Response

The Ministry of Road Transport and Highways issues No Objection Certificate (NOC) under various acts.

As per Section 144 of the Petroleum Rules, 2002, the District Authority will inquire and issue the license only after analyzing that it is safe and having two copies of the plan and issue a certificate if there is no objection and it has to be completed within three months.

However, in case of National Highway, the power to give permission lies with Highway Administration as per Highway Administration Rules, 2004 under the Control of National Highways (Land and Traffic) Act, 2002 according to its section 28, 29 and 38.

The applicant has to submit a self certified proposa; for seeking access to Highway Administration.

The company has to indluge with architects and consultants of ministry and give them the proposed layouts and show everything is as per norms.

On getting the acceptance, owner has to enter into an agreement for five years for signing license deed for five years on certain fees which varies from area to area. If you have followed all these steps and still have not got the NOC, then you shall file a writ petition at the High Court under Article 226 of Constituition of India.

Reference: Section 144 of the Petroleum Rules, 2002, Section 28, 29 and 38 of Control of National Highways (Land and Traffic) Act, 2002, Highway Administration Rules, 2004, Article 226 of Constituition of India

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