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Ministry of Road Transport and Highways Notifies Land Acquisition for NH716 Widening in Andhra Pradesh

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The Ministry of Road Transport and Highways issued Notification S.O. 2112(E) on June 26, 2020, formally declaring its intention to acquire specific land parcels for the expansion and maintenance of National Highway 716. This notification, published in the Official Gazette, came into force upon its publication. The Central Government, exercising powers conferred by sub-section (1) of section 3A of the National Highways Act, 1956 (Act 48 of 1956), determined that the land was required for the public purpose of building, including widening, two-laning with paved shoulders, or four-laning, as well as for the maintenance, management, and operation of NH716. The identified stretch of land spans from Km 100.500 to Km 120.985, connecting Kadapa and Renigunta, located within the Chittoor district of Andhra Pradesh. The notification detailed the specific land parcels through a comprehensive Schedule, outlining survey/plot numbers, type of land (government or private), nature of land (e.g., Poramboke - Vagu, Wet, Dry, Poramboke - Cheruvu), and area in both square meters and hectares, covering villages such as Anagunta and Vedhullacheruvu.

The legislation provided: “the Central Government, after being satisfied that for the public purpose, the land, the brief description of which is given in the Schedule below, is required for building (widening/two lane with paved shoulder/four laning etc.), maintenance, management and operation of NH716 in the stretch of land from Km 100.500 to Km 120.985 (Kadapa - Renigunta) in the district of CHITTOOR in the State of ANDHRA PRADESH, hereby declares its intention to acquire such land.” This declaration initiates the formal process for land acquisition under the National Highways Act, 1956, which provides the statutory framework for such infrastructure projects. The notification also established a mechanism for public participation, allowing any person interested in the said land to object to its use for the stated purpose. Such objections were required to be submitted in writing to the Competent Authority, specifically the Sub Collector, Tirupati, or the Revenue Divisional Officer, Tirupati, Chittoor District, within twenty-one days from the date of the notification's publication. The Competent Authority was mandated to provide the objector an opportunity of being heard, either in person or through a legal practitioner, and could, after due inquiry, either allow or disallow the objections, with the final order being conclusive. Further, the land plans and other pertinent details regarding the acquisition were made available for inspection at the office of the Competent Authority, ensuring transparency in the process.

The legislative intent behind this notification was to facilitate critical infrastructure development necessary for improving national connectivity and transportation efficiency. By invoking the provisions of the National Highways Act, 1956, the Central Government aimed to address the need for enhanced road infrastructure along NH716, which is vital for regional economic activity and public mobility. The Act itself provides a robust legal framework for the acquisition of land for national highway projects, ensuring that such acquisitions are carried out for a clear public purpose and with due process. This specific notification filled the statutory gap by identifying the precise land parcels required for the widening and operational improvements of the designated highway stretch. It did not introduce new rights or obligations but rather applied existing statutory provisions to a specific project, ensuring that the acquisition process adhered to established legal procedures, including the right to object and be heard. The enforcement mechanism is clearly defined within the Act, with specific timelines for objections and a designated authority to adjudicate them, thereby streamlining the process for project implementation while safeguarding the interests of affected parties.

Keywords: National Highways Act, land acquisition, NH716, Ministry of Road Transport and Highways, Andhra Pradesh, Chittoor, infrastructure, public purpose, notification, road widening

Geo Tags: India, Andhra Pradesh District: Chittoor