ORDER:

This writ petition has been filed seeking to declare the action of the respondents, more particularly of respondent No.2, in not taking action against respondent No.3 on the specific representation dated 07.03.2023 submitted by the petitioner regarding illegal and unauthorized alignment and laying of service road adjacent to the highway road and to the petitioner’s property as illegal, arbitrary and violative of rules and regulations in force and for the appropriate reliefs.

2. The petitioner claims to be the absolute owner and possessor of land admeasuring Ac.04.20 gutnas in Survey No.341A4 and Ac.1.20 guntas in Survey No.341A2 situated in Chattanpally Village, Farooqnagar Mandal, Ranga Reddy District. The case of the petitioner is that respondent No.3, who is the neighbouring land owner, without obtaining any permission or approval from the concerned authorities, started laying of a service road adjacent to his land, which connects to the Highway, thereby not only causing obstruction to the egress and ingress to his land, but also posing threat to general public as there are heavy vehicles that move at high speed. The grievance of the petitioner is that though he submitted a representation/letter dated 07.03.2024 on the file of respondent No.2 ventilating his grievance, so far no action has been taken thereon.

3. A counter affidavit has been filed by respondent No.2, inter alia, stating that the respondent No.3 herein being the owner of private property in Survey No.340/A situated adjacent to the National Highway Hyderabad-Banglore Section of NH-44 at Chattanpally Village, Farooqnagar Mandal, Ranga Reddy District, made an application requesting provisional permission for access to his private property; he also applied for the permission to lay service road including acceleration and deceleration lanes over the existing cart tract to access to his private property; since the permission for access to National Highways are governed by the provisions of the Control of National Highways (Lane and Traffic) Act, 2002 (for short “the Act”) and since as per the provisions of Sections 28 and 29 of the Act, Highway Administration may grant provisional access to Highways upon applications submitted by any persons, respondent No.2 vide letter dated 30.05.2202 bearing No. NHAI/RO-HYD/25011/2/61/2022/A-P/Pvt.Prop/588 granted provisional access permission to the private property of respondent No.3; as per the said permission, service road construction was commenced by respondent No.3; respondent No.3 also deposited requisite licence fee and complied with all the requirements as per the approved layout plan and as such, respondent No.2 accorded permission to respondent No.3 for laying of service road to access his private property after following due process of law, rules and regulations and in accordance with the safety guidelines issued by the Ministry, IRC (Indian Road Congress) and MoRTH norms; and no illegal construction is done by respondent No.3 as alleged by the petitioner.

4. In view of same, as it is evident that respondent No.3 carried out construction of service road activities, duly obtaining permission from respondent No.2, strictly in terms of the provisions of the Act, this Court is of the opinion that the writ petition as filed is misconceived and no relief as sought in the writ petition can be granted in favour of the petitioner.

5. The writ petition is accordingly dismissed.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. There shall be no order as to costs.

___________________________ C.V. BHASKAR REDDY, J

07.08.2024 JSU