The main legal point established in the judgment is the balancing of the importance of a development project with irregularities and malafide actions in the acquisition process, leading to the award of compensation at the SRO rate for the acquired land and the direction for the restoration of a lake.

ORDER

Mr. Arun Mishra, J. The appeals pose a peculiar situation. On the one hand there is a concept of sustainable development and on the other hand, several changes of alignment were made within a span of one year by the appellants in the matter of acquisition of the land for the construction of Outer Ring Road (in short, 'the ORR') around Hyderabad and Sikandarabad. This Court vide order dated 16.10.2015 permitted the appellants to complete the remaining portion of the work in the ORR subject to the result of the appeal.

2. At present ring road has been completed and is in use and amount of approximately Rupees Six thousand crores has been invested for the construction of the ORR. Other development by its side has also been made.

3. The High Court found that with respect to certain areas i.e. survey nos. 25,26,28,29 & 122, the Notification under section 4 of the Land Acquisition Act, 1894 (in short, 'the 1894 Act') was not issued. The High Court has also found that the change of alignment was made in order to benefit certain persons on political consideration or otherwise. In the instant case CBI investigation was also ordered and CBI found that the Hyderabad Urban Development Authority (HUDA) which has been renamed as Hyderabad Metropolitan Development Authority (in short, 'the HMDA') had proceeded with the acquisition of the land without preparing proper plan for proper alignment and it appears that alignment has been changed in order to benefit certain individuals.

4. It was also the case set up by the appellants that Nagulkunta Lake, which was in the area of 11 acres, had been acquired to the extent of 7 acres and area of four acres was left. Thus, the construction made by the destruction of the Nagulkunta Lake is absolutely improper and the respondent be directed to restore the Lake.

5. HMDA started acquisition proceedings by issuance of Notification under Section 4 of the 1894 Act in the year 2005. Total five notifications were issued in the year 2005. An inquiry under Section 5A of the 1894 Act was conducted; thereafter Awards were passed in the years 2008 and 2009.

6. The project was initiated in the backdrop facts of the case that Government of Andhra Pradesh had initiated the preparation of the original plan for ORR in 2001 by engaging M/s. MECON for feasibility study and the report was submitted in July 2003. In July 2004, Government of Andhra Pradesh re-examined the project and considered the recommendations of a group of senior officials in Government and HMDA and the concept was devised to be taken up as greenfield project through open areas avoiding major settlements and habitations. The revised plan was prepared for ORR. There was a proposal of 159 km of the road around the twin city of Sikandrabad and Hyderabad. The Topographical survey was undertaken. The ORR was designed to be an eight-lane fully access controlled expressway with two-lane service road on both sides featuring world-class designing like cover leaf junctions and multiple level flyovers with connectivity to various State and National Highways, which was conducted as an integral part of the Hyderabad growth corridor. The ORR offers to the city dwellers various benefits including relieving of traffic congestion providing orbital linkage to radial arterial roads creating option for development of satellite townships, providing quick access to strategic parts of city including new international airport, hi-tech city, games village, hardware park, knowledge park, Singapore township, financial district etc.

7. The alignment was taken through greenfield area, avoiding major habitations structures etc. Thus, as the initial alignment did not provide for intersections including connectivity to State and National Highway. The requirement entailed the acquisition of additional land of 80-100 acres at junction points on all important roads.

8. Various notifications issued were questioned in the High court and some of the petitions were filed after a delay