COMMON JUDGMENT

(Per Ninala Jayasurya, J)

As the issues involved in these matters are similar in nature, the same are taken up together with the consent of all the parties and disposed of by this common judgment.

2. At the outset, it would be appropriate to set out the brief narrative of the background of the matters that eventually lead the respective parties to approach this Court.

3. To curb the traffic congestion due to heavy vehicular traffic on National Highway (hereinafter referred to as ‘N.H.’) Nos.16 and 65, passing through the ring road in the midst of Vijayawada city, initially a flyover popularly known as Benz circle /Benz flyover (hereinafter referred to as ‘1st flyover’) was constructed on the eastern side for free flow of traffic from Calcutta side to Chennai side. The said flyover of a length of about Km. 2.50 meters starts at Novotel junction, ends at Screw Bridge junction and was brought into operation in the year 2020. Further, to ease the flow of traffic on the National Highway from Chennai side to Calcutta side, on the western side, another flyover (hereinafter referred to as ‘2nd flyover’) was proposed to be constructed. The said flyover with a length of about Km.2.47 meters is parallel to the 1st flyover covering three junctions viz., Benz circle junction, Nirmala Convent junction and Ramesh Hospital junction. Vehicles from Chennai side can ply on the 2nd flyover without hindrance to local traffic at the above said junctions and the works in respect of the same are being carried at a rapid pace. Ventilating certain grievances with reference to the said flyovers, some of the petitioners claiming to be residents of the colonies adjacent to these flyovers, filed writ petitions.

4. For the sake of convenience, the parties are referred to as they were arrayed in the respective writ petitions.

5. In writ petition No.19887 of 2019, the petitioners stating that they are the residents of various colonies situated in and around Patamata, Patamata Lanka and Yenamalakuduru of Vijayawada Municipal Corporation sought the following relief:

“It is therefore prayed that this Hon’ble Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of Writ of Mandamus a) directing to complete the process of acquisition, vide Section 3A(1) Notification dated 28.01.2019 of National Highways Act, 1956 published in Gazette of India (extraordinary) dt.29.01.2018 within a time bound programme.

b) directing to form service road abutting “Benz Circle Flyover” on eastern side, at a width of 10 mtrs., declaring their inaction as illegal and ultra vires to the provisions of Article 14 and 21 of the Constitution of India besides being violative of the National Highways Act, 1956 and pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case.”

6. In the affidavit filed in support of the writ petition, the grievance voiced inter alia was with regard to non-formation of a service road, though the construction of 1st flyover was nearing completion. It is their case that the service road has to be provided by the authorities which would serve the residents of various colonies situated in and around Patamata, Patamata Lanka and Yenamalakuduru, a thickly populated area, covered by various business establishments, residential apartment complexes and also individual houses.

7. It was further asserted that respondent No.1 therein issued a Notification dated 28.01.2019 under Section 3-A(1) of National Highways Act, 1956 in Gazette of India (Extraordinary) dated 29.01.2019 having been satisfied that the lands shown in the Schedule are required for a public purpose viz., for formation of a service road at a width of 8.5 meters, but the land acquisition process was abandoned, for the reasons best known to the authorities concerned. It was further stated that though respondent No.3/District Collector, Krishna District, addressed a letter dated 23.11.2019 to respondent No.2