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2025 Supreme(Mad) 5303
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN, JJ.
M. Dilipan S/o Muthaiya – Appellant
Versus
The District Collector, Perambalur – Respondent
W.P. No. 39871 of 2025
Decided On : 11-12-2025
For the Appellant : N. Manokaran
For the Respondents: P. Kumaresan, S. Senthil Murugan
Unauthorized construction violating public safety regulations necessitates removal under the Tamil Nadu Highways Act, highlighting the requirement for prior permissions for any encroaching structures.
Headnote:(A) Tamil Nadu Highways Act, 2001 - Section 26(2) and Section 28(2)(ii) - Eviction order for unauthorized construction on highway property - Petitioner constructed reinforced concrete slab affecting bridge integrity without proper permissions - Highways authorities found construction dangerous to public safety and obstructive to drainage - Petitioner’s claims rejected based on inspection reports indicating public risk and unauthorized status. (Paras 1, 5, 6, 8)
(B) Encroachment - Definitions and regulations regarding temporary structures - The construction of a permanent structure without authorization is prohibited, and any application under Section 26(2) only allows temporary permissions.
Facts of the case:
The petitioner challenged an eviction order related to unauthorized construction on public highway property, which includes a reinforced concrete slab deemed detrimental to a nearby bridge and public safety. Despite a directive from the court to consider his representation, the District Collector denied the request, highlighting ongoing construction in violation of regulations.
Findings of Court:
The inspection detailed the petitioner’s encroachment and the resultant hazards; thus, the reinforced concrete slab must be removed to ensure the safety and security of road users, aligning with the Highways Act.
Issues: The primary issues addressed were the legality of the construction without proper permits and its impact on public safety.
Ratio Decidendi: The court emphasized the importance of adhering to expert reports in safety matters. Unauthorized constructions in proximity to major public infrastructure, such as highways, conflict with public interest and legal provisions set out in the Highways Act. The court stated that the petitioner's claim for access or permission for such permanent structure breaches the regulations of the Act.
Result: The writ petition is dismissed. No costs.
| Table of Content |
|---|
| 1. unauthorized construction and encroachment issues. (Para 1 , 2 , 5) |
| 2. arguments on the structural integrity of the bridge. (Para 3 , 4) |
| 3. expert report considerations for public safety. (Para 6 , 7) |
| 4. decision on removal of unauthorized construction. (Para 8) |
| 5. final dismissal of the writ petition. (Para 9) |
ORDER :
1. The present writ petition has been instituted challenging the final order dated 16.10.2025, passed by Assistant Divisional Engineer, for eviction from the encroached portion of the Highway property by invoking provisions of Tamil Nadu Highways Act, 2001.
2. During inspection, Highway authorities found that petitioner has constructed reinforced concrete slab, which would affect the bridge situate in the main road. Action was initiated and an order was passed by Assistant Divisional Engineer in Proceedings, dated 04.08.2025. The said order came to be challenged by the petitioner in W.P.No.31006 of 2025. The Division Bench passed final orders on 18.08.2025, directing the authorities to consider the representation submitted by the writ petitioner on 28.07.2025 by District Collector. Pursuant to the directions, District Collector considered and rejected the request of the petitioner for temporary usage of the Highways property from his patta land. In disobedience, petitioner continued the construction and that apart, learned Additional Advocate General would contend that the entire commercial building is an unauthorized construction, and no building plan permission has been obtained from the local authority.
3. Learned counsel for the petitioner would submit that construction of reinforced concrete slab would provide strength to the bridge situated in the main road. Therefore, there is no reason for the authorities to reject the claim.
4. Learned Additional Advocate General appearing on behalf of the respondents would oppose by stating that any construction of reinforced concrete slab will weaken the bridge, already constructed in the Highways road.
5. It is uselful to extract the inspection report dated 11.11.2025 by the Divisional Engineer, Highways and Assistant Divisional Engineer, Highways and the said report is extracted as follows:
“7. I humbly submit the inspection report dated 11.11.2025 by the 2nd and 3rd Respondents as follows:
"i. Survey No. 334, located in Perambalur North Village, Perambalur Taluk, Perambalur District is classified in the Revenue Department records as Government Poramboke Pathway.
ii. The Reinforced Cement Concrete (RCC) slab constructed by the petitioner has been laid adjacent to the Thuraiyur-Perambalur Road State Highway at Km 37/6, under the jurisdiction of the Perambalur Highways (Construction & Maintenance) Division, on the left side of the bridge (upstream side) within Survey No. 334 of Perambalur North Village. This slab connects the top deck of the bridge and the building under construction by the petitioner situated to the south in Survey No. 334/10B2 (Perambalur North Village).
iii.The bridge consists of two spans of 6.60 meters, with a total length of 22.00 meters, a width of 36.00 meters, a deck slab thickness of 0.55 meters, and a vent height of 2.00 meters.
iv. The RCC slab illegally constructed by the petitioner measures approximately 20.00 meters (north), 22.00 meters (south), 5.20 meters (west), and 3.00 meters (east) covering a total encroached area of about 87.00 square meters, as per the Revenue Department's report.
v. The petitioner's house site measures 14.00 m (north), 21.40 m (south), 18.80 m (east), and 10.80 m (west), with the constructed building itself measuring 13.70 m (north), 19.00 m (south), 16.80m (east), and 8.60 m (west).
vi. The ground level of the petitioner's site and the bed level of the water channel are 2.50 meters below the level of the road on the bridge deck.
vii. Rainwater from the northern part of Perambalur town flows through the city and enters the bridge vent through a curved shape channel, eventually reaching the Thuraimangalam Lake
