SPA/198/2022
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             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                   THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                        THE HON'BLE SRI JUSTICE R.C. KHULBE

                     SPECIAL APPEAL NO. 198 OF 2022

                                12TH JULY, 2022

BETWEEN:

Satyawati                                                        .....Appellant.
And

State of Uttarakhand & others                                    ....Respondents.

Counsel for the Appellant : Ms. Pooja Tiwari, learned counsel.

Counsel for the Respondent nos.1 to 3 : Mr. K.N. Joshi, learned Deputy Advocate General.

Counsel for the Respondent nos.4 and 5: Mr. Nagesh Aggarwal, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Delay Condonation Application (IA No.01 of 2022)

Learned counsels for the respondents fairly do not

oppose the delay condonation application.

2. For the reasons stated in the affidavit filed in

support of the delay condonation application, delay

condonation application is, hereby, allowed, and the delay of

86 days in preferring this appeal is condoned.

Special Appeal No. 198 of 2022

3. The present special appeal is directed against the

judgment dated 03.03.2022, rendered by the learned Single

Judge dismissing the writ petition preferred by the appellant-

writ petitioner with liberty to the petitioner to approach the

appropriate forum available to her, in law.

4. It appears that certain land was acquired by the

National Highways Authority of India under the National

Highways Act, 1956, and compensation in respect thereof

was entirely paid to the appellant-writ petitioner on the

ground that she is the widow of Late Yashvir Singh, to whom

the property belonged, as a co-owner. Subsequently,

respondent nos.4 and 5 staked their claim in the land so

acquired. Consequently, the recovery was sought to be made

from the appellant-writ petitioner of 50% of the amount

disbursed to her towards compensation, for which the

recovery certificate was also issued. She assailed the

recovery certificate. The learned Single Judge dismissed the

writ petition since the inter se claim between the appellant on

the one hand, and respondent nos.4 and 5 on the other hand,

raised a civil dispute which could be adjudicated in civil

proceedings.

5. We have heard the learned counsel for the

appellant, as also the learned counsels for the respondents,

who are present on advance notice.

6. The appellant states that she shall deposit 50% of

the amount of compensation received by her, the total

amount being Rs.7,54,917/- in this Court. The dispute

between the appellant, on the one hand, and respondent

nos.4 and 5 on the other hand, shall be referred to the

competent civil court for determination of their respective

shares, and disbursal of the amount deposited in this Court,

as well as any other amounts, that may be found due to

either party, shall abide by the decision of the civil court.

7. The dispute which is referred to the civil court for

determination shall be decided within a period of nine

months.

8. We direct the parties, i.e. the appellant, and

respondent nos.4 and 5, not to seek any undue adjournment

in the proceedings. In case, the appellant deposits 50% of

the amount, as aforesaid, within three weeks, the recovery

certified issued against her shall not be enforced.

9. The special appeal is disposed of accordingly.

10. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(R.C. KHULBE, J.) Dated: 12th July, 2022 NISHANT