Uttarakhand High Court
Kiran vs District Magistrate Haridwar & Ors on 5 November, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
2024:UHC:8145
HIGH COURT OF UTTARAKHAND AT NAINITAL
1. Writ Petition (M/S) No.2686 of 2023
Kiran ........Petitioner
Versus
District Magistrate Haridwar & Ors. ........Respondents
2. Writ Petition (M/S) No.2663 of 2023
Jyotsana ........Petitioner
Versus
District Magistrate Haridwar & Ors. ........Respondents
3. Writ Petition (M/S) No.2664 of 2023
Sher Ali ........Petitioner
4.
Versus
5.
District Magistrate Haridwar & Ors. ........Respondents
4. Writ Petition (M/S) No.2665 of 2023
Gulista ........Petitioner
1.
Versus
2.
District Magistrate Haridwar & Ors. ........Respondents
5. Writ Petition (M/S) No. 2667 of 2023
Vimla Tyagi ........Petitioner
3.
Versus
4.
District Magistrate Haridwar & Ors. ........Respondents
6. Writ Petition (M/S) No.2668 of 2023
Mamta Saini ........Petitioner
Versus
District Magistrate Haridwar & Ors. ........Respondents
7. Writ Petition (M/S) No.2670 of 2023
Mohd. Irshad ........Petitioner
8.
Versus
9.
District Magistrate Haridwar & Ors. ........Respondents
8. Writ Petition (M/S) No.2671 of 2023
Akshay Kumar ........Petitioner
Versus
District Magistrate Haridwar & Ors. ........Respondents
1
2024:UHC:8145
9. Writ Petition (M/S) No.2693 of 2023
Subodh Kumar Saini ........Petitioner
10.
Versus
11.
District Magistrate Haridwar & Ors. ........Respondents
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Presence:-
Ms. Sukhwani Singh, learned counsel holding brief of
Mr. Parikshit Saini, learned counsel for petitioners.
Mr. Devendra Singh Bora, learned Standing Counsel
for the State of Uttarakhand/respondent Nos.1 to 3.
Mr. Naresh Pant, learned counsel for respondent
No.4-NHAI.
Hon'ble Pankaj Purohit, J. (Oral)
Heard learned counsel for the parties.
2. Delay in filing the counter affidavits is
condoned. Delay condonation applications (IA Nos.2 of
2024 and IA No.1 of 2024) made therefor in all the writ
petitions, are allowed. Counter affidavits are taken on
record.
3. By means of these writ petitions, petitioners
have challenged the order/report dated 02.11.2022 and
consequence notices dated 10.08.2023 passed by
respondent No.2, whereby, the award dated 21.05.2022
passed by respondent Nos.2 & 3 has been changed.
4. Since all these writ petitions entail common
questions of fact and law, hence, these are being taken
up together and decided by this common order. However,
the facts of WPSS No.2686 of 2023 are only taken up for
consideration.
5. The facts of the case shorn-off unnecessary
details are that the land of the petitioner in Village
Saliyar Salhapur Mustahakam, Tehsil Roorkee, District
Haridwar, was acquired by the respondent No.4, for the
purpose of construction of Delhi-Dehradun-Haridwar
2024:UHC:8145
Greenfield Highway. The proceedings for calculation of
compensation was initiated before the respondent No.2
under the provisions of Section 3(G)(1) & (2) of the
National Highway Act, 1956. Thereafter, respondent No.2
has passed its award on 21.05.2022 and determined the
compensation @Rs.7,757/- per sq. meter. The award
dated 21.05.2022 passed by the respondent No.2 was
challenged before the Arbitrator by the petitioner as well
as respondent No.4 under Section 3(G)(5) of the National
Highway Act, 1956. Undisputedly, the said arbitration
cases are still pending consideration before the
Arbitrator. In between, what has happened that the
respondent Nos.2 & 3 has passed the impugned order
dated 02.11.2022, whereby, the respondent No.2 has
changed the rate of acquired land, on which the
compensation was calculated, from Rs.7,757/- per Sq.
Mtr. to Rs.3,446/- per Sq. Mtr. and impugned notices
were issued to the petitioner for recovery of excess
amount paid to him.
6. It is feeling aggrieved by the said action on the
part of the respondent Nos.2 & 3, the petitioner is before
this Court.
7. It is submitted by the learned counsel
appearing for the petitioner that the controversy has been
set at rest vide judgment and order dated 04.11.2024
passed by this Court in WPMS No.2675 of 2023 and
Batch.
8. Learned counsels for the respondents have
also submitted that the present matter is squarely
covered by the judgment and order dated 04.11.2024
passed by this Court in WPMS No.2675 of 2023 and
Batch.
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9. In this view of the matter, all these writ
petitions are partly allowed in terms of the judgment and
order dated 04.11.2024 passed by this Court in WPMS
No.2675 of 2023 and Batch. The case of the petitioners
shall abide by the aforesaid judgment and order dated
04.11.2024.
10. Pending application(s), if any, also stands
disposed of.
(Pankaj Purohit, J.)
05.11.2024
PN
PREETI Digitally signed by PREETI NEGI
NEGI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16432f6aab, postalCode=263001,
st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI
Date: 2024.11.05 18:20:59 +05'30'
