Petitioner claimed interference with his land access for constructing a highway accessory. Court held reliance is on the National Highways Act, 2002. Disposed of petition with liberty to file application under the Act within one week.
Writ petition disposed; liberty to file application under Section 29 of the Act within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.18532 of 2020
ORDER :
Heard Sri V.Siva Prasad Reddy, learned counsel for the petitioner, learned Assistant Solicitor General for Union of India for R1 and Sri S.S.Varma, learned Standing Counsel appearing for the respondent Nos.2 to 4.
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“28 . Right of access .—(1) No person shall have right of access to a Highway either through any vehicle or on foot by a group of five or more persons except permitted by the Highway Administration either generally or specifically in the manner specified in section 29.(2) The access to a Highway under subsection (1) shall be subject to the guidelines and instructions issued by the Central Government from time to time.(3) The Highway Administration may, by notification in the Official Gazette, declare a Highway or any portion thereof to be limited for access in the manner as specified in such notification and may also impose any restriction or control on such access to, from or across such Highway as specified in that notification.
29. Procedure for permission to access to Highway .—(1) The general permission under sub-section (1) of section 28 shall be given by issuing notification in the Official Gazette for such purpose and specific permission under that sub-section shall be given in the manner specified hereinafter under this section.(2) Any person desirous of obtaining specific permission referred to in subsection (1) may make an application in the prescribed form to the Highway Administration specifying therein the means of access to which such permission relates and shall also be accompanied with such fees as may be prescribed and the Highway Administration shall, after considering the application either give the permission with or without the terms and conditions as may be prescribed or reject the application as it may deem fit.(3) In case,
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where the permission has been given in respect of the application made under sub-section (2), the person to whom such permission has been given shall obtain the licence from the Highway Administration in the prescribed form enumerating therein the terms and conditions, if any, subject to which such permission has been given, and such permission shall be renewed after such period and in such manner as may be prescribed.(4) If any person contravenes the provisions of sub-section (1) of section 28 or violates any terms and conditions subject to which permission has been given under sub-Section (2) including non-renewal of licence obtained under sub-section (3), his access to Highway under the permission under sub-section (1) or sub-section (3), as the case may be, shall be deemed to be unauthorised access and the Highway Administration or the officer authorised by such Administration shall have the power to remove such access and where necessary, the Highway Administration or such officer may use the necessary force with the assistance of the police to remove such access.
30. Regulation or diversion of access, etc .—(1) Notwithstanding any permission given under sub-section (1) or subsection (2) of section 29, the Highway Administration shall have the power in the interest of the safety and convenience of the traffic to refuse, regulate or divert any proposed or existing access to the Highway. (2) Where an existing access is diverted, the alternative access given in lieu thereof shall not be unreasonably distant from the existing access”.
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form to the Highway Administration, specifying therein the means of access to which such permission relates, and the said application needs to be accompanied by prescribed fee and, if any such application is made, the Highway Administration has to consider the same and it is open for the Administration either to give permission with or without the terms and conditions as may be prescribed or reject the application as it may deem fit.
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closed.
A.V.SESHA SAI,J 12th October, 2020. Tsy
1 issue framed by the court
Whether the petitioner has a right to object to the National Highway authorities' action of constructing a truck lay bay rest room which he claims blocks his ingress and egress.
4 provisions across 1 enactments
Petitioner
National Highway authorities
Executive Engineer
Union of India
Respondent Nos.2 to 4
A.V. SESA SAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
