Tole Singh v. Union of India Through Ministry of Road Transport and Highway

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

WPMS/1061/2018

Tole Singh --Petitioner Versus Union Of India Through Ministry Of Road Transport And Highway --Respondents

Hon'ble Manoj Kumar Tiwari, J.

There is no representation for the petitioner.

¶2Mr. Pan Singh Bisht, Brief Holder for the State of Uttarakhand.

¶3Mr. Raunak Pant, Advocate, holding brief of Mr. Naresh Pant, Advocate for the NHAI.

¶4By means of this writ petition, petitioner has sought following reliefs:-

"I. issue a order or direction for setting aside the impugned order dated 21-08-2015 and notice dated 15/01/2016 so far as it relates to the land and buildings of the petitioner.

II. issue a writ, order or direction in the nature of mandamus directing the respondents to follow the provisions of The Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for acquisition of land for the purpose of National Highway no. 125, in district-U.S. Nagar.

III. issue a writ, order or direction in the nature of mandamus directing the respondents to give the compensation for acquiring land (Gata no.1154) of the petitioner along with interest as per the provisions of The Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

2013."

¶5Learned counsels for respondents point out that identical issue has been decided by this Court on

20.07.2026 in WPMS/270/2018, therefore, this writ petition can alos be decided in terms of that order.

¶6Learned State Counsel has drawn attention of this Court to para 8 of the counter affidavit, filed by Mr. N.S. Nabiyal, Special Land Acquisition Officer/Competent Authority, Land Acquisition, Udham Singh Nagar, which is reproduced below:-

"8. That the contents of para no. 11 of the writ petition as stated are not admitted. In reply thereto it is humbly stated that a notice under section 3E or 3H under the National Highway Act, 1956 issued to the petitioner in continuation of that the petitioner moved an application for the compensation of his acquired land area 0.0234 hect. as to the similar value to the co-tenure holder in the office of the answering respondent. Upon the application of the petitioner the compensation to the land of the petitioner was under the National Highway Act, 1956 and amount of compensation have been deposited in the Account No. 4444085210 of the petitioner in Uttarakhand Graim Bank, Branch Jhankat on 06.04.2016 and further an amount of the compensation determined under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 have been deposited in the Account No. 4444085210 of the petitioner in the Uttarakhand Graim Bank, Branch Jhankat 15.01.2018 by RTGS.."

¶7Based on the averments made in counter affidavit, learned State Counsel submits that amount payable as compensation was determined by the Competent Authority and the compensation was released to the petitioner. He submits that petitioner had not challenged the determination made by the Competent Authority before any appropriate forum.

¶8No rejoinder affidavit is filed by the petitioner, therefore, this Court has no option but the accept the averments made in the counter affidavit is true.

¶9After payment of compensation and its acceptance of petitioner(s), without any demur, relief, as claimed, do not survive.

¶10Accordingly, the writ petition fails and is dismissed.

(Manoj Kumar Tiwari, J.)

24.07.2026 Navin

NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3ctia1 5, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A8 6DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.07.27 09:48:38 +05'30'