Rajendra Singh Saini vs State Of Uttarakhand & Others
2026 Latest Caselaw 2704 UK

Uttarakhand High Court

Rajendra Singh Saini vs State Of Uttarakhand & Others on 6 April, 2026

Author: Pankaj Purohit

Bench: Pankaj Purohit

              Office Notes, reports, orders or
SL.
      Date    proceedings or directions and                                      COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with Signatures




                                                 WPMS No.731 of 2026
                                                 Rajendra Singh Saini                                         ..........Petitioner
                                                                          Versus

                                                 State of Uttarakhand & others                                   .....Respondents

                                                 Hon'ble Pankaj Purohit, J.

Mr. C.K. Sharma, learned counsel for the petitioner.

2. Mr. Devendra Pant, learned Standing Counsel for the State/respondent nos.1, 3 & 5.

3. Mr. Rajesh Sharma, learned CGSC for the Union of India/respondent no.2.

4. Mr. Naresh Pant, learned counsel for respondent no.4 (appeared through V.C.).

5. Vide order dated 27.03.2026, instructions were called from the respondent/State as to why the petitioner is not being paid compensation for his alleged property, which, according to the petitioner, was earmarked for the construction/broadening of National Highway No. 121 (New No. 309), being Property No. PRM-5.

6. Today, the instructions are supplied by the learned State Counsel, which are taken on record. On the basis of the instructions, it is submitted that the petitioner's possession was found to be an encroachment and, further, it has not been notified in the Gazette Notification for being acquired for the aforesaid purpose. Therefore, the petitioner is not entitled to get any compensation.

7. At this, learned counsel for the petitioner submits that, under Section 3G. of the National Highway Act,

1956, the petitioner comes within the definition of "any person" who is enjoying the property and is also covered for compensation.

8. Learned counsel for the respondent(s) may file detailed counter affidavit(s) in order to sort out the controversy within four weeks.

9. List on 13.05.2026.

(Pankaj Purohit, J.) 06.04.2026 AK