Ashok Vs the Government of India

1.The Government of India, Represented by its Secretary, Ministry of Road Transport and Highways, Transport Bhavan, No.1, Parliament Street, New Delhi.

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2.The National Highway Authority of India, G 5 and 6, Sector 10, Dwarka, New Delhi.

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3.The District Collector, Tiruchirappalli, Tiruchirappalli District.

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4.The Competent Authority, District Revenue Officer (Acquisitions), Old Collector's Office, 2^nd Floor, Tiruchirapalli, Tiruchirappalli District.

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... Respondents

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https://www.mhc.tn.gov.in/judis

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PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set

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W.A(MD)Nos.937 & 316 of 2023

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PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order made in W.P.(MD)No.9410 of 2021 dated 11.10.2022 on the file of this Court.

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2.W.A(MD)No.316 of 2023 :

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Jayakumar

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... Appellant/Writ Petitioner

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Vs.

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1.The Government of India, Represented by its Secretary, Ministry of Road Transport and Highways, Transport Bhavan, No.1, Parliament Street, New Delhi.

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2.The National Highway Authority of India, G 5 and 6, Sector 10, Dwarka, New Delhi.

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3.The District Collector, Tiruchirappalli, Tiruchirappalli District.

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4.The Competent Authority, District Revenue Officer (Acquisitions), Old Collector's Office, 2^nd Floor, Tiruchirapalli, Tiruchirappalli District.

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... Respondents

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PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order made in W.P.(MD)No.9407 of 2021 dated 11.10.2022 on the file of this Court.

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In both W.As :

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For Appellant : Mr.A.Mohamed Ashfalk for Mr.T.Cibi Chakraborthy For Respondents : Mr.K.Govindarajan (R1) Deputy Solicitor General of India

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https://www.mhc.tn.gov.in/judis

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W.A(MD)Nos.937 & 316 of 2023

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: Mr.B.Naveen Kumar (R2) for Mr.S.Sivakumar : Mr.S.P.Maharajan (R3 & R4) Special Government Pleader

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COMMON ORDER

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(Order of the Court was made by DR.ANITA SUMANTH, J.)

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Vide our order dated 15.09.202, we have captured the

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background of the matter, which is extracted as follows:

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“ The grievance of Mr.T.Cibi Chakraborthy, appearing on behalf of the appellant is that they have no access to their land and that they are denied the benefit of the water body for use in their agricultural lands.

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2. Mr.T.Cibi Chakraborthy, appearing for the appellants does not challenge the impugned order of the writ court on the merits of the acquisition itself and he would acquiesce to the position that the project is complete as on date. He would restrict his submissions to the aspect of access of the petitioners to their lands and to the water body in the vicinity. In order to ascertain that there could be any possibility of providing the access sought, Mr.B.Naveen Kumar, who appears for R2 will ensure that an authority is deputed to examine the feasibility of the request. Let a report be filed prior to the next date of hearing.

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3. List on 08.10.2025.

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4. Petitioners are at liberty to take necessary steps to obtain payment of the compensation deposited in the competent court.”

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2.Report has ultimately been filed by the Project Director of

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National Highways Authority of India, wherein they have examined the request of the petitioners for access to his farmlands. Inspection was

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https://www.mhc.tn.gov.in/judis

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W.A(MD)Nos.937 & 316 of 2023

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held in the presence of the farmers and after discussions, this is what the authorities state in their report:

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“ 5.It is respectfully submitted that direct access to National Highways for agricultural purposes is generally not permitted, considering the safety of road users and to ensure smooth flow of traffic. Access is ordinarily allowed through existing branch roads, service roads, or adjacent agricultural paths. This principle is uniformly followed across all National Highways under the control of NHAI to prevent accidents and to avoid interference with high-speed vehicular movement.

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6. It is further submitted that permitting individual agricultural entries or exits directly onto the carriageway would lead to frequent slowmoving crossings by tractors and livestock, thereby creating bottlenecks and posing grave risk to both local users and highway traffic. Such unregulated openings also compromise the integrity of the highway's controlled-access design, undermine the function of median and boundary protections, and increase maintenance liabilities due to soil ingress, water stagnation, and surface damage from unpaved farm tracks.

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7. Moreover, allowing direct access would defeat the purpose of providing designated underpasses, overpasses, and service roads planned during the project stage in accordance with IRC guidelines and the Ministry of Road Transport and Highways circulars on access control. It is therefore a consistent policy of NHAI that agricultural lands abutting the right-of-way shall be provided connectivity only through duly approved junctions or service roads to ensure both safety and operational efficiency of the National Highway system.

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8. For uniformity and safety, the Ministry of Road Transport and Highways (MoRTH) has issued the Guidelines for Grant of Access Permission to Adjacent Lands/Properties vide Circular No. RWNH-33032/01/2017-S&R(R) dated 26.06.2020, as amended by Policy Circular dated 21.08.2023. As per Clause 2.11(B)(1) of the above Guidelines, access permission for agricultural farms in open stretches (rural or urban) may be granted only through a service or slip road in the case of divided carriageways (4-lane or above). Where such service roads or acceleration/deceleration lanes are absent, direct access shall be disconnected. Further, the applicant is required to construct the service road, wherever necessary, in accordance with NHAI's design standards.

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9. In view of the above, it is submitted that a temporary human

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https://www.mhc.tn.gov.in/judis

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W.A(MD)Nos.937 & 316 of 2023

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passage may be permitted at Km. 207+720 (LHS & RHS) by removing one bay (approximately 2 metres) of the crash barrier only for agricultural purposes. For permanent access, the petitioners may be directed to submit a formal application under the MoRTH Guidelines dated 26.06.2020 for technical scrutiny and approval. Under the aforesaid facts and circumstances, it is humbly prayed that this Hon'ble Court may be pleased to:

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(a) condone the delay in filing the present report, and

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(b) waive the cost of ?50,000/- imposed by this Hon'ble Court in the interests of justice and equity and pass any other orders as may be fit and proper in the facts and circumstances four case and thus render justice.”

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3.Mr.A.Mohamed Ashfalk, learned counsel for

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Mr.Cibi Chakraborthy, learned counsel, acquiesces to the position that the question of access would have to be finalized by way of negotiations inter se the parties. He agrees that the proper course of action is for an application to be filed and states that one will be made. He however expresses concerns with the annexures to the application, which may involve engaging of experts to provide various details called for in the application.

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4.This is not a matter that can be negotiated, as, if the petitioners are particular about the access, the application undoubtedly has to be in proper format and contain the requisite details as per the applicable Rules and guidelines.

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5.With this, and as we feel that there would be nothing further

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https://www.mhc.tn.gov.in/judis

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W.A(MD)Nos.937 & 316 of 2023

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to be gained by keeping the writ petitions pending any further, recording the position of the National Highways Authority to the effect that access sought for will be considered by them on receipt of the application, and expeditiously, we close these writ petitions.

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6.The appellants state that the application will be filed immediately, in which case, the same will be considered expeditiously by the competent authority, and in any event, within a period of eight (8) weeks from date of receipt thereof, assuming that the application is complete in all respects. No costs. Consequently, connected miscellaneous petition is closed.

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[A.S.M.J.,] & [C.K.J.,] 12.11.2025

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Index :Yes/No Internet :Yes ta To 1.The Secretary, Ministry of Road Transport and Highways, Transport Bhavan, No.1, Parliament Street, New Delhi.

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