WPMS/891/2021
2021 Latest Caselaw 1932 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
           ON THE 18THDAY OF JUNE, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 891 of 2021
BETWEEN:
Surti Alias Surat Lal & others              ...Petitioners

     (By Mr. S.R.S. Gill, Advocate)

AND:
Director Rehabilitation Tehri Dam
Project & others                            ... Respondents

     (By Mr. G.S. Negi, learned Additional C.S.C. for the State
     of Uttarakhand and Mr. Shobhit Saharia, learned counsel
     for the THDC)


                       JUDGMENT

1. Land of the petitioners was acquired for Tehri Dam Project. They claimed benefit under the Rehabilitation Policy, which provides for allotment of residential plots to deserving persons. Claim of some of the petitioners for allotment of residential plots has been allowed by Director (Rehabilitation), Tehri Dam Project vide order dated 06.02.2021.

2. As per the Government Policy, residential plots have to be allotted to eligible persons, through draw of lots. Since no time frame was indicated by the Director (Rehabilitation), Tehri Dam Project for holding draw of lots in his order, therefore, petitioners have approached this Court seeking following reliefs:-

(i) Issue a writ, order or direction in the nature of Certiorari to call for the record and to modify order dated 06.02.2021 passed by the respondent no. 1 to the

extent, it does not prescribed any date of process of lottery for the allotment of plots to the petitioner.

(ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 1 to hold the lottery amongst all the available plots within the rehabilitation sites for which the amount has already been paid by the petitioners, further all the matter cannot be dealt with on the process of the process of lottery without there being any indefinite period.

3. Vide order dated 27.05.2021, learned State counsel was asked to get instructions, as regards the proposed date of holding draw of lots. Thereafter again on 11.06.2021, time was given to the State counsel for this purpose.

4. Today, Mr. G.S. Negi, learned Additional C.S.C. for the State, on instructions received from Director (Rehabilitation), Tehri Dam makes a statement that draw of lots is proposed to be held in the second week of July, 2021.

5. Having regard to the aforesaid facts and circumstances of the case, the writ petition is disposed of with a direction to the Director (Rehabilitation), Tehri Dam Project (respondent no.

1) to hold draw of lots in the second week of July, 2021 or any other date within eight weeks thereafter.

(MANOJ KUMAR TIWARI, J.) Aswal