The court affirmed that the declaration of a road as a national highway is not a prerequisite for land acquisition under the National Highways Act, emphasizing public interest in infrastructure development.

ORDER :

1. The land owners, whose lands have come under acquisition for construction of a four-lane access-controlled Greenfield Highway by National Highway Authority of India (NHAI) from Khammam-Devarapalli are before this Court.

2. Heard the learned Counsel for the petitioners and the learned Counsel appearing for the respondents.

3. The present petition is filed challenging the Notifications, Award Enquiry Notices, Award, Award Notices issued under the National Highways Act, 1956, EIA Notification, 2006 viz., (i) SO.No. 1388 (E) published in Gazette No.1240 dated 27.04.2020 and under section 3A of the NH Act, 1956 published in Hans India, Andhra Jyothi daily News Papers dated 08.05.2020 (ii) S.O.No.4189(E), MORT & H dated 23.11.2020 published in Gazette No.3687 under section 3D of the NH Act, (iii) Public Notice Rc.No.1/2020/CALA&JC/NHAI/365BG, dated 08.08.2020 under section 3(G)(3) of the NH Act; (iv) Award Enquiry Notices vide ROC No.1/NH-365 BG/2020 dated 20.01.2020 and 23.01.2021; (v) Award Nos.6/2021/NH-365BG, 7/2021/NH-365 BG, dated 15.03.2021 of the 6^th Respondent under section 23 of RFCTLRR Act r/w section 3G of the NH Act; (vi) Award Notices issued vide Roc.No.01/2020/NH-365 BG dated 17.07.2021 under section 3H(2) of the NH Act, 1956 and section 26 of RFCTLRR Act; (vii) Proceedings in File No.10-51/2020-IA.III, dated 23.12.2021.

4. The learned counsel for the Petitioners submitted that the Petitioners are the owners of the lands in Rajavaram, Iduvadalapalem, Kannayagudem Villages, Koyyalagudem Mandal of West Godavari District, Andhra Pradesh.

The said revenue lands were sought to be acquired for public purpose of constructing Khammam-Devarapalli four-lane access-controlled Greenfield Highway by Respondents (NHAI).

It is the case of the Petitioners that they have paid conversion tax as regulated under Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 (APLA Act) and that the same has been intimated to Revenue Divisional Officer. The Petitioners contend that the land stood converted on payment of conversion tax by the date of Sec.3A Notification by virtue of Section 3 of APLA Act. However, W.P.No.1377 of 2019 pertaining to conversion of the said lands to non-agricultural lands is pending before this Hon‟ble Court.

It is also contented by the Petitioners that initially in the year 2018, the Respondents have issued Notification and Awards similar to the impugned Proceedings and on receiving objections dated 05.11.2018 from the Petitioners that the alleged road is not a National Highway published under NH Act and therefore the provisions of NH Act cannot be invoked, the Respondent authorities dropped the acquisition proceedings and that after a lapse of two years, fresh notifications have been issued which are impugned in the case on hand.

It is vehemently contended by the learned counsel for Petitioners that there is no declaration by the Union of India (1^st Respondent) in the Gazette that the proposed road is a National Highway as mandated under Section 2(2) of the NH Act and therefore the NH Act does not apply and that the entire impugned Proceedings of acquisition, Notification and Awards are ultra vires liable to be set aside. It is also argued by the learned counsel for Petitioners that it is nothing but colourable exercise of power just to escape the rigors of RFCTLRR Act.

The learned counsel for Petitioners further stated that the Petitioners have raised objections under Section 3C dated 15.05.2020 and that they have also filed claim statements in the office of the Competent Authority, Land Acquisition (6^t