WPMS/447/2021
2021 Latest Caselaw 482 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
     ON THE 25TH DAY OF FEBRUARY, 2021
                       BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (M/S) No. 447 of 2021


BETWEEN:
Binod Singh Chaudhary & others       ...Petitioners
     (By Mr. Anand Kumar Pandey, Advocate)


AND:

State of Uttarakhand and others      ...Respondents

     (By Mr. G.S. Negi, Additional C.S.C. for the State of
     Uttarakhand & Mr. S.S. Chauhan, learned counsel for
     respondent)

                      JUDGMENT

According to the petitioners, a road was constructed over their land by Public Works Department under Pradham Mantri Gramin Sarak Yojna during the year 2010-11.

2. Grievance of the petitioners is that no compensation has been paid for their land over which road has been constructed.

3. By means of this writ petition, petitioners have sought following reliefs:-

(i) issue a writ, order or direction in the nature of mandamus, commanding/directing the respondents to issue a notification under section 11(1) of Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013, and to pay compensation accordingly as

expeditiously as possible, or within the time granted by this Hon'ble Court, which this Hon'ble Court may deem fit and proper in the present circumstances of the case.

(ii) issue any other suitable writ, order or direction of any nature in favour of petitioners, which this Hon'ble Court may deem fit and proper in the present circumstances of the case.

3. After arguing for a while, learned counsel for the petitioners confines his prayer and submits that petitioners may be permitted to make fresh representation to Competent Authority, who may be directed to take decision in the matter at the earliest.

4. Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioners to file separate representation(s) to Competent Authority, within three weeks from today. If such representation(s) is made within the stipulated period, Executive Engineer (Irrigation Division), Public Works Department, Champawat (respondent no. 2) shall look into the matter and take appropriate decision, in accordance with law, as early as possible; preferably within a period of three months from the date of receipt of representation(s) alongwith certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Aswal