Section 3(3) in Kerala Highway (control of access and restriction on use of land) Rules, 2000
(3)The highway authority on receipt of an application under sub rule (1) shall verify it for its correctness and issue a permission in writing to the applicant together with a copy of the approved drawing within two months from the date of receipt of application, subject to the following conditions,-(i)A motorable approach should have a minimum width of 3.50 m and a gradient not exceeding 10%.(ii)The portion of the approach road joining with the highway shall have a bellmouth opening with a minimum of 11.0 m radius for the curves on either side of the bellmouth. The highest level at any point on the approach shall not be raised above the lowest level of the carriageway.(iii)A concrete or rubble masonry drain shall be constructed across the approach at the extreme end of the highway land and shall have a minimum opening of 60 cm x 60 cm and the drain shall be covered by a reinforced concrete slab of 18 cm minimum thickness or as may be necessary. Alternatively the drain may be constructed using non-pressure concrete pipes of 75 cm or more internal diameter.(iv)The levels of the approach road shall be reasonably compatible with the shoulder or footpath, which it crosses.(v)The applicant shall, within three months from date of receipt of the permission, but without interfering in any way with the road traffic, complete the construction of the approach road and shall make provision for drainage to the full satisfaction of the Highway Authority in-charge of the Highway, according to the approved drawings and specifications. The said approach road shall not be brought into use after its completion unless the Highway Authority gives a completion certificate after being satisfied that it has been completed according to the sanctioned drawings and specifications.(vi)On the completion of the said work, that part of the approach road, which lies within the limits of the highway land together with any culvert or drain therein constructed shall become the absolute property of the Government, subject to the rights of the applicant to use the same for access and egress.(vii)The applicant shall at his own cost keep the said culvert or drain therein, in proper repair and condition to the satisfaction of the Highway Authority.(viii)Within six months of a notice duly given to the applicant in this behalf, the applicant shall at his own cost remove the said approach road or any drainage work constructed in connection therewith and restore the land to its original condition, when required to do so by the highway authority or by any person duly authorised on its behalf. The applicant shall not be entitled to any compensation on account of such removal and restoration.(ix)The approach road within the boundary of the highway shall not be used for any purpose other than that of access to and egress from the premises of the applicant on to the highway.(x)The applicant shall not, without the previous permission in writing of the highway authority in any way extend or alter the said approach road or any culvert or drainage therein.(xi)The applicant shall at all times permit any duly authorised officer or servant of the Government to inspect the said approach road including any culvert or drainage therein.(xii)The applicant shall be liable for any loss or damage caused to the Government by drainage obstruction or any other like cause due to the said approach road or the drainage work.(xiii)The permission granted shall not in any way be deemed to convey to the applicant any right into or over, or any interest in highway land other than that herein expressly granted.(xiv)In case the said approach road is destroyed the applicant shall be entitled to construct another approach road in lieu of that so destroyed.(xv)During the existence of the permission, the said approach road including the road drainage shall be deemed to have been constructed and continued only by the consent and permission of the highway authority so that the right of the applicant to use the same shall not become absolute and indefinable by lapse of time.(xvi)If the applicant fails to execute any work he has agreed to be executed to the full satisfaction of the highway authority the work shall be executed by the highway authority at the cost of applicant and the expenditure incurred shall be recoverable from applicant as an arrear of land revenue without prejudice to any other remedies which may be open to highway authority in this behalf.(xvii)If and when parallel service roads are constructed the access to the premises shall be from the service road alone as determined by the highway authority and no claim for compensation shall be entertained on that account.(xviii)The permission shall remain in force in perpetuity.(xix)The permission granted shall only be transferable to successor owner of the said property.
