Direct access to highways for agricultural purposes is restricted to ensure safety and requires formal applications for approval.

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

Vide our order dated 15.09.202, we have captured the background of the matter, which is extracted as follows:

“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.

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.

3. List on 08.10.2025.

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

2.Report has ultimately been filed by the Project Director of National Highways Authority of India, wherein they have examined the request of the petitioners for access to his farmlands. Inspection was held in the presence of the farmers and after discussions, this is what the authorities state in their report:

“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.

6. It is further submitted that permitting individual agricultural entries or exits directly onto the carriageway would lead to frequent slow- moving 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.

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.

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. RW- NH-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.

9. In view of the above, it