Rajasthan HC Restrains Railways from Raising Boundary Wall That Could Block Jaipur Plot's Road Access
The Rajasthan High Court at Jaipur has stayed Railways construction of a boundary wall near a commercial plot holding a registered JDA lease deed, pending reply from the respondents.
The Rajasthan High Court at Jaipur has restrained Indian Railways from raising any construction in front of a commercially leased plot in Raghunandan Enclave-D, Jaipur, after the petitioner alleged that the boundary wall being built without due process would cut off road access guaranteed in his registered lease deed. Justice Anand Sharma, sitting singly, passed the interim order on 5 August 2026, while granting time to the Union of India (Railways) to file its reply to the writ petition. The matter arises from the petitioner's claim that a 200-foot road shown on the eastern side of his plot in the site plan issued by the Jaipur Development Authority is at risk of being closed by the Railways' construction activity.
The Dispute Before the Court
Avinash Agarwal holds a registered lease deed dated 26 October 2015, issued by the Jaipur Development Authority for commercial purposes. The lease covers Plot No. C-27 situated in Raghunandan Enclave-D, Village Nanakpura, Tehsil Sanganer, District Jaipur.
According to the petitioner, the site plan forming part of that lease deed shows a road measuring 200 feet on the eastern side of the plot. The respondent-Railways, he submitted, began raising a boundary wall in front of the plot without following due process of law. The petitioner's counsel, Ms. Anushree Agarwal, argued that if the construction were to continue, it would close the petitioner's right of access to the road identified in the site plan.
Counsel for the Union of India (Railways), Mr. Amit Kuri, along with Mr. Dharma Ram and Mr. Rakesh Choudhary, sought time to file the Railways' reply to the writ petition. The court granted that time while simultaneously considering whether interim protection was warranted.
The Legal Issue
The core question before the court is whether Railways can raise a boundary wall in front of a plot whose registered lease deed — issued by a development authority — shows a road on the eastern side, without first following due process. The petitioner's case is that the construction, even at this stage, risks extinguishing a right of access that the site plan and the lease deed recognise.
The writ petition challenges the Railways' action as being without procedural sanction, framing it as a matter of protecting access rights attached to a statutory lease from a public authority.
The Court's Reasoning and Interim Relief
Justice Anand Sharma found sufficient reason to intervene at the interim stage. The petitioner's claim rested on a registered lease deed with a site plan that explicitly depicted a 200-foot road on the eastern boundary. The allegation that construction had already commenced — without any process being followed — gave the court cause to act before the Railways filed its reply.
The court restrained the respondent-Railways from raising any construction in front of Plot No. C-27 in Raghunandan Enclave-D. The restraint operates until further orders and is intended to preserve the status quo while the Railways places its case on record.
Order
Justice Anand Sharma ordered as follows on 5 August 2026:
The matter is listed for 21 August 2026. In the meantime, the respondent-Railways is restrained from raising any construction in front of Plot No. C-27 situated in Raghunandan Enclave-D, Village Nanakpura, Tehsil Sanganer, District Jaipur, owned and possessed by the petitioner.