'Encroachment of highways cannot be encouraged'

S Shyam Prasad | NT

Bengaluru: Rejecting a petition by an original land owner who had encroached upon the land he had already handed over for the expansion of a highway, the High Court said, “In case of encroachment of land acquired for highway purposes, the Court ought to be circumspect and ensure that the encroachment on National Highways ought not to be encouraged.”

The HC noted that the petitioner was claiming relief for land already acquired and on which he had handed over possession.

“It must be noted that admittedly the petitioner had filed an original suit in which after having obtained an interim order, the same has been vacated. Once the petitioner has handed over possession of the acquired land, the question of seeking any relief regarding the same would not arise. Though the petitioner’s writ is limited to the extent beyond the acquired portion as sought to be made out in the schedule, clearly the survey report points out that what has been encroached upon is a portion which has been acquired,” the HC said in its judgement.

Justice Sunil Dutt Yadav was hearing a petition by BR Arundathi, a resident of Jayanagar, Bengaluru. The National Highways Authority of India (NHAI) had issued a notice to Yadav on May 18, 2023 which he had challenged in the HC.

She claimed that the NHAI had alleged that there was encroachment of the highway which was a false assertion. She had already delivered possession of his 61 square metres of land which was acquired by the NHAI.

The NHAI wanted to demolish a commercial building which was not part of the land acquired, he claimed. The widening of the National Highway for which his land was acquired was already completed, he claimed.

On May 26, 2023, the HC ordered that a survey be made by the officials of NHAI in the presence of BR Arundathi.

The survey was conducted on May 27 and a report was submitted to the court. It was submitted that an extent of 48 sq mts alleged to be an encroached portion was shown in the sketch.

The counsel for the NHAI informed the court that Rs.70,12,289 compensation was disbursed to the petitioner BR Arundathi for the land way back in March 2010. Possession was also taken.

But the 48.80 sq mtrs was found to be encroached and so action was initiated. Dismissing Arundathi’s petition, the HC said, “It is to be noticed that admittedly even as per the documents produced by the petitioner, compensation for an extent of 261 sq mtrs has been accepted and disbursed.

Possession has been voluntarily handed over on 31.03.2010. If it is so that the survey report produced indicates that 48 sq mtrs of the acquired portion has been encroached, the petitioner is not entitled for any relief in the present proceedings.” (WP 10624/2023)