HC bench dismisses appeal challenging land acquisition

A division bench of the Telangana High Court dismissed an appeal challenging acquisition of land for the Kalwakurthy bypass road on National Highway 167K, holding that courts cannot ordinarily interfere with highway alignment decisions taken by technical experts in the absence of established illegality or mala fides. The bench comprising Acting Chief Justice P. Sam Koshy and Justice Suddala Chalapathi Rao was hearing a writ appeal filed by Talasani Sravan Reddy. The petitioner challenged the dismissal of his writ petition questioning the acquisition of one acre of land in Survey No.509 of Kotrasivar Village, Nagarkurnool District.

The petitioner contended that the final map showed the bypass commencing from chainage 76/400, whereas the acquisition proceeded on the basis of an alignment commencing from chainage 76/100, resulting in unnecessary acquisition of his land. He further contended that his objections to the proposed acquisition were not properly considered by the competent authority. The respondents submitted that three alignment options were examined and the Ministry of Road Transport and Highways approved the third option, which commenced from chainage 76/100.

The bench observed that the competent authority duly considered the objections of the petitioner and that the alignment was determined on the basis of technical feasibility. Relying on a Supreme Court judgment, the bench reiterated that judicial review of highway alignment decisions is limited and interference is warranted only in exceptional cases involving violation of law or established mala fides. Finding no grounds to interfere with the order of the single judge, the bench dismissed the writ appeal.