Owners of land adjoining a public highway possess an inherent right of access, but this does not grant an absolute veto over the government's power to construct public utilities or civic amenities within the right-of-way, provided such actions are reasonable and do not cause actionable, unreasonable obstruction or nuisance.

ORDER:

This Writ Petition is filed to issue a Writ of Mandamus declaring the action respondent No.2 in allowing respondent No.3 to construct public toilets in the petitioner’s property, as illegal, arbitrary, without following due process of law and violative of Articles-21 and 300-A of the Constitution of India and for consequential relief.

2. Heard Sri P.Sri Ram, learned counsel for the petitioner, Ms. M.Tejaswini Reddy, learned Standing Counsel for respondent Nos.2 and 3 and Sri P.Pandu Ranga Reddy, learned counsel for respondent No.4.

3. The brief facts of the case as averred in the writ affidavit are that the petitioner is the owner and possessor of land admeasuring Acs.4.20 gts in Sy.No.10/2 of Habsiguda Village, Uppal Mandal, Ranga Reddy District (hereinafter referred to as ‘subject property’) having purchased the same under registered Sale Deed No.8782/1998 dated 21.08.1998; that originally, the width of the road adjoining the petitioner’s property was only 50 feet, though in the Master Plan it was shown as a 100 feet wide road, therefore, the vendors of the petitioner had purchased the property after leaving 50 feet for future road widening in accordance with the Master Plan, and the petitioner continued to remain owner and possessor of the subject land after leaving the said 50 feet. In the year 1985, the Municipal Corporation of Hyderabad widened the road from the then existing 50 feet to 150 feet, including the footpath, as a result of which, about 50 feet of the petitioner’s land forming part of the subject property was utilized for road widening without payment of any compensation. Thereafter, the petitioner constructed a compound wall abutting the said 150 feet wide road.

3.1. It is further averred that one of the Metro Rail corridors, taken up by the erstwhile State Government, to which respondent No.3 is an SPV, passes through the said 150 feet wide road; while so, respondent No.3, in the month of December, 2018, commenced construction of public toilets on the footpath adjoining the said 150 feet wide road. The said footpath abuts the compound wall of the petitioner’s property and forms part of the 50 feet land belonging to the petitioner for which no compensation has been paid till date.

3.2. The grievance of the petitioner is that construction of public toilets on the said footpath, abutting the petitioner’s land, would seriously affect the petitioner’s peaceful possession and enjoyment of the subject property and would also cause severe inconvenience.

3.3. It is further averred the petitioner submitted a representation dated 30.01.2019 to respondent No.2 seeking immediate cessation of all construction activities, but, there was no response and the construction activity continued unabated. It is further averred that the respondents neither issued any notice to the petitioner nor obtained his consent before undertaking the said construction activity. Aggrieved by the said action of respondents, the present writ petition is filed.

4. Learned counsel for petitioner submitted that the construction and operation of public toilets abutting the petitioner’s subject property would result in severe nuisance, including continuous foul smell, open urination and unhygienic surroundings. The toilets attract large public leading to disturbance and littering in the surrounding areas thereby aggravating the nuisance and causing severe discomfort. There is also a s