B. SRIDHAR REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) In these two Writ Petitions, the petitioners question the acquisition proceedings initiated by the respondents for the purpose of building (widening/four-laning/lining etc.), maintenance, management and operation of NH-163G on the stretch of land from KM.88.418 to KM.111.762 (Parkal) in the district of Hanamkonda in the State of Telangana initiated under the provisions of the National Highways Act, 1956 ("the Act, 1956" for brevity) and sought for setting aside of the notifications issued under Sec. 3A and 3D of the Act, 1956. The main ground on which these Writ Petitions were filed is that the respondents have not obtained the environmental clearance, which is a mandatory requirement for initiating the acquisition proceedings in respect of the subject lands in terms of the law laid down by the Hon'ble Apex Court in Project Director, Project Implementation Unit v. P.V.Krishnamoorthy,2020 SCC Online SC 1005.

(2.) This Court, having taken note of the judgment of the Hon'ble Apex Court in Project Director, Project Implementation Unit v. P.V.Krishnamoorthy (1 supra), passed the following interim order on 27/2/2023:-

(3.) The respondents 3 and 4 filed a counter affidavit on 10/7/2023 and an additional counter affidavit on 25/9/2023. In the additional counter affidavit filed by the respondents 3 and 4, it is stated that the required environmental clearance was granted by the sixth respondent on 5/7/2023 for construction of the project in question and a copy of the same is also placed before this Court. With regard to the other objections/grounds that are raised by the petitioners against the impugned acquisition proceedings, they were also answered by the respondents in the counter affidavits referred to above. No reply affidavit is filed by the petitioners in response to the averments made in the counter affidavits of the respondents 3 and 4.