Uttarakhand High Court
WPMS/1518/2018 on 25 August, 2021
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IA No. 10702 of 2021
In
WPMS No. 1518 of 2018
Hon'ble Sharad Kumar Sharma, J.
(Through Hybrid Mode)
Mr. Arvind Vashistha, Senior Advocate
assisted by Mr. Mr. Vivek Pathak, Advocate for the
petitioner.
Mr. Suyash Pant, Standing Counsel for the
State of Uttarakhand.
The petitioner had preferred this Writ
Petition, praying for a writ of certiorari for quashing
the notice 22nd May, 2018, as well as for grant of
compensation for the damages suffered by the
petitioner on account of acquisition proceedings.
After the exchange of pleadings, when this
Writ Petition was taken up, the Coordinate Bench
of this Court by an order dated 7th August, 2018,
while taking into consideration of the impact of
Section 14 of the Control of National Highways
(Land and Traffic) Act, 2002, has held that the
petitioner had a remedy to approach before the
Tribunal, as it was constituted under Section 14 of
the said Act. But, while disposing of the Writ
Petition on the said premise, the Coordinate Bench,
has granted an interim protection to the petitioner
and parties thereof were directed to maintain the
status quo, in order to enable the petitioner to
approach the Tribunal, as contemplated under
Section 14 of the Act.
The petitioner contends, that he has
approached the Tribunal and has already preferred
an Appeal, under the said Act by filing the same
before the competent appellate authority on 20th
August, 2018, but the Tribunal thus provided under
Section 14 of the Act, has neither been constituted,
nor was functioning and the interim protection
which was granted by the Coordinate Bench of this
Court, the time period given therein, has been
lapsed, and as such, the petitioner has an
apprehension, that the respondents may proceed in
pursuance to the notice, which was principally
impugned in the Writ Petition, i.e. dated 7th August,
2018.
The petitioner has filed the Modification
Application, seeking modification of the earlier
order passed by the Coordinate Bench of this Court
dated 07.08.2018, wherein, he has contended that
the Tribunal, as contemplated under Section 14 of
the Act, has not yet been constituted and, as a
consequence thereto, by virtue of the amendment,
which has been carried by the Ordinance No.CG-
DL-E-04042021-226364 of 4th April, 2021, the
Tribunals Reforms (Rationalisation and Conditions
of Service) Ordinance, 2021, has been promulgated,
in accordance to which, the learned counsel for the
petitioner contends that the Court, which has now
been vested with the powers to exercise the powers
of Appellate Tribunal, under the Act has now been
vested with the principal Court of Civil jurisdiction
as it has been provided, under the proposed
amended provision under Section 2 (ii) (da). But
since, the appeal thus preferred by the petitioner on
20th August, 2018, has not yet been transferred and
remitted to the new appellate Courts, created by the
said Ordinance, the interim protection granted by
the Coordinate Bench of this Court vide its order
dated 7th August, 2018, should be reasonably
extended for a certain time period.
Considering the peculiar circumstances of the
case, which has emerged in the present case, the
petitioner's right cannot be deprived with, on
account of inaction of the Tribunal to be constituted
to adjudicate upon the Appeal; as directed by the
judgment of 7th August, 2018. Hence, the
Modification Application of the petitioner would
stand disposed of with the direction that the
Principal Civil Court of Civil jurisdiction, which
has now been vested with the appellate power, to
decide the Appeal under the Act of 2002. The
records of the appeal would be forthwith
transmitted to the Court as defined under Sub-
section 2 (ii) (da) and by the time the records of the
Appeal, are transferred to the said Court and that
the appellate Court itself takes cognizance, to the
stay application, to be preferred by the applicant to
the Appeal, the interim protection granted by the
judgment of 7th August, 2018, would continue to
operate, till then only.
The Appellate Tribunal is directed to remit
the records forthwith, to the newly constituted
appellate forum, under the gazette notification of
14th April, 2021.
Subject to above, the Modification
Application stands disposed of.
(Sharad Kumar Sharma, J.)
Dated 25.08.2021
Shiv
