[Cites 1, Cited by 0]
Uttarakhand High Court
Jagmohan Singh Rawat vs State Of Uttarakhand & Others on 10 January, 2026
2026:UHC:485
HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY
10 January, 2026
(1) Writ Petition (M/S) No.168 of 2026
Jagmohan Singh Rawat ... Petitioner
Versus
State of Uttarakhand & Others ...Respondents
(2) Writ Petition (M/S) No.169 of 2026
Janita Devi ... Petitioner
Versus
State of Uttarakhand & Others ...Respondents
(3) Writ Petition (M/S) No.170 of 2026
Kaushal Kishore Singh ... Petitioner
Versus
State of Uttarakhand & Others ...Respondents
(4) Writ Petition (M/S) No.171 of 2026
Rajendra Singh Rawat ... Petitioner
Versus
State of Uttarakhand & Others ...Respondents
1
2026:UHC:485
(5) Writ Petition (M/S) No.172 of 2026
Anita Rawat ... Petitioner
Versus
State of Uttarakhand & Others ...Respondents
(6) Writ Petition (M/S) No.173 of 2026
Naveen Chandra Bisht ... Petitioner
Versus
State of Uttarakhand & Others ...Respondents
(7) Writ Petition (M/S) No.174 of 2026
Hem Chandra ... Petitioner
Versus
State of Uttarakhand & Others ...Respondents
(8) Writ Petition (M/S) No.175 of 2026
Ishika Dhyani Bhardwaj ... Petitioner
Versus
State of Uttarakhand & Others ...Respondents
(9) Writ Petition (M/S) No.176 of 2026
Lata Rawat ... Petitioner
Versus
State of Uttarakhand & Others ...Respondents
2
2026:UHC:485
(10) Writ Petition (M/S) No.177 of 2026
Rehana Begam ... Petitioner
Versus
State of Uttarakhand & Others ...Respondents
(11) Writ Petition (M/S) No.178 of 2026
Pushpa Devi ... Petitioner
Versus
State of Uttarakhand & Others ...Respondents
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Presence:-
Mr. C.K. Sharma and Mr. Nitin Tewari, learned counsel for the
petitioners
Mr. Suyash Pant, learned Standing Counsel for the State/respondent
nos.1, 3 and 5
Mr. Raunak Pant, learned counsel holding brief of Mr. Naresh Pant,
learned counsel for NHAI-respondent no.4
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Hon'ble Shri Justice Subhash Upadhyay, J. (Oral)
Since the issue involved in these 11 writ
petitions is one and same, therefore, for convenience, all
these writ petitions are being considered and disposed of
by this common judgment and order.
2. Learned counsel for the petitioners submits
that a proposal for widening of NH-309 at Tanda
Chauraha-Chilkiya has been undertaken, pursuant to
which, a Notification dated 04.11.2025 has been issued
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by the Authorities. He further submits that the
petitioners, being aggrieved by the said action of the
authorities, made a collective representation to the
authorities concerned, asserting that the petitioners are
entitled for relaxation from the proposed width, as per
Uttar Pradesh Road Side Land Control Act, 1945 and Rule
7 of Rules, 1964 framed thereunder.
3. Learned Government Counsel as well as the
counsel appearing for NHAI submits that the Competent
Authority to consider and decide the
objections/representation, in this regard, is Competent
Authority Land Acquisition, as defined under Section
3C(2) of The National Highways Act, 1956, which reads
as under:-
"3C. Hearing of objections.-
(1)...
(2). Every objection under sub-section (1) shall be
made to the competent authority in writing and shall set
out the grounds thereof and the competent authority
shall give the objector an opportunity of being heard,
either in person or by a legal practitioner, and may,
after hearing all such objections and after making such
further enquiry, if any, as the competent authority
thinks necessary, by order, either allow or disallow the
objections."
4. Learned counsel for the petitioner submits that
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the petitioners may be granted liberty to file fresh
objection/representations, as provided under Section
3C(2) of the Act to the Competent Authority Land
Acquisition, Nainital and the said authority may be
directed to decide the objection/representation in a time
bound manner.
5. Learned Government Counsel as well as the
counsel appearing for NHAI submits that they have no
objection to the said prayer made by the learned counsel
for the petitioners.
6. Said submission is placed on record.
7. Accordingly, the petitioners are given liberty to
file objection/representation to the Competent Authority
Land Acquisition, Nainital within a period of one week
from today. If petitioners make representation within one
week, the Competent Authority Land Acquisition, Nainital
shall decide the same in accordance with law, within one
month thereafter. Till then, no coercive steps shall be
taken against the petitioners.
8. Subject to the above, the writ petitions stand
disposed of.
(Subhash Upadhyay, J.)
10.01.2026
RAJINI
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GUSAIN
d01342, postalCode=263001,
st=UTTARAKHAND,
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Date: 2026.01.10 18:42:14 +05'30'
2026:UHC:485
Rajni
