THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.13213 of 2002 Dated: 03.03.2010 Between: Karrothu Asiri Naidu. .. Petitioner. And National Highway Authority of India Rep. by its Project Director, Siripuram, Visakhapatnam and others. .. Respondents. ORDER: The writ petition is filed, in substance, for a declaration that the action of the respondents in seeking to occupy and close down the local tank “Pedda Cheruvu” in R.S.No.179 of Pusapatirega of Vizianagaram District, to an extent of Ac.7.00, is illegal and arbitrary. The petitioner claims to be the President of Water Users Association in Pusapatirega village, Vizianagaram District, whose members are the land owners/ayacutdars cultivating their lands with water drawn from “Pedacheruvu” situated in R.S.No.179 of Pusapatirega village and Mandal of Vizianagaram District. According to the petitioner, the tank is on the alignment of the National High Way No.5, which is in the process of widening roads under the National High Way Authority of India. As part of the widening process, the petitioner alleges, the local tank Pedda Cheruvu, which is on the alignment of the National High Way, is sought to be occupied and closed. He contends that the respondents have assured the members of the petitioner’s Association that they would dig another tank in an extent of Ac.7.00 to compensate the occupation of the existing tank for road widening. However, the petitioner states that as the tank to be dug is on the other side of N.H.5, it would be very difficult for them to draw water from the existing tank, and the digging of new tank, will not serve their purpose. Hence, the petitioner seeks appropriate directions. The 1st respondent filed a detailed counter affidavit stating that the widening of road under NH-5 in Pusapatirega village will not affect the irrigation system in any way, as better storage and balancing of water is planned by constructing compensatory alternative tank of equal capacity at the cost of Central Government, and the said decision was arrived at after extensive discussions with the Superintending Engineer of Irrigation Department along with the Joint Collector of the District, so as to safeguard the interests of the villagers at large, and necessary compensatory approvals have also been passed. It is further stated that the construction of compensatory water tank is being taken up, after its approval, and the ayacutdars will not be put to any inconvenience. For the construction of new tank, the acquisition proceedings have already been initiated, and with the type of machinery available at site, the work will be completed within one month of its starting. Since the tank will be connected with the existing tank “Pedacheruvu”, it will have the same water level of the main tank. The 3rd respondent-Executive Engineer, I & CAD Department, Vizianagaram, also filed a counter affidavit stating that after discussions with the public representatives on several occasions, they ultimately proposed to acquire the tank bed of Pedacheruvu/Pedda Tank, to an extent of about Acs. 7.00, and excavate a new tank to balance the adverse effect upon the existing tank that would be caused by the road widening. It is also stated that since the sill levels of the existing sluices of the tank are higher than the existing bed level of the foreshore area of the tank, the deepening of the existing tank bed would not be possible. The National Highway Authorities, being equipped with adequate men and machinery, would be able to accomplish the task within 2 to 3 months. The 1st respondent also filed additional affidavit stating that when it started all necessary steps for construction of compensatory alternative tank at Pusapatirega village, by initiating the land acquisition proceedings for that purpose, the persons likely to be affected with the acquisition proceedings proposed, filed a writ petition being W.P.No.23658 of 2002 questioning the acquisition proceedings. In view of pendency of the said writ petition, no further steps were taken up for construction of compensatory tank. However, pursuant to the disposal of the said writ petition on 12.02.2009, as directed by this Court therein, steps are being taken by the authorities to conduct enquiry under Section 5-A of the Land Acquisition Act by issuing notices to the persons whose lands are sought to be acquired to participate in the enquiry by appearing in person and put forth their objections, if any, to the proposed acquisition. Heard the learned counsel for the petitioner, the learned Assistant Solicitor General for respondent No.1, the learned Government Pleader for Revenue and the learned Government Pleader for Irrigation for respondent Nos. 2 and 3 respectively. Admittedly, an extent of Acs. 7.00 of the existing tank, is sought to be taken for the purpose of widening N.H. 5 Road. Though, the petitioner contends that the compensatory tank to be dug by the respondents on the other side of N.H.5, would not be beneficial to them, the fact remains, it is the specific case of the respondents, that the new tank to be dug by them on the other side of N.H.5, would be connected to the existing tank, and that by connecting the new tank to the existing tank, they would maintain the same water level in the tanks as is being maintained now. Since the respondents, so as to safeguard the interests of the villagers and the ayacutdars, after holding discussions with public representatives, are said to have taken a decision to construct a new tank on the other side of N.H.5 and connect the same to the existing tank, so as to balance and compensate the loss of water, which has occasioned due to widening N.H. 5 through the present tank in an extent of Acs. 7.00, I am of the considered opinion that the petitioner cannot have any grievance against the impugned action of the respondents in widening the N.H. 5 Road. Hence, the writ petition is dismissed. However, the respondents are directed to complete the excavation of alternative compensatory tank expeditiously. _____________ N.V.RAMANA,J 03.03.2010 v v/ksr