(Per Ramesh Ranganathan, J.)

1. This writ petition is filed in public interest to declare G.O.Rt. No.1830 Transport, Roads & Buildings (R-1) Department dated 20.12.2008 issued by the 1st respondent entrusting the work of formation of the road, from Mangapatnam to K. Sugumanchipalli Village i.e., K.M 0/0 to KM 30/30 on State Highway No.31, on nomination basis to the 4th respondent as arbitrary and against public interest.

2. Facts, in brief, are that the Galeru Nagari & Sujala Sravanti (GNSS) project envisages drawal of 38.0 tmc of surplus flood waters from the Krishna river to provide irrigation facilities over an extent of 2.60 lakh acres in the drought prone areas of Kadapa (1,55,000 acres), Chittoor (1,03,500 acres) and Nellore (1,500 acres) districts besides meeting the drinking water needs of a population of 10 lakhs. Keeping in view the magnitude of the project it was proposed to take up the works in a phased manner. In March, 2005 the first phase, which involved the works of formation of the Gandikota Reservoir, Vamikonda Sagar reservoir, Sarvaraja Sagar Reservoir including earth work excavation of the GNSS main canal from km. 0.000 to Km. 32.640 and construction of cross masonary and cross drainage (CM & CD) works along with distributory system, were taken up. A proposal was submitted for construction of the Gandikota reservoir at FRL + 209.00 M with a storage capacity of 16.850 TMC and administrative approval was granted vide G.O.Ms.No.53 dated 10.6.2004 for Rs.560.00 Crores. As a result 14 villages, in and around Gandikota reservoir, fell under submergence. In addition the Renigunta-Kadapa-Rayalacheruvu State Highway (SH-31) was expected to submerge for a length of 17.00 Kms.

3. On their bid being found to be the lowest, the work of construction of the Gandikota reservoir was awarded to M/s Maytas – NCC (JV), Hyderabad for Rs.325.70 Crores under EPC Turnkey System. The Superintending Engineer, GNSS Circle, Kadapa, in his letter dated 20.8.2005, informed the Superintending Engineer, R & B, Kadapa of the partial submergence of State Highway No.31. The Superintending Engineer, R & B, vide letter dated 29.08.2005, submitted a proforma estimate for Rs.45.00 Crores for formation of the 17 KM road. Construction of this diversion road was, however, not taken up.

4. On 14.02.2007 the Government decided to raise the FRL of Gandikota dam from + 209.00M to + 212.00 M and to enhance its capacity from 16.850 tmc to 26.850 tmc in order to provide irrigation facilities to the additional ayacut under lift schemes. As a result, another eight villages fell under submergence necessitating a change in the road alignment. On being directed to conduct a detailed investigation regarding the change in alignment the R& B officials, vide letter dated 29.5.2007, requested that Rs.20.00 Lakhs be deposited for carrying out such an exercise and the said sum was deposited vide cheque No.118606 dated 27.7.2007. The Government, vide memo No.1869/Maj. Irrigation VI/2007-1 dated 9.8.2007, instructed the Chief Engineer (Projects) Irrigation, Kadapa to obtain the estimated cost of the work through the Engineer-in- Chief (Roads) so as to accord revised administrative approval. On 24.11.2007 the R & B officials

informed that the survey work, which had been entrusted to M/s VAX consultants, Chennai, had to be stopped as the new road alignment could not be finalized until the Railways finalized the alignment of the new railway track. On 7.1.2008 the site was jointly inspected by the Railway officials, R & B department officials and Irrigation department officials and the off-take point of the new railway alignment was agreed upon. The Superintending Engineer, R & B Circle, Kadapa, vide letter dated 20.2.2008, informed that, consequent upon the FRL of the Gandikota reservoir being raised to + 212.00 Meters, the Renigunta- Kadapa– Rayalacheruvu road fell under submergence for a length of 29 km. He communicated the estimates for the new road with 2 l