WPMS/617/2018
2021 Latest Caselaw 2110 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
        ON THE 29TH DAY OF JUNE, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 617 of 2018
BETWEEN:

Chamman Singh                           ...Petitioner

     (By Mr. Pankaj Tangwan, Advocate)

AND:

Union of India & others                 ...Respondents

     (By Mr. T.S. Phartiyal, Additional C.S.C. for the State of
     Uttarakhand and Mr. Naresh Pant, learned counsel for
     the NHAI.)

                       With
       Writ Petition (M/S) No. 618 of 2018
BETWEEN:

Anil Singh                              ...Petitioner

     (By Mr. Pankaj Tangwan, Advocate)

AND:

Union of India & others                 ...Respondents


     (By Mr. T.S. Phartiyal, Additional C.S.C. for the State of
     Uttarakhand and Mr. Naresh Pant, learned counsel for
     the NHAI.)


                      JUDGMENT

1. Since common questions of fact and law are involved in these petitions, therefore, both the petitions are clubbed together and are being heard & decided together. For the sake of convenience, facts of WPMS No. 617 of 2018 are being taken into consideration.

2. Petitioner's land situate in Village Jhankat, Tehsil Khatima, District Udham Singh Nagar was acquired by National Highway Authority of India for construction of National Highway. The Competent Authority Land Acquisition / Special Land Acquisition Officer, Udham Singh Nagar under National Highways Act determined the amount payable as compensation to the petitioner vide order dated 17.08.2015.

3. Petitioner is not satisfied by the determination so made by the Competent Authority Land Acquisition, therefore, he has approached this Court seeking following reliefs:-

(i) Issue a order or direction for setting aside the impugned order dated 17.08.2015 and notice dated U/S 3(E), 3(H) so far as it relates to the land and buildings of the petitioner.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to follow the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquisition of land for the purpose of National Highway no. 125 in district - U.S. Nagar.

(iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to give the compensation along with interest as well as the provisions of The Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

4. From the relief clause of the writ petition, it is revealed that petitioner has thrown challenge to the order passed by the Competent Authority Land Acquisition. Under the scheme of the National Highways Act, 1956, petitioner has a Statutory

remedy under Section 3G(5) by way of approaching the Arbitrator.

5. Since petitioner has the remedy to approach before the Arbitrator, therefore, the relief, as claimed in the writ petition, cannot be granted.

6. Having regard to the facts and circumstances of the case, the writ petitions are disposed of with liberty to the petitioners to approach the Arbitrator, within four weeks from today. If petitioners approach the Arbitrator within stipulated time, the Arbitrator shall decide the matter(s) on merits, as early as possible, but not later than twelve months from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Aswal