HC SAYS IT WILL NOT INTERVENE IN NHAI ROAD PLANS

The Telangana High Court has made it clear that the scope is “very limited” for a judicial review of the plans made by National Highways Authority of India (NHAI) for construction of new roads or widening of existing roads.

A division bench headed by Justice Ujjal Bhuyan observed that NHAI technical experts prepared the detailed project reports (DPR) by keeping in view factors like intensity of vehicular traffic and larger public interests. Courts cannot instruct the authorities how to go about doing this, or which lands should be acquired or not be acquired for such a purpose.

The division bench allowed an appeal filed by NHAI, which challenged the single judge order and a review petition. NHAI contended that the single judge order made hindrances to its plan for widening the NH-161 stretch from Sangareddy-Nanded-Akola to four-lane. In the order, the single judge had given the liberty to NHAI to proceed with the works upon considering the contentions of the land owners of Survey numbers 443, 444 and 445 in Kandi village in Sangareddy district.

They had complained that the authorities were attempting to oust them from their lands. There already was a small cart-track route. For the purpose of widening the road, there ought to be acquisition of equal extent on either side of the cart track route. Instead, entire lands of the petitioners were sought to be acquired, the court was told.

NHAI submitted that considering various aspects, such as feasibility, realignment, environmental and social impact assessment, etc, the expert consultant had proposed a bypass road from Kandi village to Fasalwadi to avoid large-scale demolition of residential, commercial and industrial structures in Sangareddy town.