COMMON ORDER:

The issue involved in these batch of cases pertains to shifting /

realignment of Transmission Lines and erection of the towers in the lands of the petitioners, the details of which are set out in the respective writ petitions, therefore, the same are disposed of by this Common Order.

2) The relevant facts, for better appreciation of the rival contentions, may briefly be stated as follows:

i) The National Highways Authority of India (for short “the NHAI”) under ‘Bharath Mala Pariyojana Project’ undertook formation of new Six Lane Green Field Vijayawada Bypass from China Avutapalli (design CH.000) to Gollapudi (design CH.30.000) to facilitate and ease the traffic on Vijayawada – Gundugolanu Section of NH-16 for a length of 30 Kms. The said project was awarded on Hybrid Annuity Mode (PKG- III) on 18.02.2021 with a total project cost of Rs.1,148.40 crores, out of which Rs.54.01 crores was allocated for land acquisition and Rs.93.25 crores was earmarked for utility shifting, which are causing obstruction for formation of the roads.

ii) Since for formation of new roads, shifting of the existing 400 KV High Tension(HT) utility lines laid by the Power Grid Corporation of India Ltd., (for short “the Power Grid”) is involved, an agreement dated 31.03.2023 was entered into between the NHAI and the Power Grid. As per the guidelines issued by the Government of India, Ministry of Power for 400 KV HT Lines, 46 meters of width of RoW (Right of Way) is prescribed and therefore, the land owners cannot cultivate the land or plant trees thereunder for their own safety and for the safety and integrity of the HT Lines.

iii) The proposed location of the HT Towers and the RoW required was spread over several villages i.e., Vedurupavuluru, Nunna, Ambapurum, Gollapudi, Jakkampudi and K.V.Kandrika and falls under NTR and Krishna Districts. As the ROW of existing HT Lines is under possession of the Power Grid, at the request of the NHAI, the Power Grid agreed to shift / modify the existing HT Line as per the newly approved plans of the Power Grid on par with the existing design configuration, technical and safety measures. The payment of total cost of utility shifting / modification of lines and the cost of the land required for the said purpose will be borne by the NHAI.

iv) Based on the approved technical plans of the Power Grid, requisitions were submitted to the District administrations of the NTR and Krishna Districts, pursuant to which vide Proceedings dated 23.11.2022, the District Collector, NTR District determined the compensation in respect of the lands situated in Gollapudi village, which would be affected by reason of relocation of existing HT lines.

v) Aggrieved by the purported action of the respondents in laying the new HT Lines by relocating existing lines through the subject matter lands of the petitioners, Writ Petition Nos.35273, 35423, 36265 of 2022 and 450, 452, 1569, 9383, 21919, 22826 and 22827 of 2023 have been filed. Challenging the proceedings of the District Collector dated 23.11.2022, W.P.No.29839 of 2023 has been filed. In all the writ petitions, the contesting respondents i.e., NHAI and Power Grid / APTRANSCO filed their counter-affidavits, to which reply-affidavit was filed only in W.P.No.35423 of 2022.

3) Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the respondents. Perused the material on record. Since arguments were addressed with reference to W.P.No.35423 of 2022, for the sake of convenience, it is taken as lead case.

CONTENTIONS:

4) Mr. P. Soma Sekhara Naidu, learned counsel for the petitioners in W.P.No.35423 of 2022 advanced elaborate arguments. He submits that the petitioners originally possess land of an extent of Ac.1-50 cents situated in Gollapudi village and out of the same, an extent of 1174 Sq. mtrs., was acquired for the purpose of widening / extension of National High Way-5 from Gundugolanu – Vijayawada Bypass. He submits that 400 KV Over Head Transmission