𝐂𝐚𝐥𝐥𝐬 𝐆𝐫𝐨𝐰 𝐅𝐨𝐫 𝐂𝐥𝐞𝐚𝐫 𝐑𝐮𝐥𝐞𝐬 𝐎𝐧 𝐑𝐨𝐚𝐝 𝐑𝐢𝐠𝐡𝐭 𝐎𝐟 𝐖𝐚𝐲 𝐈𝐦𝐩𝐥𝐞𝐦𝐞𝐧𝐭𝐚𝐭𝐢𝐨𝐧

…𝒎𝒊𝒏𝒊𝒔𝒕𝒓𝒚 𝒆𝒙𝒑𝒍𝒂𝒊𝒏𝒔 𝒍𝒆𝒈𝒂𝒍 𝒃𝒂𝒄𝒌𝒈𝒓𝒐𝒖𝒏𝒅 𝒂𝒔 𝒍𝒐𝒄𝒂𝒍 𝒍𝒆𝒂𝒅𝒆𝒓𝒔 𝒄𝒂𝒍𝒍 𝒇𝒐𝒓 𝒇𝒂𝒊𝒓 𝒂𝒏𝒅 𝒖𝒏𝒊𝒇𝒐𝒓𝒎 𝒊𝒎𝒑𝒍𝒆𝒎𝒆𝒏𝒕𝒂𝒕𝒊𝒐𝒏

By Tashi Tshewang

A Member from the Drametse-Ngatshang Constituency, Kinzang Wangchuk, raised concerns to the Minister for Infrastructure and Transport regarding growing public grievances over the implementation of the Road Right of Way for Dzongkhag roads. The central issue highlighted was the acquisition of private land without compensation, which many landowners feel places an unfair burden on them. The concern is further compounded by inconsistent enforcement across the country. While the uncompensated Road Right of Way rule is being applied strictly in certain Dzongkhags such as Mongar, it is reportedly not implemented with the same level of strictness in other places. This has created perceptions of unequal treatment and uncertainty among affected communities.

Given these issues, the Member asked the Ministry to explain the reasons behind the stricter enforcement in only some regions and called for national guidelines that would bring clarity, fairness and consistency in the implementation of the Road Right of Way.

Responding to the concerns, the Minister for Infrastructure and Transport, Lyonpo Chandra Bahadur Gurung, stated that the Road Act first came into effect in 2004. At that time, the Act prescribed a uniform Right of Way of fifty feet from the centrelines for all roads. Road categories such as national highways, Dzongkhag roads and farm roads were not differentiated then, so the same standard applied even to what are now identified as Dzongkhag roads.

With the revision of the Road Act in 2013, the Right of Way requirements were categorised. National highways require fifty feet from the centreline, Dzongkhag roads require thirty feet, and farm roads require twenty feet. The Minister said that without such differentiated standards, it would become difficult in the future to upgrade or widen roads. He pointed to the Thimphu to Paro highway and the Phuentsholing highway as examples. Although these roads once appeared wide, they no longer have adequate space for expansion due to increasing traffic and roadside development. He added that houses built too close to the road compromise the safety of both residents and road users.

The Minister clarified that the government does not acquire private land unless necessary for road development. Landowners still have the right to use their property. They may build temporary structures for agriculture or business, but permanent structures are not allowed within the Right of Way. Challenges arise when road widening becomes necessary, as the government must then acquire small portions of private land. Records show that there are around 1,026 permanent structures or huts currently located within various Right of Way limits.

Work is underway to prepare national guidelines that will ensure consistent implementation across the country. The Minister also said that houses built before the Road Act of 2004 have not been forcibly removed. Owners may maintain these structures as long as the plinth area is not changed and the external structure remains the same, although internal renovations are allowed. However, any new structures built close to the road after the Act came into effect are considered illegal. If expansion becomes necessary in such areas, the government will ensure that compensation is provided. The Minister emphasised that the problem is not limited to Mongar, and similar challenges exist in several other Dzongkhags. The Ministry is reviewing the matter carefully to ensure fair and consistent implementation nationwide.

Dorji, Gup of Sherimung, said that enforcement of the Road Right of Way has a significant impact on the development activities and land use planning in the gewog. He said that many existing structures such as houses, shops, fences and farm sheds fall within the Road Right of Way, making it difficult to approve new construction or renovations. He added that it also limits the gewog’s ability to build roadside drainage, footpaths or utility lines without requiring clearance or relocation. Because of this, development activities often get delayed and landowners face difficulties in using their land, especially in settlements located close to the road.

He said that one of the biggest challenges is the lack of public awareness. “Many residents argue that their structures were built long before the rules were introduced, and they feel they should be exempt. When we try to explain the need for uniform implementation and safety, it often leads to disagreements. Enforcement becomes emotionally sensitive when relocation or demolition is required. People expect the gewog to negotiate exceptions, but that is not within our authority, because we must follow national rules.”

The Gup said that gewogs require clear, practical and nationally uniform guidelines on Road Right of Way implementation, particularly relating to legacy structures, compensation mechanisms and technical clarity. He said, “From a local governance perspective, we expect much clearer procedures from the Ministry, especially regarding structures already inside the Road Right of Way. We need standard procedures for compensation, relocation, or permissible adjustments so that decisions can be made consistently. Technical support in surveying and mapping is also essential because ambiguity often leads to disputes. Awareness programs led by the Ministry would help strengthen public understanding and reduce conflicts.”

He added that farmers have never received compensation for land affected by farm roads, even though their land use becomes heavily restricted. “In many gewogs, large portions of farmland, orchards, fencing areas and even home surroundings fall within the Road Right of Way, yet farmers still pay taxes on land they cannot use. When they apply for construction, renovation or fencing, the gewog must deny approval because their land lies inside the Right of Way. This leaves many farmers with very limited usable land. They feel unfairly penalized for infrastructure that benefits the whole community.

Gewogs need clear national policy direction on when compensation should be given, what type of land qualifies, whether land substitution is possible, how to treat old farm roads and how to resolve long-standing grievances. Without such guidelines, local leaders are left enforcing rules that restrict people’s rights without having any mechanisms to support them. For fair and transparent implementation, stronger policies, proper communication, training and a clear compensation framework are urgently required.”

A resident of Sherimung Gewog, Ugyen, said that the main road in the area was cleared long ago by the Public Works Department. At that time, no houses were dismantled, but some private land was affected. He said that even then, no compensation was provided to the landowners. He added that because the gewog is located in a remote region, residents did not receive compensation unlike other gewogs where land falls within town boundaries and is eligible for government compensation under town planning rules. This, he said, has created a sense of unequal treatment among villagers.

He said, “When we look at other places, we see temporary huts and shops built along government roads, and it makes us feel like the laws are not being applied equally. Maybe the laws exist, but ordinary people like us don’t understand why the same rules don’t apply everywhere.”