The Supreme Court has partly allowed an appeal filed by the National Highways Authority of India (NHAI), modifying a Madras High Court direction that had ordered removal of a Metal Beam Crash Barrier (MBCB) on NH-83 (Trichy–Dindigul section) to facilitate direct access for a private landowner.

A Bench of Justice Surya Kant and Justice Joymalya Bagchi, in its order dated 12 November 2025, held that removing the crash barrier installed for road safety would pose a traffic hazard. Referring to photographs placed on record, the Court emphasised the importance of the MBCB’s existing location in preventing accidents and safeguarding highway users.

While setting aside the High Court’s direction to dismantle the barrier, the Court ensured that the first respondent landowner, retains a viable route of access. The Bench permitted him to reach his property through the existing approach road on the left side and to take a U-turn on the highway. Additionally, limited right-turn access through the pathway abutting the barrier was allowed, subject to strict conditions.

The Court clarified that:

• The pathway/open space must not be used for public parking, as the land belongs to NHAI.

• The landowner must use his own premises for parking.

• The permission shall not obstruct future highway expansion or service road construction.

Modifying the High Court’s judgment dated 19 February 2025, the Supreme Court disposed of the appeals while balancing highway safety considerations with the landowner’s access rights.

Appearances:

For Petitioner – Ms. Pinky Anand Senior Advocate, Mr. Kunal Yadav, AoR, Mr. Samrat Pasriccha, Ms. Chanya Jaitly, Mr. Kartikey Yadav, Mr. Parth Yadav, Ms. Nayoleeka Purty, Mr. Neeraj Sharma, Mr. Harsh Yadav

For Respondent – Mr. M.P. Parthiban, Ms. Priyaranjani Nagamuthu, Mr. Bilal Mansoor, Mr. Shreyas Kaushal, Mr. S. Geyolin Selvam, Mr. Alagiri K, Mr. Shivansh Sharma, Mr. Rohan Singh, Mr. Abhishek S