VANACHARLA VENKATA KRISHNA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Writ Petition is filed questioning the Notification dtd. 18/4/2018 in SO No.1701/E) issued by respondent Nos.1 & 2 under Sec. 3(A)(1) of National Highways Act, 1956; further Notification dtd. 7/12/2018 in SO No.6078(E) issued under Sec. 3D(1) of same statute; further Notification dtd. 18/1/2019 issued under Sec. 3G(3) of the same statute by the 5th respondent; further Notification dtd. 11/10/2022 in NHAI/PIU-RJY/LA/N.H216A/Kaikaram Flyover under Sec. 3G(3) of the same statute by the 5th respondent and also Order dtd. 18/6/2018 in ROC NHAI-16/Flyover/2018/1 passed by the 5th respondent, as being illegal, irregular, irrational, unconstitutional and violative of provisions of National Highways Act, 1956 and offends Articles 14, 21 and 300-A of the Constitution of India.

(2.) Heard Mr.Sita Ram Chaparla, Learned Counsel for the petitioners. Also heard Mr.S.S.Varma, Learned Standing Counsel appearing on behalf of the respondent Nos.3 & 4 and the Learned Assistant Government Pleader for Land Acquisition representing for respondent No.5.

(3.) The relevant facts germane for consideration and the disposal of the Writ Petition may be stated thus:- The 1st respondent issued a Notification under Sec. 3A of National Highways Act, 1956 (hereinafter referred to as the Act") dtd. 18/4/2018 for acquisition of the lands mentioned therein for public purpose i.e., Building (Construction of Flyovers/ VUPs/ Widening/ Four Laning/Six Laning etc.,) Maintenance, Management and Operation of NH 16/216A in the stretch of land from Km 1005.700 to 1007.450 (Gundugolanu - Rajamahendravaram Sec. ) in the District of West Godavari. Pursuant to the said Notification, objections under Sec. 3C of the Act, were called for and on 7/5/2018, the petitioners and others filed their objections. The 5th respondent after considering the objections addressed a reply dtd. 8/6/2018. Subsequently, on 7/12/2018, a Notification under Sec. 3D of the said Act was published in the Government of India Gazette. Thereafter, a Notice under Sec. 3G (3) of the said Act was published on 18/1/2019. However, subsequently another Notification issued under Sec. 3G (3) of the Act dtd. 11/10/2022 was published in the News papers on 15/10/2022, wherein it was inter alia mentioned that the extent of land was reduced from 60 meters width to 46 meters. Under the said circumstances, the present Writ Petition came to be filed on various grounds.