Construction of road on private land without due process violates Article 300A right to property.

O R D E R

The petitioner is before this Court seeking for a direction to the respondents to remove the Government Thar Road in S.No.93/9B at Arambanoor II Pit, Arumbanoor Village, Madurai District.

2. The petitioner claims to be the joint owner of the S.No.93/9B-1 measuring to an extent of 0.23.70 ares. The petitioner states that the respondents without following due process of law has laid the Government road which is in violation of Article 300 A of the Constitution of India.

3. The 5^th respondent has filed counter affidavit stating that the Firka Surveyor, Arumbanur, has conducted a survey on 15.03.2024 and submitted a report stating that the said land jointly belongs to the petitioner and two other individuals and patta was assigned and patta bearing No. 406 was issued in their names and the Thar road is laid in the said land.

4. It is further stated that the Thar road serves as the public pathway enabling the people to travel from the nearby villages and the said road is the only access to Government Primary School, Primary Health Centre and E-Seva Centre, etc., 5. It is further stated that the said road was upgraded to District Road Standards and handed over to Highways Department on 27.10.2017 and the road was laid in 2021 and currently the said road is under the maintenance of the Highways Department.

6. In any event, the said land jointly belongs to the petitioner and two other individuals and the respondent before laying the Thar road on the said land ought to have followed due process of law. Without following due process of law, the respondent has laid the Thar road and the same is arbitrary and discriminatory.

7. Accordingly, the Writ Petition is disposed of directing the respondents to remove the unauthorized Thar road laid in S.No.93/9B-1 within a period of six(6) weeks from the date of receipt of a copy of this order.