Uttarakhand High Court
WPMS/173/2021 on 7 July, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 7th DAY OF JULY, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No.173 of 2021
BETWEEN:
Smt. Salma Khan & Ors. .....Petitioners
(Mr. T.A. Khan, Senior Advocate)
AND:
Tehri Hydrolic Development Corporation & Ors.
.....Respondents
(Mr. Sandeep Kothari, Advocate for T.H.D.C./respondent no.1 and
Mrs. Mamta Bisht, Deputy Advocate General for the State of
Uttarakhand/respondent no.2.)
JUDGMENT
Heard learned counsel for the parties
through video conferencing.
2. Petitioners are descendents of one Late
Peer Khan, whose land was acquired for Tehri Hydro
Power Project. It is an admitted position that
compensation for the acquired land has been paid
and land under rehabilitation policy has also been
allotted in lieu of the acquired land.
3. By means of this writ petition, petitioners
have sought following relief:-
(i) To issue a writ, order or direction in the
nature of mandamus directing the
respondents no. 1 and 2 to take the
possession of plot no. 109 measuring about
300 sqmtrs situated in sector 7-A, Baurari
New Tehri from the respondent no. 3 which
has been allotted by the respondents no. 1
and 2 in favour of the respondent no. 3 and
cancel the allotment thereof issued in favour
of respondent no. 3 and allot 2/3rd portion
thereof in the name of the petitioners as well
as the respondents no. 4 and 5 and the
possession of 2/3rd portion of the plot be
handed over to the petitioners as well as to
the respondents no. 4 and 5.
(ii) In case the respondents no. 1 and 2 are
unable to allot 2/3rd portion of the plot no.
109 measuring about 300 sqmtrs situated in
sector 7-A, Baurari New Tehri and are also
unable to deliver the 2/3rd portion of the
aforesaid plot to the petitioners, the
respondent be directed to provide a new plot
to the petitioners equal to the 2/3rd value
and measurement of plot no. 109 measuring
about 300 sqmtrs situated in 7-A, Baurari
New Tehri.
(iii) In case the respondent no. 1 and 2 are
unable to provide any relief of para no. I and
II of above reliefs they may be directed to
pay to the petitioners and respondent no. 4
and 5 an amount of Rs. 50 Lakhs alongwith
12% per annum interest effective from
01.01.2000 till the date of payment as value
of the 2/3rd portion of the plot to which they
are entitled at plot no. 109 measuring about
300 sqmtrs situated in sector 7-A, Baurari
New Tehri.
4. From the pleadings made in the writ
petition, it is apparent that petitioners are aggrieved
by allotment of land by Director, Rehabilitation to the
private respondents. Private respondents are also
claiming to be the descendents of Late Mr. Peer
Khan.
5. The dispute raised in the writ petition
appears to be a private dispute amongst the
descendents of Late Peer Khan. The relief, as
claimed, cannot be granted in a writ petition,
however, having regard to the facts and
circumstances of the case, the writ petition is
disposed of with liberty to the petitioners to approach
the Director, Rehabilitation by making a
representation. If such representation is made within
two weeks from today, Director, Rehabilitation shall
look into the matter and pass appropriate order, in
accordance with law, within six months from the date
of receipt of such representation. It goes without
saying that all the interested persons, including
THDC, shall be heard before passing any order.
(MANOJ KUMAR TIWARI, J.)
Rajni
