The High Court will not interfere with technical decisions regarding highway alignment and land acquisition notification under Article 226 of the Constitution of India when the National Highways Act provides a complete statutory mechanism for raising objections.

O R D E R:

Petitioners contend that the 1st Petitioner is owner of landed property admeasuring Acs. 2.05 in Sy. No. 251/AA3, situated a few yards away from the 100 Ft. Wyra Road and the 2nd Petitioner is owner of 1600 Sq. Yards in Sy. Nos. 253 AA and 254A of V. Venkatayapalem Village, Raghunadhapalem Mandal, Khammam District, Telangana, near the Khammam District Offices Complex and abutting the 100 Ft. Wyra Road, which lands are covered under the impugned notification, thereby conferring upon them the requisite right, title and interest to question the same.

1.1. It is contended that Respondents issued the impugned Notification dated 29.07.2022 under Section 3A(1) of the National Highways Act, 1956 (for short, ‘the Act’), inviting objections for acquisition of lands in V. Venkatayapalem Village, Raghunadhapalem Mandal, Khammam District, Telangana State, for laying the proposed Green Field Highway from Khammam to Vijayawada in Andhra Pradesh State, without furnishing particulars of the lands sought to be acquired and the names of their owners, thereby acting in blatant violation of Section 3A(2) and the guidelines issued by the Ministry of Road Transport and Highways and the Ministry of Environment and Forests, thereby prejudicing and defrauding the land losers.

1.2. The District Collector, Khammam addressed letter dated 17.05.2022 to NHAI through the Chief Secretary, Government of Telangana, clearly demonstrating that the Respondents have failed to adhere to the governmental guidelines relating to maintaining appropriate distance from human habitations and work places while finalizing the alignment. It is also contended, as per Respondents themselves, three alternative alignments were considered, namely i) the present alignment comprised in the impugned notification, (ii) an alignment to the left of the present alignment, and (iii) an alignment to the extreme left of the present alignment, and that the present alignment has been chosen despite being the nearest and adjacent to Khammam city, thereby adversely affecting the public at large, including local residents, representatives and officials.

1.3. Petitioners contended that the impugned notification is illegal as it is in derogation of Section 3A(2) of the said Act, which mandates that the notification must contain a brief description of the lands proposed to be acquired, which requirement has not been complied with. The impugned notification is irregular and contrary to Notification issued by the Government of India, Ministry of Road Transport and Highways (Planning Zone), dated 26.02.2018, particularly Para 8(ii), which stipulates that highway alignment should be planned at a reasonable distance from human habitations, which guideline has been violated. The impugned notification is in derogation of the Environmental Impact Assessment Guidance Manual for Highways issued by the Ministry of Environment and Forests, Government of India, particularly with respect to air pollution mitigation measures as provided under Para 5.2, first point relating to mitigating measures.

1.4. Petitioners further contend that the impugned notification is also in violation of the said Environmental Impact Assessment Guidance Manual with regard to mitigation of sound pollution as provided under Para 5.4, first point relating to mitigating measures. The impugned notification is contrary to the guidelines issued on Land Acquisition for National Highways under the National Highways Act, 1956, which have not been followed in the present case. It is further contended, Respondents ought to have rectified t