Central Government Finalizes Land Acquisition for National Highway 16 Widening in Guntur

The Ministry of Road Transport and Highways issued Notification S.O. 3154(E) on September 15, 2020, formalizing the acquisition of land for the expansion and development of National Highway No. 16. This delegated legislation, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), declared the final acquisition of land parcels situated in Guntur District, Andhra Pradesh, specifically for the building, maintenance, management, and operation of the Chilakaluripet - Vijayawada Section of NH16, spanning from Km.380/600 to Km.432/650. The process commenced with an earlier notification, S.O. 3575 (E), dated September 26, 2019, which had initially declared the Central Government's intention to acquire the land under sub-section (1) of section 3A of the National Highways Act, 1956 (48 of 1956). Following the initial declaration, the substance of that notification was duly published in "The Hindu" (English) and "Sakshi" (Telugu) on October 31, 2019, as required by sub-section (3) of section 3A of the Act. The competent authority subsequently confirmed that no objections were received from any person regarding the proposed acquisition. In compliance with sub-section (1) of section 3D of the said Act, the competent authority submitted its report to the Central Government, leading to the issuance of the current notification. This notification came into force upon its publication in the Official Gazette on September 15, 2020. The Schedule appended to the notification provides a detailed description of the land to be acquired, including survey numbers, type of land, area in hectares, and names of land owners or interested persons, primarily located in Peddakakani Taluk and Village within Guntur District.

The legislative intent behind this notification is to facilitate crucial infrastructure development by enabling the widening and six-laning of National Highway No. 16, a vital artery for connectivity in Andhra Pradesh. The policy rationale underscores the government's commitment to enhancing the capacity and operational efficiency of national highways, thereby improving transportation and fostering economic growth in the region. The earlier legal position involved a preliminary declaration of intent to acquire, which initiated the statutory process under the National Highways Act, 1956. This notification addresses the procedural requirements and statutory gaps by finalizing the acquisition after ensuring due process, including public notice and the opportunity for objections, had been meticulously followed. The Central Government, upon receiving the competent authority's report and exercising powers conferred by sub-section (1) of section 3D of the Act, declared that the specified land should be acquired. Furthermore, the notification establishes the enforcement mechanism for the acquisition, stating that the land shall vest absolutely in the Central Government, free from all encumbrances (meaning full ownership without any prior claims, liens, or liabilities), immediately upon its publication. The legislation provided: “…on publication of this notification in the Official Gazette, the land specified in the said Schedule shall vest absolutely in the Central Government, free from all encumbrances.” This provision ensures a clear title for the government, enabling the smooth execution of the highway project without legal impediments arising from previous ownership claims.

Keywords: National Highway 16, land acquisition, Guntur, Andhra Pradesh, Ministry of Road Transport and Highways, infrastructure development, NHAI, Chilakaluripet-Vijayawada Geo Tags: India, Andhra Pradesh District: Guntur