MANTENA ANJANEYA RAJU Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed to declare the action of the respondents in issuing the notification, dtd. 10/11/2017 published in the Gazette of India, for the purpose of formation of NH-165 from pamarru to Diga Marru Road i.e. 61/740 to 107/660 under Sec. 3-A of the National Highways Act, 1956 (for short 'the NH Act') and also the Gazette of India notification dtd. 6/11/2018 issued under Sec. 3D of the NH Act as illegal, arbitrary and violation of fundamental rights of the petitioners guaranteed under Articles 14, 19 and 21 of the Constitution of India.

(2.) The averments, in brief, are that notification, dtd. 10/11/2017 issued under Sec. 3-A of the NH Act was published in Gazette of India, proposing to acquire land for formation of NA-165 from Pamarru to Digamarru Road i.e., 61/740 to 107/600 in the State of Andhra Pradesh. The lands of some of the petitioners as well as the lands of M/s. Vijaya Lakshmi Anjaneya Ice Factory and M/s UPVC doors, where petitioner Nos.6 to 15 and 16 to 23 are working, were also notified. Petitioners submitted their objections on 29/11/2017 and, also made representations dtd. 30/12/2017 to the Minister of Road Transport and Highways (for short 'MoRTH') to adopt either the master plan or by-pass road for the purpose of National Highway to the extent of Bhimavaram. However, the authorities, without considering the objections and representations, issued gazette notification dtd. 6/11/2018 under Sec. 3D of the NH Act. Aggrieved by the said action, the above writ petition is filed.

(3.) This Court granted interim order on 27/11/2018 observing that the letter of the Chief Engineer, if taken forward, the present acquisition, is not required and balance of convenience is in favour of the petitioners.