Hon'ble KABIR, J.— Civil Appeal No.52 of 2008 arising out of SLP(C)No.19592 of 2007 filed by M/s. Jayabheri Properties Pvt. Ltd. and others, was taken up for hearing and final disposal along with Civil Appeal Nos.74 and 215 of 2008 arising out of SLP(C)No. 19633/07 and SLP(C)D.No.29751/07 respectively. Since all the three appeals arise out of the same set of facts and give rise to the same set of issues, they have been taken up together for hearing and final disposal.

2. Two writ petitions being Writ Petition Nos.22809 and 22810 of 2006, were filed by the appellants herein, whereas Writ Petition No.26996 of 2006 was filed by T. Chittaiah and three others against the State of Andhra Pradesh and, in particular, against the Hyderabad Urban Development Authority (hereinafter referred to as the ‘HUDA’). The three writ petitions relate to the challenge thrown to the acquisition of land comprised in Survey Nos.176, 189, 190, 191, 197, 198, 199, 200, 201 and 202 of Narsingi Village and Survey Nos.292, 293 and 294 of Poppalguda Village of Rajendranagar Mandal, Ranga Reddy District for the Outer Ring Road (ORR) Project for the twin cities of Hyderabad and Secunderabad.

3. The said project was for the purpose of providing an Inner and Intermediate Ring Road and an Outer Ring Road as part of the main circulation system for traffic. In 1984, HUDA undertook a detailed study for the development of the Intermediate Ring Road, but there was little or no progress in view of the growth of the city and advent of the Information Technology industry and various other educational and industrial projects. In 2001, the Government of Andhra Pradesh initiated a project known as the “ORR Project” and HUDA engaged M/s. MECON for feasibility study.

4. The report submitted by M/s. MECON contemplated the laying of a 109 km. 4-lane connectivity around the city. In July, 2004, the project was reexamined and on the recommendations made by senior officers of the Government and HUDA, the project was revised so that ORR could pass through open areas avoiding major settlements and habitations. The revised project was notified vide G.O.Ms.No.442 dated 19th October, 2004. The ORR alignment was finalised in April, 2005, providing for a 159 km. road around the twin cities and Ranga Reddy District.

5. The final alignment comprised of Western, Northern, Eastern and Southern sectors. Thereafter, notifications dated 13th April, 2005 and 21st April, 2005, were issued under Section 4(1) of the Land Acquisition Act, 1894, for acquisition of various lands in different sectors. Since the alignment of the Western Sector was through Poppalguda and other villages which comprised hillocks, tanks and lakes, representations were made for change of the said alignment which led to the inspection of the same by officers of the technical wing of the ORR Project. It was found that the alignment involving huge rock-cutting, would be highly uneconomical. The proposed Trumpet Interchange at the T-Junction point which was incorporated at Poppalguda Junction, was found to be affecting a water body and school building. Accordingly, an alternative alignment was considered by a Committee comprising senior officials of the Government and HUDA which inspected the alternative alignments and made certain observations. Among the observations which affected the parties to the present proceedings, was observation (e), which, on the basis of a quick survey, inter alia, provided as follows :

(i) The alignment should not affect any water body, as it was environmentally sensitive zone.

(ii) The alignment should involve minimal rock cutting and filling, as the terrain was uneven.

(iii) The alignment should involve minimal bends and curves keeping the design standards of the Outer Ring Road in mind.

6. On the basis of the aforesaid suggestions, the matter was assigned to NSS Associates, which submitted its report on 15th November, 2005, with the recommendation that the notified Western Alignment joining Phase I at Po

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