in the list Sec 2.3.2
of responsibility. Please
add.

5 Sec 2.3.3 Rephrase the sentence Amended. Sec 2.3.3

to “Timely acquisition
(Point 2)
of ROW”. While other
points are Verb, this is
indicating the Group
(Noun).
6 Sec Add the statement in Amended. Sec 2.3.3
2.3.3
the main document
(Point
6) after rephrasing it.

7 Sec Team composition Updated in Annexure

2.3.2 & added in a table,
I,
2.3.3 starting from Page 135.
It mainly elaborates the

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S.N. Ref. COMMENTS RECEIVED FROM GIS DIVISION Query Response

expected role, but is

silent
on required skill and
number of team

members

8 2.3.3.1 Taken care but page Noted & Complied

numbers have changed.
Please use correct
page number

9 2.3.3.1 Diagram suggesting Updated in Annexure

Team Composition and I, page 138
Team Structure is
missing in the Table

10 Sec 3 Cite the violations and It has been observed

overlaps. that there are no
direct violations of
legislation and rules
in any components
of the existing ROW.

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S.N. Ref. COMMENTS RECEIVED FROM GIS DIVISION Query Response

Due to the lack of

integrated laws for
all components, they
seem to be
overlapped. Page 47

11 Sec Please mention this in Noted & compiled at

3.4
the main document. Sec 2.3.2-page 51

12 Sec 4 Section 1.2 of the The primary object of

document deals with the study was not to
Scope of Work. There is audit the existing
no mention that Primary infra but to protect
Data Collection will not the elements of
be done under current ROW.
study. Please explain.

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S.N. Ref. COMMENTS RECEIVED FROM GIS DIVISION Query Response

13 Sec 6.1 Section 1.2 of the The primary object of

document deals with
the study was not to
Scope of Work. There is audit the existing
no mention that Primary infra but to protect
Data Collection will not the elements of ROW
be done under current
study. Please explain.

14 Sec 6.1 Section 1.2 deals with The primary object of

Scope of Work and it the study was not to
doesn’t mention that audit the existing
Primary Data Collection infra but to protect
will not be done under the elements of ROW.
current study. Please
explain.

15 Sec 6.1.3 Answer of first part of Not all cross sections

the question is not but above 30 ROW
directly answered.
Please clarify this part.

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16 Sec 6.2 Add this response as Noted & compiled

one of the
recommendations.

17 Sec 6.3 According to 1st Scope Water logging is

of Work, ROW of 30 linked with drainage
mtrs and above were to infrastructure, once
be designed. But the drain (master) plans
response suggests that are ready same will
this report only be protected for
considered ROW of 60 other ROW
mtr or above. Please
explain why? Consider
the lower order of ROW
too.

18 Sec 6.3 Not able to locate the As per IRC 67-2021.

diagram at specified Noted & compiled,
page number or nearby section 6.3.5 and
pages. page 52 sec 3.5.2

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19 Sec 6.3 Please incorporate this Amended on page

in the body of main 99.
report.

20 Sec 6.3.1 Mention the benefits of Benefits of

ownership data and ownership data will
recommend how in only be possible
genera it should be when all properties
managed to improve are geofenced with a
overall management of unique ID. Currently,
ROW. ID does not identify
the properties on the
map, however, it is
an important
recommendation to
prioritise surveys
with unique id no and
related ownership is
documented and
msg would be auto-

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generated for
improved e-
governance.

21 Fig 42 Please mention the The list of trees is

indigenous species attached in
which have higher Annexure-II
environmental/heritage
value and need to be
protected.

22 Sec 6.4 & Please formulate a Appended in

sec 7
framework on how the Annexure IV
ROW Management Cell
will work.

23 sec 7 Rename as suggested. Amended sec 7,

Otherwise let us know page 135
the reason for not
changing.

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24 sec 7 This is part of 5th Scope Amended sec 7 page

of Work. This has been 135
covered in a very
Attached in
summarized way.
Annexure IV
Technical solution and
associated diagrams
should be added.
New additional comments

In the Figure 51, recommended design for ROW with FOBs,

25 Sec 6.4.1 pedestrian underpass, bus stops and metro stations is Such nodes generate Noted & complied.
given. The green zone near the end of the main maximum emission
carriageway will accommodate such facilities. The overall within ROW due to Cross Section in
width of green zone (upto 5 mtrs.) may be utilized for the idle engine time by all
modes of transport. figure 51, page 118,
construction of such infrastructure.
Also, these nodes sec.6.4.1 is revised
generate maximum
footfall within ROW and updated
and needs cooler
micro-climate.
Because of these two
reasons, it would be
advisable not to
disturb the green
zone, rather protect it
at planning stage. To

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provide sufficient
space for these
infrastructures, the
ROW width may be
expanded at a
specific interval
considering such
existing infrastructure
in other places.

General Please ensure that the Noted & complied.

source of any Map or
Table doesn’t spill over
to next page as it
happened for Table 2 in
Page 53 & 54.

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