WPPIL/31/2023
2023 Latest Caselaw 1065 UK

             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                                          AND

                      HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                 WRIT PETITION (PIL) NO. 31 OF 2023

                               20TH APRIL, 2023

BETWEEN:
Suman Negi                                                     .....Petitioner.
And

State of Uttarakhand & another                                 ....Respondents.

Counsel for the Petitioner : Mr. Suman Negi, petitioner, in-

person.

Counsel for the Respondent No.1 : Ms. Mamta Bisht, learned Deputy Advocate General.

Counsel for the Respondent No.2 : Mr. Naresh Pant and Mr. Raunak Pant, learned counsels.

The Court made the following:

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

The petitioner, who appears in-person, has

preferred this writ petition in public interest to seek the

following reliefs:-

"1) Issue a writ, order/ direction in the nature of mandamus directing the Respondent No.1 to place on record the Land Acquisition Proceedings with respect to Chardham Project to include the details of compensatory awards in land acquisition proceedings for of the aforenamed Project before this Hon'ble Court.

2) Issue a writ, order/ direction in the nature of mandamus directing the Respondent No.1 & 2 to place maps and demarcate the right of way (ROW) and mark such survey points identifiable on ground.

3) To issue appropriate orders/ directions to keep the details of land acquisition proceedings to include the detail of market value arrived at in separate files for each Land Account with respect to villages/ individuals in respective Gram Sabha for inspection of individuals concerned in the affected areas where land has been acquired.

4) To allow waiving off of the limitation period for raising observations/ objections (after complete details are published on the official website) and to claim compensation in such period as this Hon'ble Court deems fit in the fact and circumstances of the case.

5) To allow the petitioner to submit further facts and take up additional grounds once the Respondents place complete documents on records.

6) To pass such other order/ further orders as this Hon'ble Court deems fit and proper under the circumstances of the case."

2. Firstly, we may observe that it is not for this Court

to gather information for the petitioner, as is being sought by

the petitioner. Secondly, the grievance raised by the

petitioner that the acquisition of land should have been

undertaken by following the provisions of the Right to Fair

Compensation in Land Acquisition and Rehabilitation &

Resettlement Act, 2013, and not under the National Highways

Act, 1956, is an issue which can be raised by the persons

whose lands have been acquired. Such persons are clearly

identifiable. In case they have any grievance in relation to the

acquisition of their lands, it is for them to raise the said issue.

3. We are, therefore, not inclined to entertain the

present writ petition, and the same is accordingly dismissed.

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

(VIPIN SANGHI, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 20th April, 2023 NISHANT