VENKADARI SRINIVASULU Vs. DISTRICT COLLECTOR KURNOOL

JUDGEMENT

(1.) ALL these writ petitions are filed with a common prayer to declare the notification dated 19/5/2010 issued under Section 4(1) of the Land Acquisition Act, 1894 for acquiring the land/structure in Dhone, Kurnool District for the purpose of construction of a Railway Over Bridge in Dhone town by dispensing with the enquiry under Section 5-A of the Land Acquisition Act is arbitrary, illegal and violative of Articles 14, 19, 21 and 300-A of the Constitution of India.

(2.) IT is pleaded by the petitioners that there is only one main road in Dhone town and the entire business of the town is located on both sides of the road. IT is also stated that a bypass road was laid about 10 years ago connecting NH-7 and since then all the heavy vehicles are playing through bypass road and thus the main road has become fully commercial center having connection to all the streets of Dhone town. IT is contended that the impugned notification proposing to acquire the structure/land situated on the both sides of the Main road of Dhone for the purpose of construction of Railway Over Bridge with a length of 1,253 mts. Covering the entire main road is quite unnecessary and the same would result in heavy loss to the Government Exchequer apart from causing total inconvenience to the people of Dhone. IT is also contended that if the Railway Over Bridge with a length of 1,253 mts. is constructed, the connectivity to the two parts of the Dhone town would be cut-off and the residents would be constrained to travel more than 1 1/2 kms to reach the other side and it is unanimous opinion of the residents of Dhone town that Railway Over Bridge with a length of 250 to 300 mts. Is sufficient to cater the need. IT is also alleged that the R and B Department in collusion with the contractors had unnecessarily increased the length of Railway Over Bridge and that part the enquiry under Section 5-A of the Land Acquisition Act was clandestinely dispensed with to deny an opportunity to the person interested to raise their objections.

(3.) I have heard the learned counsel for both the parties.