One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
Arjun Mehta owned a piece of land adjacent to the Agra–Lucknow Expressway corridor near a toll plaza in Kanpur Dehat. In early March 2024, the National Highways Authority of India had earlier acquired a strip of his land for road widening, paying compensation that Arjun had accepted without dispute. But the problem came shortly after. NHAI constructed a weigh bridge station right along the frontage of his remaining plot. The left and right sides of the plot were owned by two private landowners, and the rear boundary touched a reserved forest zone managed by the Uttar Pradesh Forest Department. Arjun's plot was now completely landlocked, with no usable entry or exit from any of the four sides.
When Arjun approached NHAI's regional office in Lucknow on his own, he was told to file an "Access Permission Application," which required a processing fee running into several lakhs. Worse, the conditions attached to that permission required him to acquire land from the adjacent private owners to construct an internal approach road, entirely at his own cost. He had tried writing to the district administration and the NHAI Project Director, but received no meaningful response over several months. A general civil lawyer he had consulted earlier had sent a routine notice under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, but that had not progressed the matter.
Arjun approached Advocate Sudhir Rao in late September 2024. The approach here required a combination of property law, administrative law, and land acquisition law expertise. A petition was filed before the Allahabad High Court seeking a mandatory injunction directing NHAI to provide a reasonable right of way, and additionally challenging the Access Permission conditions as arbitrary and violative of Article 300A of the Constitution of India. The Court issued interim directions to NHAI to respond, and within a few hearings, NHAI agreed to provide an approach pathway as part of the project design itself, removing the condition requiring Arjun to purchase adjacent private land. The matter was resolved without a full-blown trial, though the legal process had needed someone who understood both the land acquisition framework and the constitutional property rights angle simultaneously.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Document everything immediately: Photograph the site from all four sides showing the blockage. Preserve all correspondence with NHAI — emails, letters, acknowledgement receipts, any written conditions they've imposed. This contemporaneous record becomes the backbone of any petition. And here's the thing, courts notice when a petitioner has been meticulous about documentation right from day one.
Do not accept or sign anything without legal advice: NHAI may offer partial concessions or ask you to sign consent forms for their Access Permission process. Signing without understanding the implications can waive important rights. Get every document reviewed before you put pen to paper. Don't be rushed.
Domain-specific experience matters here: Cases involving government authorities like NHAI sit at the intersection of constitutional law, land acquisition law, and administrative law. A general practitioner won't always immediately identify which combination of remedies — whether a writ petition, a civil suit for easement of necessity, or a statutory claim under the RFCTLARR Act — is the right one for your specific facts. Engaging an advocate who regularly handles property and infrastructure disputes typically results in faster and better-targeted relief.
Applicable Sections of Law
- Article 300A of the Constitution of India: No person shall be deprived of property save by authority of law. This is the foundational constitutional protection against arbitrary deprivation of property rights, including the right of access.
- Section 35, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act): Deals with the requirement of rehabilitating affected persons, which includes restoring functional access to retained land.
- Section 4, Easements Act, 1882: Defines an easement of necessity, which arises when land becomes landlocked and the owner has a legal right to demand passage over adjacent land to reach a public road.
- Order 39 Rule 1 and Rule 2, Code of Civil Procedure, 1908: Governs grant of temporary injunctions to restrain NHAI from obstructing access during the pendency of legal proceedings.
Jurisdiction — Where to File the Case
NHAI is a statutory authority constituted under the National Highways Authority of India Act, 1988. Disputes involving its actions that affect constitutional rights are most effectively challenged through a writ petition before the relevant High Court under Article 226 of the Constitution. For the easement and civil property angle, a civil suit lies before the District Court having territorial jurisdiction over the location of the land. In Arjun's case, that was the District Court at Kanpur Dehat, with the constitutional challenge going to the Allahabad High Court.
Frankly, jurisdiction matters more than people realise. Choosing the wrong forum can result in your petition being dismissed at the threshold, wasting both time and resources. Get this right at the start.
Limitation Period
Don't delay. That's really the short version.
For a civil suit concerning easement of necessity under the Easements Act, 1882, the limitation period is generally three years from the date the cause of action arises, under Article 58 or Article 113 of the Limitation Act, 1963. The cause of action arises when access is first blocked. Once limitation expires, courts are reluctant to condone delay unless there is a sufficient cause clearly explained. The condonation of delay application under Section 5 of the Limitation Act is available but not guaranteed. Filing promptly after the obstruction is always the safer course.
Interim Reliefs Available
Interim reliefs are critical in landlocked property cases because delay means your land remains unusable for months or years. Now, before you act, know that the following reliefs can be sought at the very first hearing:
- Temporary injunction under Order 39 Rule 1 CPC restraining NHAI from creating additional obstructions or imposing further conditions pending disposal of the suit or petition.
- Status quo order from the High Court directing that no further construction or modification is made that may worsen access conditions.
- Mandatory interim injunction directing NHAI to provide temporary access, especially where the Supreme Court in Dorab Cawasji Warden v. Coomi Sorab Warden, 1990, recognised that mandatory interim injunctions are available in appropriate cases where refusal would cause irreparable harm.
- Writ of mandamus under Article 226 compelling NHAI to act in accordance with law and restore reasonable access pending the final hearing.
If You Are the Victim
- Photograph and video-record the site immediately, capturing all four sides of the plot and the obstructing structure, with date and GPS metadata active on your phone.
- Send a formal legal notice to NHAI under the relevant provisions of the RFCTLARR Act, 2013 and the Easements Act, 1882, demanding restoration of access within a reasonable time frame.
- Collect all land ownership documents, including revenue records (Khasra/Khatauni), sale deeds, mutation records, and the original land acquisition notification and compensation order issued by NHAI.
- Do not vacate or abandon the plot, even if it appears inaccessible. Physical possession and continued assertion of ownership matter in property law.
- File the writ petition or civil suit promptly, attaching all site photographs, correspondence, and title documents, and apply for interim relief on the very first date.
Documents You Must Keep Ready
- Aadhaar card and PAN card for identity proof
- Original sale deed and registered title documents for the plot
- Revenue records: Khasra, Khatauni, mutation certificate (Intkal)
- NHAI's original land acquisition notification and compensation award order
- All written correspondence with NHAI, including Access Permission application and rejection/conditions letter
- Site photographs and video recordings showing obstruction from all four sides
- Survey maps, approved layout plans, and demarcation sketches of the plot
- Any prior legal notices sent to NHAI and the replies received
What Evidence Is Required?
- Primary evidence — Title documents: Registered sale deed, revenue records, and any prior survey confirming plot boundaries and access points before NHAI's construction.
- Photographic and video evidence: Timestamped photographs and drone footage (where permissible) showing all four sides blocked after construction of the weigh bridge.
- NHAI's own project documents: Environmental Impact Assessment reports, approved project drawings, and notifications under the National Highways Act, 1956 are obtainable through RTI applications.
- RTI responses: Information obtained from NHAI under the Right to Information Act, 2005, confirming the scope of acquisition and the structure constructed, is strong documentary evidence.
- Expert witness: A registered land surveyor or civil engineer can provide a professional report confirming that the plot has no independent access to any public road.
- Comparative site plans: Pre-construction versus post-construction survey maps showing how access was eliminated.
How Courts Typically Approach Such Cases
High Courts and District Courts generally take a serious view of a landowner being entirely deprived of access to their property by a government authority. Make no mistake, courts look carefully at whether proper procedure was followed under the RFCTLARR Act and the National Highways Act. They examine whether the acquisition left the landowner with any viable means of access. Where none exists, courts have been willing to issue mandatory directions to public authorities, as seen in K.K. Bhaskaran v. State of Kerala, 2004. But courts also scrutinise whether the petitioner delayed acting or acquiesced to the situation. Presenting a clear and timely case with strong documentary foundation significantly improves the prospect of interim and final relief.
Timeline of Legal Process
- Week 1–2: Consultation with advocate, collection of documents, preparation and dispatch of legal notice to NHAI Project Director and Regional Officer.
- Week 3–4: Filing of writ petition (High Court) or civil suit (District Court), along with interim relief application under Order 39 Rule 1 CPC or Article 226.
- Week 5–8: First hearing, directions to NHAI to file reply, possible status quo order. RTI applications filed simultaneously.
- Month 3–4: NHAI files counter affidavit or written statement; petitioner files rejoinder.
- Month 4–6: Arguments on interim relief; interim order passed or matter referred for further hearing.
- Month 6–18: Evidence stage (in civil suit) or further affidavits (in writ); final arguments.
- Month 18–24: Final judgment. Execution proceedings if NHAI does not comply voluntarily.
- Appeal: Available before Division Bench of High Court or Supreme Court if required, adding 12–36 months.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Settled? Yes, and in many cases it's the smarter path. NHAI, as a government authority, is amenable to resolving infrastructure disputes without prolonged litigation, particularly when a valid legal claim is clearly articulated. The following out-of-court mechanisms are worth exploring:
- Section 89 CPC reference to mediation: Courts can refer civil disputes to mediation at any stage, and NHAI officials have participated in mediated settlements in documented cases.
- Lok Adalat: Pre-litigation Lok Adalats are available for disputes of this nature, and an award passed by a Lok Adalat is final and binding with no appeal, saving considerable time and cost.
- Direct representation to NHAI's General Manager (Projects):
Advocate Sudhir Rao, Supreme Court of India