2025:UHC:3951-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 15TH MAY, 2025 SPECIAL APPEAL No. 344 OF 2024 Jagdish Prasad Joshi and others. …Appellants Versus Executive Engineer, National Highway Division and others. …Respondents Counsel for the appellants. : Mr. Siddhartha Singh, learned counsel for the appellants. Counsel for the respondents. : Mr. C.S. Rawat, learned Chief Standing Counsel for the State of Uttarakhand. JUDGMENT : (per Sri G. Narendar, C.J.) Heard the learned Chief Standing Counsel for the State of Uttarakhand, and the learned counsel for the appellants. 2. The learned Chief Standing Counsel has placed on record the written instructions received by him from the Office of the Executive Engineer, Temporary Division, P.W.D., Rishikesh (Dehradun), Manvendra Nagar, Near Railway Station dated 14.05.2025. The same reads as follows : “Office of Executive Engineer Temporary Division, PWD, Rishikesh (Dehradun) Manvendra Nagar, Near Railway Station 1 2025:UHC:3951-DB Office of the Executive Engineer, Temporary Division P.W.D. Rishikesh Phone/FaxNo.:0135-2430660 E-MailID: eetdrksh@rediffmail.com Letter No. 998/Court Case Date 14/05/2025 To, Chief Standing Counsel, Uttarakhand High Court, Nainital Subject: - Special Appeal 344 of 2024 filed in the Hon'ble High Court of Uttarakhand, Nainital in relation to Shri Jagdish Prasad Joshi vs. Executive Engineer, National Highways Division, PWD, Dehradun. Refrance: - Writ petition No. 2715(M/S) of 2024 Jagdish Prasad Joshi and other Vs. Executive Engineer, National Highway Divison. Sir, With reference to the aforementioned writ petition no. 2715(M/S) of 2024; it is to be informed that the staid place (petitioner's house) is situated at km 2, hectare 4 to 6 of Rishikesh Bhaniawala Motor Road. The road was inspected by the Division engineers, according to which the width of the road at the staid place was found to be 6.70 meters from the middle point to the petitioner's house (ramp) on the left and 15.15 meters towards Rama Palace Cinema on the right. (Photograph and sight map attached) At present, no work of marking/pillar construction/widening etc. is being done on the said road by this section nor is it proposed. It is to be informed that in this regard, talks were held with the engineers of NHAI, Dehradun in which they have informed that the work of widening on Rishikesh Bhaniawala Motor Road is proposed by NHAI, Dehradun and earlier at the time of survey of the road, demarcation pillars were installed by them in the said division, but at present the road widening/construction in the said division will be done according to the currently available width and no land acquisition and widening is proposed in the said division. Therefore, the narrative is kindly sent for information. Attached as above. Executive Engineer, Temporary Division, PWD, Rishikesh” 3. A copy of the letter addressed by the NHAI, to the Executive Engineer, also of the even date, is also placed before the Court. The same reads as under : 2 2025:UHC:3951-DB “National Highways Authority of India (Ministry of Road Transport & Highways, Govt. of India) Project Implementation Unit-Vasant Vihar House no.171, Phase-l, Vasant Vihar, Dehradun – 248006 Phone:0135-2760001 Email: pluvasantvlhar@nhai.org Web:www.nhai.gov.in NHAI/PIU-VSNT-VHR/BHN-RSHK/LA/ 8855 Date: 14.05.2025 To, Executive Engineer, PWD, Temporary Division, Rishikesh (Dehradun). Sub : Status in the project Four laning of Bhaniyawala- Jollygrant-Rishikesh spur section of NH-07 from km. 0.000 to km 19.780 in the state of Uttarakhand under NH (O) on Hybrid Annuity Mode. Sir, In ref, to telephonic discussion regarding the ongoing case in matter of WP(MS) no. 2715 of 2024 in Hon'ble HC of Uttarakhand and in this regards, following facts are being brought into kind attention:- 2. The construction of the Bhaniyawala-Jollygrant- Rishikesh spur to NH-07 project has been awarded and Contract Agreement is signed in December 2023. The total project length is 19.780 km in which 8.930 km length is falling on forest land and the remaining length is falling on non-forest land. 3. During the preparation of DPR in 2022, widening of the existing 4-lane highway to a 6-lane configuration was proposed for the section from Natraj Chowk (Ch. 18+865) to near Rama Palace (Ch. 19+780) in Rishikesh. During DPR survey, the joint inspection was carried out with team of PWD, revenue Department & NHAI and ROW of 30mtr. was considered to be available at site. Hence, no additional land acquisition was proposed for this section, as the existing 30-meter Right of Way (ROW) is sufficient to accommodate the expansion. Accordingly, no land has been acquired in this section. 4. Subsequently, the exercise of boundary pillars installation was carried out at site. During this exercise, it came to notice that there is some dispute between PWD records and Private records at certain patches regarding with of Govt. Land in above section under consideration. Hence, the work of boundary pillars were immediately stopped and no further work was done in this section. 3 2025:UHC:3951-DB 5. Presently, the commencement of the civil work has not been issued by NHAI to the concessionaire due to Observations by the Hon'ble High Court of Uttarakhand at Nainital in WPPIL No. 37 of 2025, which was filed in relation to the proposed tree cutting within the forest area. Hence, no orders have been issued by NHAl to concessionaire to start the work in this section. Therefore, as such there is no work started in the project and it is also informed that NHAI shall start the work in this section only after due clarty in the matter and after completion of all due process of land acquisition, if required. Alternatively, if the land is not available at these sections, the modification in the project configuration may be incorporated, if required in above section from Natraj Chowk to near Rama Palace (ch. 18+865 to ch. 19+780). Thanking you, Yours Sincerely, (Rahul Meena) Manager (Tech.) For Project Director PIU-Vasant Vihar Copy to: - RO-Uttarakhand for kind information please.” 4. From a reading of the above contents, it is apparent that the NHAI and the PWD are in the process of obtaining clarity, regarding inaccuracies in the land records, maintained in the Revenue Office, and those maintained by the private parties, and have proposed to proceed with the acquisition, after the inaccuracies are clarified, and a clearer picture emerges. 5. In that view, the present Special Appeal has rendered redundant. As a word of caution, this Court would advice the NHAI, and the Executive Engineer, Temporary Division, PWD to adhere to the law of the land, 4 2025:UHC:3951-DB in their endeavor to lay new roads, or widening the existing roads, including prior notice of at least 15 days to the occupants of buildings/ encroachers, and also to resort to proper verification of land records, and proceed on the said basis. 6. The present Special Appeal stands ordered accordingly. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. _______________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 15th May, 2025 Rahul 5 RAHUL PRAJAPAT I Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed 3e66e61bf4c848741983ed8c39e4145cf1d ab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF 8A192FCAD15C390A1AAD7B39857D2540 AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2025.06.02 12:09:25 +05'30'