% ^ ■Sl;^ APHC010105282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI fm •1^ MONDAY,THE EIGHTEENTH DAY OF AUG TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE^ AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATk WRIT APPEAL NO: 257 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the Order dated 29.11.2024 passed in WP.No.27526 of 2024 on the file of the High Court. Between: The Jerusalem Minstries Society, Rep by its President and Church Pastor, Gundepogu Sudhakar, S/o Pullaiah, Aged about 49 years R/o H.No.4-65, Pamulapudu Village and Mandal, Nandyal District, Andhra Pradesh State. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Transport and Roads and Building, Velagapudi, Amaravati, Guntur District. 2. The Union of India, The Road And National Highways Department, Central Secretariat, New Delhi. Principal Secretary, Department, Secretariat, 3. The District Collector, Nandyal District, Nandyal. 4. The Joint Collector And Land Acquisition officer. National Highway C, Nandyal District, Nandyal. 5. The Project Officer, National Highway Department, National High way 340-C, the office of Plot No.21 Teachers Colony, Gurunanaknagar, Vijayawada, Krishna District. 340- 6. The Superintendent Engineer, Roads And Building Department » Nandyal District, Nandyal. r ...Respondents— lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings issued by Respondent No:4 in issuing notice vide RCB 1531/2022 dated 20.11.2024 for acquiring the possession of the church premises for the purpose of demolition in respect of land in Sy. No 448/A1B and extent of Ac. 0.78cents(Ac 0.28+ 0.50 Cents) of Chelimella Village, H/o Rudravaram Village, Pamulapudu Mandal, Nandyal District, for laying 4 lane National Highway Road NH340C, pending disposal of the Writ Appeal. -- lA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned Judgment of the Learned Single Judge dated 29.11.2025 in WP.No.27526 of 2024 pending disposal of the Writ Appeal. ^ Counsel for the Petitioner: SRI DOMMETI SUDHAKAR Counsel for the Respondent Nos. 1 and 6: GP FOR ROADS Counsel for the Respondent No. 2: SRI PASALA PONNA RAO SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos. 3 and 4; GP FOR REVENUE - Counsel for the Respondent No. 5: SRI S S VARMA (SC FOR NHAI) The Court made the following order: BUILDINGS^ DEPUTY^ Bench Sr.No:-1 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010105282025 e:: Writ Appeal No: 257 of 2025 ...Appellant The Jerusalem Ministries Society Vs. ...Respondents The State of AP and others ********** Mr. Dommeti Sudhakar Advocate for Appellant; Advocate(s) for Respondent(s): GP for Roads & Buildings, GP for Revenue CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI ; 18**’ August, 2025. Per DHIRAJ SINGH THAKUR. CJ: The present writ appeal has been preferred against judgment and order dated 29.11.2024, passed in Writ Petition No.27526 of 2024. DATE Briefly stated the material facts are as under: Land belonging to the petitioner - appellant herein became the subject matter of acquisition by the official respondents for construction of National Highway - NH 340C. Representations and objections to the acquisition notice stated to have been filed by the petitioner before the official respondents. 2. are 2 HC) STRC) WA_257_2025 A writ petition also came to be filed bearing W.P.No.31089 of 2022, in which it is stated that the Court did not interfere with the acquisition process. Notice dated 20.11.2024 was issued by the respondents for taking over possession of the subject property, in purported compliance to the provisions of the National Highways Act, 1956. 3. Case of the petitioner before the learned Single Judge was that the petitioner ought not to be dispossessed without payment of compensation, and further, that the land ought to have been acquired on both sides instead of restricting the acquisition towards the property of the petitioner which would result in the structures raised by the petitioner being saved from demolition. 4. The stand of the official respondents before the learned Single Judge was that the acquisition was being made based upon the field survey and identification of the properties as per the alignment finalized and that if there was any change in alignment as was being sought by the petitioner, it would hamper and delay the execution of the project as also increase the financial burden on the National Highways Authority. 5. The learned Single Judge observed that the objections and representations which have been filed before the concerned authorities had been considered and the same were rejected, and further that the same were also challenged before the learned Single Judge in a different Writ Petition bearing W.P.No.31089 of 2022, in which no orders were passed to stall the acquisition process. It was also observed that the acquisition proceedings 6. 3 HC]&RC] WA_257_2025 were completed and an Award in respect of the petitioner was also passed and the amount stood deposited. In that view of the matter, the petition came to be disposed of with a direction to the petitioner to receive the compensation as awarded, by proving his title and possession over the subject property. Liberty was further granted to the respondents to proceed further in accordance with law. We have heard learned counsel for the appellant who has reiterated the arguments which were advanced during the course of proceedings before the learned Single Judge. 7. Emphasis laid by learned counsel for the appellant was on how the alignment ought to have been changed to save the structures of the appellant by providing a slight deviation in the alignment as was done on many occasions by the National Highways Authority in the past. 8. At this stage, it would be apt to refer to the Apex Court judgment, rendered in the case of Union of India vs. Kushala Shetty and others\ 9. wherein it was held: “25. The plea of the respondents that alignment of the proposed widening of the national highways was manipulated to suit the vested interests sounds attractive but lacks substance and merits rejection because except making a bald assertion; the respondents have neither given particulars of the persons sought to be favoured nor placed any material to prima facie prove that the execution of the project of widening the national highways is actuated by mala tides and, in the absence of ^ (2011) 12 see 69 r 4 HC) & RC) WA_257_2025 proper pleadings and material neither the High Court could nor this Court can make a roving enquiry to fish out some material and draw a dubious conclusion that the decision and actions of the appellants are tainted by mala tides. 28. Here, it will be apposite to mention that NHAI is a professionally managed statutory body having expertise in the field of development and maintenance of national highways. The projects involving construction of new highways and widening and development of the existing highways, which are vital for the development of infrastructure in the country, are entrusted to experts in the field of highways. It comprises of persons having vast knowledge and expertise in the field of highway development and maintenance. NHAI prepares and implements projects relating to development and maintenance of national highways after thorough study by experts in different fields. Detailed project reports are prepared keeping in view the relative factors including intensity of heavy vehicular traffic and larger public interest. The courts are not at all equipped to decide upon the viability and feasibility of the particular project and whether the particular alignment would subserve the larger public interest. In such matters, the scope of judicial review is very limited. The court can nullify the acquisition of land and, in the rarest of rare cases, the particular project, if it is found to be ex facie contrary to the mandate of law or tainted due to mala tides. In the case in hand, neither has any violation of mandate of the 1956 Act been established nor has the charge of malice in fact been proved. Therefore, the order under challenge cannot be sustained.” 10. Following the ratio of the aforesaid judgment, we feel that whether there ought to be a deviation at a particular point on the National Highway, and whether such a deviation is warranted or feasible, is a matter involving various technical aspects on which it is difficult for this Court to opine, as the decision requires to be taken by experts in the field. 5 HCJ & RCJ WA_257_2025 Furthermore, the construction of the National Highway based upon the alignment is not attributed by the appellant to any mala tides on the part of official respondents, with a view to bring down the structures which exist on 11. the parcel of land belonging to the appellant, in the absence whereof, it can only be presumed that the alignment was approved based upon technical parameters. 12. Be that as it may, we do not find any legal justification, which would warrant interference with the view expressed by the learned Single Judge. The present writ appeal is found to be without any merit and is accordingly dismissed. No order as to costs. Pending miscellaneous applications, if any, in this appeal, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTER f //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri. Dommeti Sudhakar Advocate [OPUC] 2. One CC to Sri. Pasala Ponna Rao, Deputy Solicitor General of-fndia [OPUC] 3. One CC to Sri. S S VARMA (SC for NHAI) [OPUC] ^ 4. Two CCs to GP for Roads and Buildings High Cour^jDf Andhra Pradesh [OUT] 5. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUJ]- 6. Two CD Copies GSC HIGH COURT DATED:18/08/2025 ORDER WA NO. 257 OF 2025 DISMISSING THE WA WITHOUT COSTS