Guidelines for Determining Right of Way (ROW)

The Department of Roads (DoR) under the Ministry of Physical Infrastructure and Transport, Government of Nepal, is responsible for the planning, construction, and maintenance of the National Highways. The Right of Way (ROW) or land width is defined as the width of land acquired for a road along its alignment, sufficient to accommodate all cross-sectional elements of the highway, including carriageways, shoulders, medians, drainage systems, and provisions for future expansion. The ROW also incorporates public utilities, control lines and building lines to regulate development and prevent ribbon development along highways, ensuring safety and efficient land use. Current practices are often inconsistent and based on historical precedents rather than technical analysis. This has led to:

• Inadequate ROW: Many approved National Highways have undefined or insufficient ROW, leading to severe ribbon development, traffic congestion, and high accident rates.
• Legal Ambiguity: While the Roads Act, 2031 (1974) and the Land Acquisition Act, 2034 (1977) provide the legal basis for land acquisition, they lack detailed technical criteria for determining the quantum of land required, leading to disputes and delays.
• High Future Costs: The need to widen or upgrade highways trapped in narrow corridors results in exorbitant costs for re-acquisition and rehabilitation.
• Safety Hazards: The inability to provide safety features like wide shoulders, non-traversable medians, and proper sight distances due to space constraints.
• Increased Total Transport Cost: The DoR, Nepal aims “Reduction of Total Transport Cost” as end goal and improve national connectivity but can unintentionally increase total transport costs because of the compromise in alignment, RoW corridor and other road element. Designated routes may be longer or inefficient, leading to higher fuel use and travel time. Poor highway geometry and inadequate safety features can increase accident rates and associated costs.