APHC010481212026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WP(PIL) NO: 210 of 2026 Bench Sr.No:-42 [3584] Sanneboyina Venkateswarlu and others ...Petitioner(s) Vs. The Union of India and Others ...Respondent(s) ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 30th September 2026 Present: Advocate for Petitioner: AKULA SRI KRISHNA SAI BHARGAV Advocate(s) for Respondent(s): SASANKA BHUVANAGIRI, Standing Counsel GP FOR PANCHAYAT RAJ RURAL DEV, GP FOR HOME, GP FOR LAND ACQUISITION, THANDAVA YOGESH, T NIRANJAN Deputy Solicitor General of India, GP FOR TRANSPORT COMMON JUDGMENT: (per Hon’ble Sri Justice Challa Gunaranjan) Present writ petition is filed under Article 226 of the Constitution of India in public interest with the following prayer: “to issue a writ declaration order or a direction more particularly in the nature of Writ of Mandamus or any other 2 HCJ & CGR, J W.P.(PIL) No.210 of 2026 appropriate writ a Declare the action of Respondents in constructing Emergency Landing Facility-2 (ELF-2) on Nellore-Ongole section from Km 1274+000 to Km 1277+600 of NH-16 in the State of Andhra Pradesh as per se illegal colorable manifestly arbitrary Unconstitutional void ab initio defective illogical and discriminatory oppresive irrational unreasonable preposterous dehors Determining Principle, fundamentally ultra vires the basic structure of Constitution of India violative of Fundamental Rights guaranteed by the Constitution of India under Articles 14, 19 and 21 besides bWing opposed to doctrine of rational nexus, Democratic and Social Justice, contrary to Indian Road Congress Guidelines, National Highways Act, 1956, Land Acquisition Act, 2013, Aircraft Act, 1934, Andhra Pradesh Panchayat Raj Act, 1994 and Rules made thereunder; and (b) Consequently to remove/relocate the Emergency Landing Facility-2 (ELF-2) on Nellore-Ongole section from Km 1274+000 to Km 1277+600 of NH-16 in the State of Andhra Pradesh; Or (c) Declare the action of Respondents in refusing to provide adequate Safety Measures for the Road Users on Emergency Landing Facility-2 (ELF-2) on Nellore-Ongole section from Km 1274+000 to Km 1277+600 of NH-16 in the State of Andhra Pradesh as per se illegal, manifestly arbitrary, Unconstitutional, defective, illogical and discriminatory, oppressive, irrational, unreasonable, preposterous, dehors Determining Principle, 3 HCJ & CGR, J W.P.(PIL) No.210 of 2026 fundamentally ultra vires the basic structure of Constitution of India, violative of Fundamental Rights guaranteed by the Constitution of India under Articles 14, 19 and 21 besides bWing opposed to doctrine of rational nexus, Democratic and Social Justice, contrary to Indian Road Congress Guidelines, National Highways Act, 1956, Land Acquisition Act, 2013, Aircraft Act, 1934, Andhra Pradesh Panchayat Raj Act, 1994 and Rules made thereunder; and (d) Direct the Respondents to provide adequate safety measures for the Road Users on Emergency Landing Facility-2 (ELF-2) on Nellore-Ongole section from Km 1274+000 to Km 1277+600 of NH-16 in the State of Andhra Pradesh in accordance with law; (e) and/or to pass such other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 2. (a) Petitioners are all residents of Singarayakonda, Mulaguntapadu, Kanumalla and Kalikivaya villages of Ongole District. They are predominantly small and marginal farmers eking livelihood by conducting agricultural and dairy operations. Initially, during the year 2013–14, National Highway - 16 (NH-16) was built, which was abutting or nearby aforesaid villages where petitioners were residing and the said national highway had adequate safety measures in place. However, as a part of defence strategy, by demolishing part of existing NH-16 road, Emergency Landing 4 HCJ & CGR, J W.P.(PIL) No.210 of 2026 Facility-2 (ELF-2) was built on Nellore–Ongole section from KM 1274+000 to KM 1277+600 of NH- 16. (b) While forming ELF-2, it is stated that National Highways Authority ignored to provide adequate safety arrangements, thus, resulting in fatal accidents and loss of precious human lives. The residents of all aforesaid villages, in their day-to-day activities, were to cross National Highway for undertaking agricultural or other avigations, besides accessing educational institutions, hospitals, markets, etc. It is stated that since 2020 till now, as many as 92 persons lost their lives and about 127 persons sustained injuries due to road accidents occurred on ELF-2 corridor. (c) Though the issue was brought to the notice of National Highway, no effective steps have been initiated to put in place adequate safety measures for preventing the fatal accidents which are occurring on day-to-day basis. In those circumstances, the present writ petition came to be filed. 3. Heard Sri Akula Sri Krishna Sai Bhargav, learned counsel for petitioner and Sri J.V.Phaniduth, rep. Sri T.Niranjan, learned Deputy Solicitor General of India, Sri Thandava Yogesh, learned standing counsel, learned Government Pleaders for Transport, Panchayat Raj & Rural Development and Home and Sri Sasanka 5 HCJ & CGR, J W.P.(PIL) No.210 of 2026 Bhuvanagiri, learned standing counsel for Gram Panchayat, appearing for respondents. 4. (a) Learned counsel for petitioner, at the outset, submitted that petitioners are not against establishment of ELF-2 on Nellore–Ongole stretch of NH-16, but, in the absence of adequate safety measures in place, several major and minor road accidents occurred so far and continue, resulting in loss of human lives, therefore, National Highways Authority cannot be derelict in its duties in ensuring the safety of road commuters as well as villagers who cross or access ELF-2. (b) He also submitted that as ELF-2 design inherently does not contemplate median divider regulating the traffic flow, it is prone to causing accidents. Further, as ELF-2 stretch nearly runs into 3.6 Kms, blocking access on either side, it causes inconvenience to residents of aforesaid villages abutting NH-16. 5. Mr.Thandava Yogesh, learned standing counsel for respondents 3 and 4, placed on record written instructions dated 29.09.2026 issued by Project Director, NHAI, PIU-Ongole, which is taken on record subject to just exceptions. Based on aforesaid written instructions, it is submitted that the issue highlighted by petitioners has received active consideration and in order to 6 HCJ & CGR, J W.P.(PIL) No.210 of 2026 mitigate the same, NHAI has come up with short-term safety measures as well as permanent road safety measures. At the first instance, as a measure of short-term safety measures, it is stated that following steps are being undertaken: “12. It is submitted that at present NHAI has provided all possible short term safety measures at the ELF stretch to avoid accidents. NHAI has provided the following safety measures (Photo Graphs Enclosed) 1. Continuous double-lane central median marking for entire length of ELF. 2. 20 Numbers of Speed limit boards especially at accident prone stretch. 3. 8 Numbers of Solar Blinkers. 4. CC camera. 5. Providing Route Patrolling Vehicle exclusively for this ELF-2 stretch. 6. 24 x 7 Ambulance facility provided exclusively for this 3.60 km stretch.” 6. Further, as a permanent measure, NHAI decided to take following steps: “9. It is submitted that Upon identifying causes of the accidents on ELF stretch, NHAI has decided to provide the following permanent Road safety measures to all the ELFs in the country to make all ELFs as Zero Fatality stretches, a) Providing 2-Lane Service roads to both sides of the ELF 7 HCJ & CGR, J W.P.(PIL) No.210 of 2026 Stretch, b) Removable and Re-mountable New-jersey type central Crash barriers to avoid accidents crisscrossing of vehicles from opposite lanes, c) Chain Link fencing all both sides all along the ELF stretch between Proposed Service roads and Main Carriage Way of ELF.” 7. It is also stated that there are three Vehicle Underpasses (VUPs) in the bypass stretch, each at KM 1273.700, KM 1278.087 and KM 1280+185, and further, two VUPs are located at starting and ending of bypass stretch. Thus, the same can be accessed in addition to the measures proposed above. NHAI also stated to have issued tender notification dated 07.07.2026 calling for bids for construction of perimeter roads on both sides of ELF and rectification of curves in ELF-2, with estimated cost of ₹121.37 crores with completion period of one year. Thus, it is stated that necessary steps are being undertaken to mitigate the issues raised in the writ petition. 8. Having gone through the written instructions and submissions made above, we are convinced that NHAI has given its thought to provide adequate safety measures, both temporary as well as permanent. We expect NHAI to adhere to the temporary safety measures as proposed above by ensuring the same are put in place immediately. Insofar as the proposed permanent 8 HCJ & CGR, J W.P.(PIL) No.210 of 2026 measures are concerned, NHAI shall endeavour to complete the same expeditiously in a time-bound manner. In case petitioners find that the above proposed interim as well as final measures are not implemented in letter and spirit, they are at liberty to file appropriate application in this petition. 9. With the above observations, proceedings in this writ petition in the nature of public interest are closed. No costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. LISA GILL, CJ CHALLA GUNARANJAN, J SS