Legal frame work for controlling ribbon development is provided by The Bombay Highways Act, 1955 and the National Highways Act, 1956. MLR Code, 1966.Ribbon Development is further restricted if the land situates, within the limits of any planning authority, such development shall be in conformity with the detailed land use provisions of the Development Plan, Planning Proposals, Town Planning Schemes, and the related Development Control Regulations as may be enforced by the concerned planning authorities for their respective areas, outside the limits of any planning authority, the development shall be in conformity with the detailed land use provisions of the Land use plan and the related Development Control Regulations as may be enforced by the concerned Special Planning Authority appointed for the Region.

 Where there is no Regional Plan, Development Plan or Town Planning Scheme, for development control standardized building bye laws and DC Rules for B. & C. Class municipal councils

are used by Town Planning Department while scrutinizing miscellaneous building permission cases and layouts received from the Collectors.

THE BOMBAY HIGHWAYS ACT, 1955.

The Bombay Highways Act empowers The State Government to declare any road, way or land to be a highway and classify it a

a.       a State highway;

b.       a major district road;

c.       other district road; or

d.       a village road.

LAND WIDTH FOR DIFFERENT CLASSES OF ROAD

For control /arresting ribbon development, the Act provides for;

1. Fixing building or control lines so as to limit building activity,
2. Restricting new access for the main Highway,
3. Diverting existing accesses by providing alternative connections at a reasonable distance.
4. Serving notice on encroachers and prosecuting them before a Magistrate,
5. Summary removal of encroachments if they are of temporary or trivial nature.
6.  Making property owners to alter the boundary walls, fences, hedges, trees, etc. so as not to cause obstruction of view, likely to cause danger,
7. Making property owners to alter advertisements so that there is no obstruction of view likely to cause danger.

Fixing building or control lines so as to limit building activity:-Minimum Distance between road and building from the centre of the road is depending upon name of the road and the area of the road.

STANDARDS FOR BUILDING LINES AND CONTROL LINES

Building:- “building” includes any erection of whatsoever material and in whatsoever manner constructed (including a farm building for agricultural purposes) and also includes plinths, door-steps, walls (including compound walls and fences) advertisement boards etc

Building Line:- “Building line” means a line on either side of any highway or part of a highway fixed in respect of such highway.

Control Line:-“control line” means a line on either side of a highway or part of a highway beyond the building line fixed in respect of such highway.

RESTRICTIONS ON BUILDINGS BETWEEN HIGHWAY BOUNDARY AND BUILDING LINE AND BETWEEN BUILDING AND CONTROL LINES:-

The act says that,

No person shall, without the previous permission in writing of the Highway Authority,—

on a land lying between the highway boundary and the building line

a)       construct, form or lay out any means of access to, or from, a highway, or

b)       erect any building, or

c)       materially alter any existing building, or

d)       make or extend any excavation, or

e)       construct, form or lay out any works, or

on a land lying between the building line and the control line (i) construct, form or lay out any means of access to, or from, a highway, or

a)       (ii) erect any building, or

b)       (iii) materially alter any existing building;

use any building or alter the use of any building already erected in a manner which in the opinion of Highway Authority, will, in any manner whatsoever, infringe any of the provisions of this Act or interfere with the use of a highway adjoining the land on which such building is erected.

On classified roads, the building shall be constructed in accordance with the set back prescribed by the Highway Authorities or if applicable as per setback distance mentioned in the M.L.R. Code, 1966.

THE SETBACK DISTANCE MENTIONED IN THE M.L.R. CODE - 1966

Restricting new access for the main Highway:-

Parallel service roads for 2 ways traffic is required to planned as an essential part of any scheme for erecting buildings and factories on the land abutting the highway and provision for these made in the layout from the very beginning. The development shall have to be separated from such highway by a parallel service road at least 12.00 m. wide

Essential highway amenities and services, namely, petrol pump, service station including emergency repair services, restaurants, parking lots, motels, police check-post, toll station, octroi post shall be permitted direct access from the EW, NH and SH. Such access shall be provided with proper lay-by as per the guidelines specified by the Indian Road Congress.

Ribbon development is possible only after suitable permission granted by concern authority. Developer has to obtain No Objection Certificate from Highway Authority or other appropriate authority. Government of Maharashtra has appointed Executive Engineers of Public Works Department as the Highway Authority for their respective divisions.

The proposal for approach road is to be given by developer to the Chief Engineer/ concern Executive Engineer of National Highway Division if the development is adjacent to National Highway and to the Chief Engineer/ concern Executive Engineer of Public Works Division/Zilla Parishad (Works) Division If it is adjacent to the State Highway /Major District Road/Other District Road/Village Road.

In case of private properties also the access will be given from parallel service road if available.
In absence of parallel service road no two access points shall be permitted depend upon area to area and as per Development Control Regulation applicable to the area.

In order to have control over Ribbon Development along National Highways access to private properties from National Highway are restricted as per guidelines given in IRC-62 and MOST’s Circular No.NHIII/P/72/76 dated 13.1.77.

With increase in motor car ownership roads have increasingly become an important means of transport in the country. Purchasing property abutting to road more particularly to National and State Highway is the first choice of investor. Developer always prefers to develop property along the road because they did not have to waste money or plot space constructing roads and the properties are easily saleable. Development along road is not only restricted to residential purpose only but for other developments such as industrial units, essential highway amenities and services namely, petrol pump, service station including emergency repair services, restaurants, motels, and roadside advertisements.

When development takes place linearly along a highway with direct access to the highway it is called “Ribbon Development. Ribbon Development along arterial highways has made significantly bad effect on efficiency of road transport particularly near developing towns. Efficiency of road transport is mainly reduced because of inadequate width of the highway, local traffic nearby urbanize area, uncontrolled proliferation of access points to the highway, uncontrolled building activities, roadside advertisement and encroachments. Under the circumstances above it felt necessary to control the ribbon development.