VARUN HOSPITALITY PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

(2.) The petitioner is the absolute owner and possessor of land admeasuring an extent of 5433 sq.yds in Sy.No.455/3, 455/3- B1, 455/3-B2, 455/2C, Bharathi Nagar, Gunadala, Vijayawada. Initially, an extent of 323 sq.mts was acquired by the 4th respondent for the purpose of road widening/improvement of Bharati Nagar main road and 1st cross road in the year 2014. Subsequently, in the remaining extent of land i.e. 4237.50 sq.mts, the petitioner has built a 5 start international hotel in the name of Novotel Vijayawada Varun.

(3.) The respondents sought to acquire land for road widening, maintenance, management and operation of NH-16 in the stretch of land from Km.1095.6 to KM 1098.5 as part of 4 laning of Vijayawada- Machilipatnam Sec. of NH-65. A Notification under Sec. 3(A) of the National Highways Act, 1956 dtd. 17/8/2022 was issued by the first respondent notifying the details of land to be acquired. Since no objections were received against the said proposal, a declaration under Sec. 3(D) of the Act was also issued and thereafter, a public notice under Sec. 3G of the Act was issued on 2/3/2023, proposing to acquire 0.000632 hectares in Sy.No.455/3B1 and 0.004844 hectares in Sy.No.455/2C of the petitioner's land for the said purpose. The petitioner made a representation dtd. 13/3/2023 to Respondent No.5/Vijayawada Municipal Corporation raising an objection that the subject land cannot be relinquished for the purpose of land acquisition, as the hotel building structure is standing on columns built over pile caps, group piles and contiguous piles having a gap of 50 MM to 75 MM between them, since the contiguous piles firmly act as structural members against which all the basement Post Tensioned slabs are structurally connected. The said representation was forwarded to Respondent No.3 to take necessary action. But, Respondent No.3 issued mechanical reply stating that this Court passed orders in W.A.No.401 of 2020 & batch directing NHAI to form service road in terms of Guideline No.2.12.2.1 of Manual of Specifications & Standards for Four Laning of Highways through Public Private Partnership, IRC:SP:84-2014, through public private partnership and further stated that only 54.76 sq.mts of land would be acquired from the petitioner.