Regulations for Access from NHA Controlled Network

1.1. Background.

a. NHA Network consists of:

i. Controlled Access i.e. Motorways/ Expressways /Link Roads: Interchanges are

constructed for approach to/from controlled access network. These Interchanges
are constructed through PSDP/project cost. Link roads also make part of controlled
access.

ii. Non-controlled Access Roads and Highways/ Strategic Roads: Access from
highways is made through ramps/acceleration/deceleration lanes or through service
roads as approaches. NHA issues NOC for approach to National Highway
Network through its RoW and charges NOC fee as well as approach rentals.

b. NHA has been receiving request from private sector, particularly housing societies for
access to NHA controlled network through construction of interchange at their own
expenses.

c. Although a policy for housing societies already existed, but need for making it more
comprehensive and futuristic was felt, as approved by NHEB in its 314th meeting held on
January 10, 2019 instead of keeping it sector specific.

d. Hence inclusion of following sectors in the new regulations on the subject, as granting
such permissions carries huge revenue potential.

i. Housing Societies
ii. Medical Cities
iii. Education Cities
iv. Industrial / Commercial Hubs
v. Factory Outlets
vi. Theme Parks

e. Hence certain amendments were proposed in Policy for Access to NHA Controlled
Network by Housing Societies earlier approved by NHA Executive Board in its 240th
meeting held on November 12, 2014.

f. These amendments were presented before NHA Executive Board in its 314th meeting held
on January 10, 2019. NHEB approved Regulations for Access to NHA Controlled
Network.

g. Thereafter, same is presented before NHC in its 33rd meeting held on February 25, 2019
for consideration. NHC also approved these Regulations.
1.2. Preamble.

a. Should there emerge a requirement of an interchange on motorways/expressways/link

roads required by a Housing Society, Medical City, Education City,
Industrial/Commercial Hub, Factory Outlet, Theme Park or any such like enterprise for
access. NHA shall follow the Regulations.

b. Provided except for requirement of GOP for national interest, NHA shall not allow
interchange for access to (or) from Motorway/expressway/link road within 10 kms of an
existing interchange on the Motorway/ Expressway/Link Road.

1.3. Conditions for Provisional Acceptance.

a. An Entity i.e. Housing Society, Medical City, Education City, Industrial/Commercial

Hub, Factory Outlets, Theme Park and other (to be determined by NHA Executive
Board) will submit formal request in writing.

b. An Entity shall have ownership/mutation in its own name, having a minimum area as per
Schedule-I.

c. An Entity shall submit the following along with request:

i. Detailed development plan approved by the relevant authority.

ii. Detailed services plan approved by the relevant authority.

iii. Mandatory NOCs from relevant Departments/ Ministries.

iv. Specified time limit for completion of the project.

v. Certificate of infrastructure completion upto 40% certified by the relevant

Government Department which approved the development plan.

vi. One time processing fee (non-refundable) of Rs.5 million with the request.

vii. 25% of the total NOC Fee as described in Schedule-I.

d. NHA shall scrutinize the request to confirm that there is no conflict for strategic reasons,
road safety and smooth flow of traffic or any other sensitivities.

e. Traffic impact study carried out on the expense of the applicant by an engineering
consultant shall be submitted for approval by NHA.

f. Geometric study/highway safety audit report prepared on the expense of the applicant by
an engineering consultant shall be submitted for approval by NHA.

g. Interchange and affiliated works shall be designed, estimated and constructed by NHA as
deposit works.
 h. In case of change of title/ownership, fresh NOC shall be obtained from NHA.

i. In case of addition of land/expansion, fresh NOC shall be obtained from NHA.

j. On fulfilment of these conditions, NHA ROW Section will issue them letter of
Provisional Acceptance after approval from Chairman NHA.

k. This Provisional Acceptance shall be valid for a period of two years from the date of
issuance. The same shall stand revoked on expiry of validity period.

l. The 25% NOC fee deposited at the time of submission of application shall be refunded,
in case Clause (k) is invoked.

m. Provisional Acceptance shall not be used for advertisement/promotional purposes by any

means including electronic, print and social media until grant of Formal Approval.

n. The 25% NOC fee shall be forfeited in case Clause (m) is violated/not adhered to.

o. Road safety certificate will be requested from NH&MP duly approved by IG (NH&MP)
before provisional acceptance.

1.4. Conditions for Formal Approval.

a. The Entity shall apply for formal approval on completion of 75% of infrastructure
development.

b. Applicant will provide undertaking on judicial paper regarding completion of

infrastructure development up to 75%, certified by relevant Government department
which approved the development plan.

c. Adequate land, free of all encumbrances, will be mutated, for construction of interchange
outside the fence / ROW including loop land, in the name of NHA without any cost to
NHA.

d. The land shall remain the property of NHA and shall not be given back, in case of
demolition / removal etc. of the structure in future. Hence, new ROW will be defined.

e. On fulfilment of these conditions, NHA will issue NOC to the applicant after Formal
Approval by Executive Board.

1.5. Operation and Management.

a. NHA shall own, operate or cause to operate the toll plazas.

b. 100% toll shall be retained by NHA as a matter of right.

c. Toll exemption shall be applicable to vehicle as per rules and regulations of NHA.
 d. If toll collection is not equal to cost of operations and maintenance, the applicant shall
pay the deficit of toll collection on monthly basis till the time when such expenses and
toll collection eventually becomes equal.

e. The level of service and maintenance requirements shall be pre-agreed and become the
part of agreement as determined by NHA.

f. NHA shall reserve the right to close the interchange for reasons attributable to either the
State requirements and in case of defaults or termination of contract following prescribed
procedures.

g. The applicant shall not do any other business or activity except the specific business or
activity as shall be approved by NHA and covered under the laws of Pakistan.

h. All the prevalent laws of the land, including NHSO-2000, applicable on Motorways/
Expressways/Link Roads shall be applicable to the so constructed interchanges.

i. No hoarding/advertisement shall be permissible except directional/traffic signs approved

by NHA. These signs shall also be paid by the applicant as per NHA Rules and
Regulations.

j. The applicant shall promptly act on legitimate directions of NHA within specified time.

1.6. Schedule-I. NHA shall charge NOC Fee (one time) for construction of new interchange, as per
table below:

Type of Amenity Minimum Land Required NOC Fee Processing Fee

(kanals/Acres) per kanal (One time non-refundable)
(PKR) (PKR)
Housing Society 4000 kanals (500 Acres) 60,000
Medical City 2000 kanals (250 Acres) 50,000
Education City 5 Million
Industrial / 2800 kanals (350 Acres) 60,000
Commercial Hub
Factory Outlets 2800 kanals (350 Acres)
Theme Park 1600 kanals (200 Acres)

• Provided that in case of establishment of subsequent multiple projects/schemes availing

access from so constructed interchange, 100% original NOC fee shall be charged on one
time basis.

• Provided further, in case of request for access through modification in so constructed

interchanges, all above conditions including NOC fee shall be applicable.

• Provided further, the entity having constructed such Interchange will not permit any
other subsequent entity to use the same unless so permitted by NHA through process of
granting of fresh NOC as per these regulations.