Mohan Singh v. Union of India

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

WPMS/1984/2026

Mohan Singh

--Petitioner Versus Union Of India & Others --Respondents

Hon'ble Manoj Kumar Tiwari, J.

Ms. Priyanka Agrawal, Advocate, for the petitioner.

Ms. Khushboo Tiwari Sharma, Central Govt. Standing Counsel, for the Union of India.

Mr. Ghanshyam Joshi, Additional CSC, for the State.

Mr. Naresh Pant, Advocate, for the NHAI.

(2) According to petitioner, his ancestral property consisting of land and building was acquired for construction of national highway in Tehsil Dharchula, District Pithoragarh. According to him, his other brothers were paid compensation for such ancestral property, however, petitioner has been paid compensation of ₹64,600 for the land, and no compensation for the structure has been paid to him. By means of this writ petition, petitioner has sought the following reliefs:

"i. Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 ie CALA to pass a new compensation award and pay compensation to the petitioner in respect of structural cost for ancestral property on Khasra No. 10970/10989 in village Dharchula, district Pithoragarh as been paid to his brothers (respondent no 5 to 7) (Annexure No. 6) Page No. 68 to 70.

OR IN THE ALTERNATIVE

ii. Issue a writ, order or direction in the

nature of Mandamus directing the respondent no 2 to decide upon application dated 27.01.2026 filed by petitioner under Section 3 H-4 of the NH Act for apportionment of the amount of compensation for which he is legally entitled. (Annexure No. 13) (Page No. 77, 78).

iii. Issue a writ, order or direction in the nature of Mandamus directing respondent no 3 to conduct a joint inspection in respect of the share of the petitioner in the ancestral property on Khasra no. 10970/10989 at village Dharchula, Pithoragarh after hearing all the parties in furtherance of letter dated

10.04.2026 issued by respondent no 2 to respondent no 3. (Annexure No. 12) Page No. 76."

(3) Learned Counsel for the respondents submits that petitioner has remedy under Section 3H(4) of the National Highways Act, 1956. He submits that question of apportionment of compensation can be decided by the Competent Authority, Land Acquisition.

(4) Learned Counsel for the petitioner submits that petitioner has approached the Competent Authority, Land Acquisition by making an application on 27.1.2026. She submits that the Competent Authority be directed to take decision thereupon at an early date.

(5) Writ petition is, accordingly, disposed of with a direction to the Competent Authority, Land Acquisition to deal with petitioner's application as per the provision contained under Section 3H(4) of the aforesaid Act and take decision, as per law, within six weeks from the date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.)

6.7.2026 Pr

PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3a082atitia95aff911a9559743af8f21c50602ff6eae4e61 af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB58 8052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.07.06 18:03:59 +05'30'