IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 39183 OF 2025

06.03.2026 Between:

Niloufer Afshan .. Petitioner And Union of India, Rep. by its Secretary, Home Affairs, New Delhi & others.

..Respondents

O R D E R:

This Writ Petition is filed under Article 226 of the Constitution to declare the inaction of Respondent No.2 in removing the Foot Over Bridge situated on National Highway No.7 towards Aramgarh Junction, Ranga Reddy District, opposite the main gate of Respondent No.2 institution, as illegal, arbitrary, unconstitutional, violative of the Control of National Highways (Land and Traffic) Act, 2002 and as posing a grave threat to public life and property, and consequently to direct removal of the said structure.

2. The case of petitioner is that in 2016, Respondent No.2 – Police Academy constructed the Foot Over Bridge at a cost of approximately Rs.3 crores to enable its employees and IPS probationers to cross the road. It is pleaded that one side of the staircase and supporting pillars were erected in private patta land under Survey No. 50/2 belonging to M/s Kishore Sons Investments and the same was challenged before this Court in Writ Petition No. 20266 of 2016. The said Writ Petition was disposed of upon submission by Respondent No.2 that the land of petitioner therein would not be affected. It is further pleaded that thereafter, a road widening project from Aramgarh to Bahadurpur was undertaken and a flyover was constructed in 2022. According to petitioner, due to widening and extension of the carriageway, the staircase and supporting pillars on the stretch from Hasan Nagar to Aramgarh Junction now stand within the active portion of National Highway No.7, thereby positioning the structure in the middle of the highway. It is stated that although the flyover has been inaugurated for more than one year, the Foot Over Bridge has not been removed.

2.1. Petitioner, who is a resident of Raghavendra Nagar Colony opposite Respondent No.2 institution and an advocate by profession, states that she has been a daily commuter for the past 18 years and frequently travels at about 10:30 p.m. and 11:00 p.m. She asserts that on two occasions, she narrowly escaped colliding with the structure when heavy vehicles attempted to overtake her from both sides. It is further pleaded that the highway is a busy corridor leading to industrial areas and towards Bangalore city; there is inadequate street lighting, and the presence of the staircase and pillars within the carriageway creates a hazard. She also refers to the pleadings in Writ Petition No. 20266 of 2016 alleging that the bridge was a waste of public money and unlikely to be used, and states that in the last ten years, it has remained largely unused by employees or IPS probationers. It is asserted that Respondents 3 and 4 failed to discharge their statutory duty under the Control of National Highways (Land and Traffic) Act, 2002 to remove illegal structures obstructing traffic and refers to the concept of a no construction zone within 40 meters from the centre line of a National Highway, permitting only authorized highway-related infrastructure. She submits that in its present position, the structure constitutes an obstruction and hazard, though she states that she has no objection if the bridge is suitably extended or modified by relocating the staircase and pillars to the extreme edge of the road.

3. In the counter filed on behalf of Respondents 1 and 2, the Assistant Director of the 2^nd respondent stated that Academy is situated on National Highway-07 (Hyderabad to Bangalore) in two parts on either side of the highway identified as Site ‘A’ and Site ‘B’. Site ‘A’ comprises Academy Hospital, Horse Riding Ground, Assam Nursery School, Kendriya Vidyalaya and Staff Quarters, and Site ‘B’ comprises Indoor and Outdoor Training Block, Administrative Block, Guest Houses and IPS Mess. The Bahadurpura Main Road (Old Bengaluru– Hydera