The Road Was Already There, And The Records Behind The Claim Were Fabricated
A Single Judge had set the acquisition aside. The Chief Justice's bench has restored it — and told the District Collector to report the manipulation of records to the police.
The Court held that where the outer ring road has been formed after taking possession of the acquired land and put to use, the Single Judge's order cannot be sustained on the settled proposition of the Constitution Bench in Indore Development Authority. The order was set aside and the appeal allowed, with a direction that the District Collector lodge a complaint against those involved in fabrication and manipulation of records.
- Possession taken and the road in use is what closes the question under Indore Development Authority.
- The Court did not stop at the appeal — a criminal complaint was directed on the record-tampering.
- The District Collector must lodge it, before the law enforcement agency, for appropriate action.
- An intra-Court appeal, from a Single Judge's order of October 2025.
- Court
- High Court of Judicature at Madras
- Bench
- Justice HONOURABLE THE CHIEF JUSTICE, Justice HONOURABLE MR.JUSTICE G.ARUL MURUGAN
- Citation
- W.A. No. 1638 of 2026
- Case
- W.A. No. 1638 of 2026
- Decided
- 3 September 2026
- Outcome
- Writ appeal allowed; Single Judge's order set aside with directions
What had happened on the ground
The outer ring road had already been formed after possession of the acquired land was taken, and had been put to use.
A Single Judge had nonetheless allowed the writ petition by an order of 27 October 2025, which the State and the district authorities challenged in this intra-Court appeal.
Why the order could not stand
On the settled proposition of law laid down by the Constitution Bench of the Supreme Court in the Indore Development Authority case, the order of the Single Judge could not be sustained where possession had been taken and the road built and used.
It therefore needed to be interfered with, and was set aside, the appeal being allowed.
The direction on the records
On its findings, the Court directed that the District Collector shall lodge a complaint against those involved in the fabrication and manipulation of records, before the law enforcement agency, for appropriate action.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can an acquisition be set aside after the road is built?
Not on these facts. Possession having been taken and the road put to use, the Single Judge's order was set aside.
What happens about the fabricated records?
The District Collector was directed to lodge a complaint against those involved, before the law enforcement agency.
Resisting a claim that an acquisition has lapsed
- Establish possession and actual use of the land first; that is what Indore Development Authority turns on.
- Produce the record of the works — the road, the date of formation, its use — rather than only the acquisition file.
- Where the revenue record has been altered, put the discrepancies squarely before the Court.
- Ask for a direction to the Collector where fabrication appears; the Court gave one here.
Source. High Court of Judicature at Madras, W.A. No. 1638 of 2026, decided 3 September 2026 by Justice HONOURABLE THE CHIEF JUSTICE, Justice HONOURABLE MR.JUSTICE G.ARUL MURUGAN. This explainer is written from the judgment text as reported.
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