P NARAYANA REDDY Vs. GOVT OF AP

JUDGEMENT

(1.) This writ petition is filed in public interest to declare G.O.Rt. No.1830 Transport, Roads & Buildings (R-1) Department dated 20.12.2008 issued by the 1st respondent entrusting the work of formation of the road, from Mangapatnam to K. Sugumanchipalli Village i.e., K.M 0/0 to KM 30/30 on State Highway No.31, on nomination basis to the 4th respondent as arbitrary and against public interest.

(2.) Facts, in brief, are that the Galeru Nagari & Sujala Sravanti (GNSS) project envisages drawal of 38.0 tmc of surplus flood waters from the Krishna river to provide irrigation facilities over an extent of 2.60 lakh acres in the drought prone areas of Kadapa (1,55,000 acres), Chittoor (1,03,500 acres) and Nellore (1,500 acres) districts besides meeting the drinking water needs of a population of 10 lakhs. Keeping in view the magnitude of the project it was proposed to take up the works in a phased manner. In March, 2005 the first phase, which involved the works of formation of the Gandikota Reservoir, Vamikonda Sagar reservoir, Sarvaraja Sagar Reservoir including earth work excavation of the GNSS main canal from km. 0.000 to Km. 32.640 and construction of cross masonary and cross drainage (CM & CD) works along with distributory system, were taken up. A proposal was submitted for construction of the Gandikota reservoir at FRL + 209.00 M with a storage capacity of 16.850 TMC and administrative approval was granted vide G.O.Ms.No.53 dated 10.6.2004 for Rs.560.00 Crores. As a result 14 villages, in and around Gandikota reservoir, fell under submergence. In addition the Renigunta-Kadapa-Rayalacheruvu State Highway (SH-31) was expected to submerge for a length of 17.00 Kms.

(3.) On their bid being found to be the lowest, the work of construction of the Gandikota reservoir was awarded to M/s Maytas NCC (JV), Hyderabad for Rs.325.70 Crores under EPC Turnkey System. The Superintending Engineer, GNSS Circle, Kadapa, in his letter dated 20.8.2005, informed the Superintending Engineer, R & B, Kadapa of the partial submergence of State Highway No.31. The Superintending Engineer, R & B, vide letter dated 29.08.2005, submitted a proforma estimate for Rs.45.00 Crores for formation of the 17 KM road. Construction of this diversion road was, however, not taken up.