Letter on Highway Encroachments

Written by Team Highway Correspondence

Updated on:

Letter on Highway Encroachments

Letter on Highway Encroachments: This text discusses issues with highway encroachments. It outlines various cases of highway encroachment and incidents. Also alerts and notifies the concessionaire about necessary action according to the contract terms of CA.

Here are some examples of notification letters to the concessionaire regarding encroachment identification and removal orders. These letters are in accordance with the CA’s contract terms.

As per CA, the concessionaire’s obligations in light of the encroachments are the following:

  1. The concessionaire shall “after receiving possession of the site or part thereof, ensure that such site remains free of all encroachments and take all steps necessary to remove encroachments, if any.”
  2. The concessionaire shall “make all necessary arrangements for accomplishing the task of physical removal of the encroachments at his own cost.” The project site is to be maintained free from all encroachments.
  3. Site protection from encroachments: The concessionaire must also keep the site free of any occupations, encroachments, or encumbrances during the concession period.
  4. The concessionaire mustn’t allow any contractor or person to create any encumbrances.
  5. The concessionaire cannot create any risky scenarios with the project’s site or assets.

Letter on Highway Encroachments, Case 1:

Encroachment on the service road side near the underpass—reg.

It is a sample draft letter format for the subject title. Notify the concessionaire of any encroachment on the service road side near the underpass.

To

The Concessionaire,

Subject: Encroachment on the service road side near the underpass—Reg.

Dear Sir,

In reference to the previous information, a private party is currently conducting illegal construction work on the RHS service road between Km. 10.000 and Km. 10.150. The private party has removed the service road embankment slope and closed the box culvert vent with hume pipes.

Letter on Highway Encroachments

Please halt these illegal activities and remove the encroachment immediately. We cannot permit such illegal work in the Project Corridor.

We hereby instruct you to open the culvert’s vent to allow water to flow freely. If unseasonal rains occur, this encroachment will cause the main carriageway to close.

You must submit the Action Taken Report for our review, followed by a top-priority submission to the Highway Authority within 7 days.

[Yours,]

[Insert the name of the authorized person].

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Letter on Highway Encroachments Case 2:

Illegal Laying of Optical Fiber Cable along the Project Highway—Reg.

This is a draft letter that serves as a template for notifying the concessionaire. About the removal of illegally laid optical fiber cable along the Project Highway.

To

The Concessionaire,

Subject: Illegal Laying of Optical Fibre Cable along the Project Highway—Reg.

Dear sir,

During site inspections, it was discovered that M/s. XX Constructions is laying illegal optical fiber cable at Km. 05.000 to Km. 15.000 LHS. We attribute this to your inadequate incident management and highway patrolling.

Letter on Highway Encroachments Illegal Laying of Optical Fibre Cable along the Project Highway

Please stop the unauthorized work immediately. The Highway Authority and your NOC must approve any such work in the project corridor. The action-taken report shall be submitted to this office within three days of complying with the instructions.

[Yours,]

[Insert the name of the authorized person].

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Letter on Highway Encroachments Case 3:

Encroachment of ROW land—reg.

The following is a sample draft letter format for the concessionaire to remove encroachment on ROW land.

To

The Concessionaire,

Subject: Encroachment Removal on ROW Land—Reg.

Dear sir,

We observed new encroachments in the project corridor during the site inspection. We strongly feel that your incident management team is not functioning properly. Otherwise, we could have avoided this new encroachment into the project corridor.

The details of the encroachments are given below. We have attached photographs of the encroached locations herewith.

As per the provisions of CA, we hereby direct and notify you to take immediate, necessary action and remove the encroachments from highway land. Furthermore, we urge you to demarcate the highway ROW throughout the entire project corridor as soon as possible. The action-taken report shall be submitted to this office within one month at the earliest.

[Yours,]

[Insert the name of the authorized person].

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Letter on Highway Encroachments Case 4:

Illegal parking on the shoulder and the dumping of debris on the ROW are violations.

The following is a sample draft letter format about the removal of illegal parking on the shoulder and debris dumping on the ROW.

To

The Concessionaire,

Subject: Illegal parking on shoulders and dumping of debris on ROW—Reg.

Dear sir,

Pursuant to Clause 4.11.1 of Schedule-L of the CA, the concessionaire shall maintain the project highway and project assets in working and orderly condition. During the site inspection, numerous locations in the project corridor frequently exhibit debris dumping and illegal parking on the shoulder of the ROW.

This can be attributed to your poor incident management and lack of highway patrolling. We should immediately prevent these illegal activities.

We hereby instruct you to immediately stop these illegal parking activities and clear the debris. Please submit your compliance report within a week.

[Yours,]

[Insert the name of the authorized person].

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Reminder: illegal parking on shoulders and debris dumping on ROW-Reg. 

It is a sample draft letter format for a reminder notice to the concessionaire. The letter pertains to the removal of illegal parking on the shoulder and the dumping of debris on the right-of-way.

To

The Concessionaire,

Subject: Reminder notice for illegal parking on shoulders and debris dumping on ROW—Reg

Dear sir,

With reference to the titled subject and letter cited above about the removal of illegal parking on the shoulder and debris dumping on the ROW, Inspection of the location revealed continuous illegal parking on the project highway’s shoulder. At Km. 10.000, a food vendor is doing brisk business at the same location on the MCW shoulder.

We attribute these unpleasant activities within the ROW to your casual approach, as well as poor route patrol and incident management functionality.

Cement bulker vehicles are still continuously parking on the paved shoulder from km xx to xx LHS.

A food hawker is operating on the Main carriageway shoulder in ROW at KM.

We instruct you to lodge a formal complaint and file an FIR with the police about this encroachment. Please forward a copy of the FIR to this office and the Highway Authority.

[Yours,]

[Insert the name of the authorized person].

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Letter on Highway Encroachments Case 5:

Private hoardings, encroachments, and debris dumping on ROW are regulated.

It is a sample draft letter format for notifying the concessionaire. The notification pertains to the removal of private hoardings, encroachments, and the dumping of debris on the right-of-way (ROW).

To

The Concessionaire,

Subject: Private hoardings, encroachments, and debris dumping on the right-of-way.

Dear sir,

Pursuant to Clause 4.11.1 of Schedule-L of the CA, the concessionaire shall maintain the project highway and project assets in working and orderly condition.

During the site inspection, we observed frequent debris dumping on the carriageway, as well as the display and placement of unauthorized private hoardings and encroachments within the ROW at various locations in the Project Corridor.

Your poor incident management and lack of highway patrol have led to a significant increase in such incidents. You should immediately prevent these illegal activities.

The ROW has encroached on the main carriageway shoulder.

Debris dumped on the Main Carriage Way shoulder at km 15.250 LHS

We hereby instruct you to immediately stop these encroachment activities, clear the debris lying within the ROW, and remove the private hoardings. Please submit your compliance report within a week.

Thank you, and we assure you of our best service at all times.

[Yours,]

[Insert the name of the authorized person].

 

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Letter on Highway Encroachments, Case 6:

The regulation prohibits the laying of electric poles in the right-of-way without the Highway Authority’s permission.

The following is a sample draft letter format for concessionaires to remove electric poles in ROW without the Highway Authority’s permission.

To

The Concessionaire,

Subject: Private hoardings, encroachments, and debris dumping on the right-of-way.

Dear sir,

Regarding the subject at hand, we would like to inform you that our site inspection revealed new encroachment in the Project Corridor due to the laying of electric poles within the ROW without Highway Authority permission, as detailed below. We have attached photographs of the encroached locations for your reference.

Sr. No. Chainage Side Description
From To
1 0+000 60+000 BHS ROW Encroachment (State electrical  poles)

 

Laying of electric poles in ROW without permission of the Highway Authority

Laying of electric poles in ROW without permission of the Highway Authority

The erection of electrical poles at various locations along the entire project stretch, 20 to 25 meters from the PCL, will obstruct future widening and avenue planting. As a result, the Highway Authority will incur additional expenses while carrying out future widening.

Pursuant to Clause 4.11.1 of Schedule “L” of the Concession Agreement, the concessionaire shall maintain the project highway and project assets in working and orderly condition. Your poor incident management and lack of highway patrol have led to a significant increase in encroachment incidents. We must immediately prevent these illegal activities.

We hereby instruct you to cease all illegal activities and remove any encroachment from the right-of-way. Within 10 days, you must submit the action-taken report to the highway authority.

[Yours,]

[Insert the name of the authorized person].

Note to Visitor on Letters Concerning Private Hoardings, Debris Dumping, and Encroachments on Highway ROW:

Kindly be aware that the aforementioned contractual conditions serve as examples. These conditions originate from the concession agreement for the BOT (annuity) project, which operates in the PPP mode. For the period 2016–2020,

Afterwards, make sure to implement the required changes to the current contractual terms. Write a letter that aligns with the concession agreement for the particular project.

Also read sample draft letter formats for unauthorized parking and access. 

Further, Read more about the operation and maintenance report of Project Highway.

Encroachments on Highways: FAQs

Currently it is Nil. will update in future based on the visitors quarries.

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