Judgment:
ORDER
G. Rohini, J.
1. The National High Way Authority of India (for short 'NHAI') filed this writ petition seeking a declaration that the alleged action of the respondent-Guntur Municipal Corporation in dumping several RCC water pipes within ROW of NH-5, Chilakaluripet -Vijayawada section at Km. 11/800 to Km. 13/400 (LHS) of Guntur bypass for the purpose of laying a pipeline without obtaining the prior permission of the NHAI as required under the National Highways Act 1956 and the Control of National Highways (Land and Traffic) Act, 2002 (13 of 2003) is arbitrary and illegal.
2. A counter affidavit has been filed on behalf the respondent-Municipal Corporation stating that the proposed work of laying of pipeline does not cause any damage to the highway safety and does not disturb the traffic movement. It is further stated that the project for laying pipeline consists of three kilometers in length starting from Takkellapadu raw water pump to Takkellapadu filtration point. It is further stated that the pipes were dumped only in the public utility area for the purpose of laying pipeline to enable the public belonging to the city of Guntur to get drinking water and it is very much essential to supply 45 MLD of drinking water to the public of Guntur City. It is further contended that the laying of said pipeline underneath the earth will not cause any damage to the highways and a letter of intimation was already given to the NHAI seeking permission for laying the pipeline in the existing public utility area.
3. I have heard the learned Counsel for both the parties.
4. Section 2 of the National Highways Act 1956 declares that each of the highways specified in the Schedule of the Act to be a National Highway. As per Section 4 of the National Highways Act 1956, all National Highways shall vest in the Union and highways include - (i) all lands appurtenant thereto, whether demarcated or not; (ii) all bridges, culverts, tunnels, causeways, carriageways, and other structures constructed on or across such highways; and (iii) all fences, trees, posts and boundary, furlong and milestones of such highways or any land appurtenant to such highways. Under the National Highways Authority of India Act, 1988 the Authority called the National Highways Authority of India (NHAI) has been constituted and by virtue of the notification issued by the Central Government under Section 11 of the said Act the National Highway specified in the notification vested in NHAI.
5. It is not in dispute that NH-5 starting from the junction near Bharagora connecting Cuttack, Bhubaneswar, Vishakapatnam, Vijayawada and Madras together with all lands appurtenant thereto whether demarcated or not, stood vested with the NHAI.
6. For the purpose of providing control of land within the national highways, right of way and traffic moving on the national highways and for removal of unauthorized occupation thereon the Central Government has enacted the Control of National Highways (Land and Traffic) Act 2002 (for short 'Act 13/2003). Under Section 3 of the said Act, the Central Government, shall be notification in Official Gazette, establish a body or authority to the known as Highway Administration to exercise powers and discharge functions conferred on it under the Act and defined the limitation of the highway within which, a Highway Administration shall have jurisdiction. As per Section 4 of the Act, such a highway administration shall exercise powers and discharge functions throughout its jurisdiction specified under the Act 13/2003.
7. On a combined reading of the above referred statutory provisions, there can be no dispute that NHAI is the exclusive controlling authority and no activity can be taken up by any authority except with its prior permission.
8. In the circumstances, the respondent-Corporation is granted liberty to make an application for such permission. Having regard to the fact that the laying of pipeline is essential for catering to the needs of the Guntur City for drinking water, there shall be a direction to NHAI to consider the Corporation's representation and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of two weeks from the date of receipt of such application from the Corporation. Till such time, the respondent shall not proceed with the laying of the pipeline through any part of NH-5.
9. With the above direction, the writ petition is disposed of. No costs.