ORDER : 1. By way of filing this writ petition, the petitioner seeks to forbear the respondents from constructing Highway Nest (mini) on NH-7 (New No.44) within a distance of 200 to 250 metres from Rasampalayam Toll Plaza in front of the petitioner's property situated at Survey No.235/1B2B and 235/2B1A, Rasampalayam Village, Namakkal Taluk, Paramathi Sub Registration District, Namakkal Registration District, Namakkal District. 2. Mr.I.Abrar Md.Abdullah, learned counsel for the petitioner submitted that the petitioner is the owner of the lands bearing Survey Nos.235/1B2B and 235/2B1A, situated at Rasampalayam Village, Namakkal Taluk, Paramathi Sub Registration District, Namakkal District and that the revenue records, such as Patta and Adangal, have been effected in her name. Since the National Highway in NH-7 (new No.44) is running on the western side of her property, various constructions have been made adjacent to the Highway, such as Temple fence, Restaurants, ATMs, etc. and those buildings have been constructed adjacent to the service lane in Highway within a distance of 500 metres from the fee axis/toll booth, which is also permissible as per Section 16 of the National Highways Authority of India Act, 1988 and they can regulate such construction for public utility, drains, etc., for which the petitioner cannot have any objection. 3. By referring to an instruction dated 09.11.2017 of the Member (Administration) of the National Highways Authority of India, New Delhi, addressed to all the Regional Officers, learned counsel stated that from the said instruction, it has been decided that the NHAI shall develop facility of Highway Nest (Mini) on up/down side of the toll plaza at a distance of 200-250 metres ahead of the fee axis so as to facilitate the road users. In view of the said instruction, the third respondent had originally initiated the work for installation of Kiosk at a distance of more than 500 metres from the fee axis/toll plaza at Rasampalayam. However, for the reasons best known to them, abandoning the said work, they are now wrongly planning to install the same in front of the petitioner's property, which is just 40 to 50 metres away from the fee axis/toll plaza. However, for the reasons best known to them, abandoning the said work, they are now wrongly planning to install the same in front of the petitioner's property, which is just 40 to 50 metres away from the fee axis/toll plaza. Thereafter, although the petitioner has approached the authorities to explain such facts, they did not heed to his request, therefore, he filed a Civil Suit in O.S.No.39 of 2018 on the file of the District Munsif, Namakkal, however, finding that there is a bar for the Civil Court to entertain a suit in respect of the dispute in question, she has withdrawn the said suit and finally, she has filed the present writ petition. 4. By narrating the aforesaid facts, it is further stated by the learned counsel for the petitioner that the impugned action as initiated by the respondents is in violation of their own instructions/guidelines issued by the Member (Administration) and also one another communication dated 13.11.2017 of the Manager (Technical) of the NHAI, Regional Office, Chennai. In both the official communications, with regard to construction, operation and maintenance of Highway Nest (Mini) at toll plazas along National Highways across the Country, although it is stated that the same shall be developed on up/down side of the toll plaza at a distance of 200 to 250 metres ahead of the fee axis so as to facilitate the road users, violating their own instructions, the respondents have now taken steps for construction of Kiosk in front of the petitioner's land, which is only 40 to 50 metres away from the Toll Plaza. Besides, if the proposed Kiosk is permitted to be placed right in front of the petitioner's property, the same would cause incurable loss to her, since she cannot construct her house in front of the public toilet/kiosk. 5. Concluding his arguments, learned counsel further submitted that when two communications issued by the NHAI mandate the third respondent to construct the Highway Nest (mini) on up/down side of the toll plaza at a distance of 200-250 metres ahead of the fee axis, such distance prescribed cannot be diluted in the case of the petitioner alone. 5. Concluding his arguments, learned counsel further submitted that when two communications issued by the NHAI mandate the third respondent to construct the Highway Nest (mini) on up/down side of the toll plaza at a distance of 200-250 metres ahead of the fee axis, such distance prescribed cannot be diluted in the case of the petitioner alone. It is further submitted that inspite of an order of status-quo granted by this Court 20.03.2018 at the time of admission, the third respondent is still continuing the construction work, which is against their own communications, therefore, he pleaded, a direction may be given to the respondents to shift the construction of Toilet Blocks/Kiosks ahead of 200-250 metres from the Toll Plaza. 6. Mr.R.Singaravelan, learned Senior counsel appearing for the respondents 1 and 3, by filing a detailed counter affidavit, submitted that the third respondent had initiated the idea of installation of Highway Nest (mini) for the purpose of providing restrooms, beverages, food, etc. through the kiosks to be placed at a distance of 200 to 250 metres from the toll plaza and as per the direction of Ministry of NHAI, the Toilet Blocks should be constructed on either side of Toll Plaza under Swatch Bharat Mission of the Government of India. As per the said direction, the NHAI Head Quarters also issued orders for the implementation of the above said scheme vide letter dated 08.08.2016, administrative order dated 12.09.2016 and another order dated 28.09.2016. Thereafter, the NHAI, in an effort to implement Swatch Bharat Mission and also to ensure the litter free National Highways, has instructed all its Project Implementation Units to provide toilet facility for men and women with easy accessibility from the road on either side of Toll Plaza. 7. Refuting the contention of the petitioner that the third respondent has initially proposed to install the Kiosk at a distance of more than 500 metres from the Toll Plaza, however, the same was also abandoned shifting to a distance of 200-250 metres, the learned Senior counsel for the respondents 1 and 3 submitted that the construction of Toilet Block was decided long back and order for construction was placed long back on 10.03.2017 and therefore, at no point of time, NHAI issued guidelines prescribing the distance beyond 500 metres for construction of toilet block, hence, the above said allegation of the petitioner is wholly untenable. It is further submitted that in most of the cases, Toilet Blocks have been constructed at NH-7 very near to the Toll Plaza, that too within 100 metres, except in two cases, where due to operational reasons, it was constructed at a distance of 135 metres and 203 metres and not at a distance of more than 500 metres as contended by the petitioner. Since the land in question is very close to Toll Plaza, commercial activities are generally discouraged in view of operation of Toll Plaza and also taking note of the convenience and safety of road users, besides, if the petitioner wants to use her land for any purpose, she has to do it through service road and she cannot directly access the NHAI without the access permission from the Ministry as per the Norms and Provisions of Circulars of Ministry. The Government of India, in its letter dated 24.07.2013, also clearly stipulated the guidelines of access to private properties and as per IRC-73-1980, no structure should be constructed within the building line, which is 10 metres from Highway ROW. 8. This apart, it is submitted, the petitioner's land has 30 metres of frontage, out of which, 9 metres are covered by the proposed Toilet Blocks and the balance 21 metres are still available to the petitioner, that shows that the petitioner's land does not have any obstruction, however, she is only intentionally objecting to the construction of Public Toilets, which are made under Swatchh Bharat Mission of Government of India for the benefit of the road users, which ultimately improves the Hygienic condition of our Nation. On the other hand, if the Toilet Blocks are shifted to any other place near the Toll Plaza, it is not possible to construct the Public Lavatory as everybody may start to claim the same and therefore, it would become impossible to implement the Government proposal and the public would be put into a lot of inconvenience. It is further stated that the land, where the Toilet is proposed, is entirely belonged to the Government of India pursuant to the acquisition under the National Highways Act, 1956. It is further stated that the land, where the Toilet is proposed, is entirely belonged to the Government of India pursuant to the acquisition under the National Highways Act, 1956. In addition thereto, the land of the first respondent is adjacent to the Highway's main carriage way and as per the Circular dated 24.07.2013 of the Union government, Ministry of Road Transport and Highways, the Highway Administration Officer should not permit direct road access to the Highway, hence, the petitioner cannot have direct access to National Highways and therefore, the claim of the petitioner is liable to be rejected. 9. Referring to the Google Maps on Rasampalayam Toll Plaza Toilet Block construction, the learned Senior counsel submitted that from Toll Plaza office, at a distance of 80 metres, burial ground has been situated, therefore, in view of burial ground, the third respondent has chosen the land ahead of the Toll Plaza office, which is about 40-50 metres, besides, the proposed toilet will be constructed within the land owned by the NHAI, therefore, the petitioner cannot access directly to National Highways in view of circular dated 24.07.2013 issued by the Union Government, hence, the writ petition is liable to be dismissed. 10. Lastly, referring to a communication dated 09.02.2018 of the Project Director of the National Highways Authority of India, Karur, it is pleaded that the location for the construction of Toilets and Highway Nest Mni has already been fixed within the land belonging to NHAI, for, as per the directions received, the Highway nest and Toilets are to be constructed near the toll lanes so that the road-user, male, female, disabled person, kids, etc., can avail the facility of Toilets during the day and night with easy access and proper safety, therefore, the prayer made in the writ petition seeking to shift the proposed construction of Toilet Blocks ahead of 200-250 metres is liable to be rejected. 11. Heard the learned counsel appearing on either side and perused the materials available on record. 12. Swach Bharat Mission has been launched by the Government of India as a fitting tribute to the 150th Birth Anniversary of Mahatma Gandhi. The NHAI, on their part of contribution towards the said Mission, decided to keep the Highways free from littering around/along the road and also to keep the highway clean and tidy by installing the suitable size waste bins/dustbins along the highways. The NHAI, on their part of contribution towards the said Mission, decided to keep the Highways free from littering around/along the road and also to keep the highway clean and tidy by installing the suitable size waste bins/dustbins along the highways. Under the Swatch Bharat Mission of Government of India, the toilet construction along with Highway Nest (Mini Cafeteria) is to be done at both sides (LHS & RHS) of each Toll Plaza on Highway Road coming under the jurisdiction of NHAI. In this regard, it is apposite to refer to the communication issued by the Member (Administration), NHAI, Ministry of Road Transport and Highways, New Delhi, on 09.11.2017, addressed to all the Regional Officers of the NHAI, whereby it has been decided to develop the facility of Highway Nest (Mini) on up/down side of the Toll Plaza at a distance of 200-250 metres ahead of the fee axis so as to facilitate the road users. For better appreciation, relevant portion of the said communication is extracted below:- NATIONAL HIGHWAYS AUTHORITY OF INDIA (MINISTRY OF ROAD TRANSPORT & HIGHWAYS) G-5&6, SECTOR-10, DWARKA, NEW DELHI-110075 NHAI/GM(T)HO/Highway Nest (Mini)/2017/108290 Date : 09.11.2017 To All ROs Sub: Construction, operation and maintenance of Highway Nest (Mini) at toll plazas along National Highways across the country Reg. Sir, It has been decided that NHAI shall develop facility of Highway Nest (Mini) on up/down side of the toll plaza at a distance of 200-250 m ahead of the fee axis so as to facilitate the road users. 2. The Highway Nest (Mini) shall have the following essential facilities: (i) Toilets for ladies and gents and physically challenged persons. (ii) Kiosks for sale of packaged food items such as chips/biscuits/cookies/water bottles/soft drinks and tea & coffee vending machines. (iii) Water ATM for drinking water. (iv) The area marked in the layout should be appx. 10m x 20m with paved tiles/brick tiles for parking of the vehicles etc. 13. Again, reiterating the same instructions with regard to the distance to be followed, another communication has been issued by the Manager (Technical), NHAI, Regional Office, Chennai, on 13.11.2017, addressing to all the Project Directors of NHAI under the jurisdiction of Regional Office, Chennai. Relevant portion of the said communication is extracted below:- NHAI/11015/188-A/2017/RO Chennai/5244 13th Nov.2017 To All Project Directors, NHAI, Under the Jurisdiction of RO Chennai except Bangalore (Expressway). Relevant portion of the said communication is extracted below:- NHAI/11015/188-A/2017/RO Chennai/5244 13th Nov.2017 To All Project Directors, NHAI, Under the Jurisdiction of RO Chennai except Bangalore (Expressway). Sub: NHAI, RO-Chennai Construction, operation & maintenance of Highway Nest (Mini) at toll plazas along National Highways across the country Reg. Ref: NHAI, HQ letter No.NHAI GM (T)HO/Highway Nest (Mini)/2017 dt.09.11.2017. This has reference to the letter 1st cited (copy enclosed) received from Member (Finance), NHAI HQ, wherein it has been requested to develop facility of Highway Nest (Mini) on up/down side of the toll plaza at a distance of 200-250m ahead of the fee axis so as to facilitate the road users 14. Besides, the very recent circular issued by the Ministry of Road Transport and Highways on 19.01.2018 has also reiterated stating that these kiosks are to be built on 10m x 20m paved platforms with a distance of 200-250 metres from the toll plaza with toilet facilities for ladies/gents and physically challenged persons. Relevant portion of the same is extracted below:- Press Information Bureau Government of India Ministry of Road Transport & Highways 19-January-2018 17:40 IST All NHAI run toll plazas soon to have Highway Nest (Mini) food and beverage kiosks Toll plazas run by NHAI will soon have kiosks selling drinking water, tea/coffee, and packaged food for the convenience of highways users. Termed as Highway Nest (Mini), these kiosks are under construction on both up-side and down-side at all 372 NH run toll plazas. These kiosks are being built on 10m x 20m paved platforms about 200-250 m from the toll plaza. Toilet facilities for ladies/gents and physically challenged persons are also available at these sites. 15. From all the above said circulars/instructions issued by the Ministry of Road Transport and Highways, it is clear that the Project Directors of NHAI coming under the jurisdiction of the Regional Office, Chennai, were requested, to develop the facility of Highway Nest (mini) on up/down side of the Toll Plaza at a distance of 200-250 metres ahead of the fee axis so as to facilitate the road users and these instructions/guidelines have been issued with the approval of CGM(T)&RO, Chennai. Therefore, when such being the admitted position, this Court is unable to appreciate how the third respondent can arbitrarily propose to install the Toilet Blocks within 40-50 metres from the Toll Plaza, where the petitioner's land is situated, violating their own circulars and guidelines prescribing a distance of 200-250 metres ahead of the Toll Plaza to facilitate the road users. 16. As a matter of fact, if the respondents are really facing any hurdle in identifying the lands for the construction of Toilet Blocks ahead of 200-250 metres from the Toll Plaza, then they should have averred in their counter affidavit about the difficulties they are facing or should have produced some materials in the form of documentary evidence in support of such plea that the condition of the site in question will not be suitable for Toilet Blocks, in view of existence of residential houses or commercial complex. But, in the present case, they have not done so. On the contrary, from the Google Maps produced by the respondents, it is seen that from 200-250 metres ahead of the Toll Plaza, there are huge vacant lands available for installation of Toilet Blocks/Kiosks so as to facilitate for the road users, that can be identified for the utilization. Therefore, this Court has no hesitation to direct the respondents to follow the above said instructions/circulars in choosing 200-250 metres away from Toll Plaza for installation of Toilet blocks/Kiosks. 17. Accordingly, for the aforesaid reasons, the respondents are directed not to put up any construction within 40-50 metres of Toll Plaza, as they can, in terms of the above said circulars/guidelines, initiate the work for construction of Toilet Blocks/Kiosks in the vacant land lying ahead of 200-250 metres from the Toll Plaza as could be seen from the Google Map produced by the respondents. With these directions, the writ petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.