2025:UHC:3167-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA No. 831 of 2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. There is no representation for the appellant. 2. Mr. K.N. Joshi, Deputy Advocate General with Mr. D.S. Bora, Standing Counsel for the State of Uttarakhand / respondent nos. 1 to 3. 3. Mr. Harsh Rautela, Advocate, holding brief of Mr. Shobhit Saharia, Advocate for respondent no. 4. 4. Appellant filed WPMS No. 1658 of 2011 seeking the following reliefs:- “A. Issue a writ, order or direction in the nature of Mandamus directing the respondents to pay the compensation of 25 Nalis 12 Muthis land acquired of village Ineeya, Patti-Sarjyula, along with solatium @ 30% and the interest thereof per annum from the date of acquisition of land till the actual payment is made. B. Issue a writ, order or direction in the nature of Mandamus directing the respondents to pay the exemplary costs @ 10 Lacs to the petitioner.” 5. The aforesaid writ petition was dismissed by learned Single Judge, vide judgment dated 28.08.2017. Challenging the said judgment, this intra-court appeal has been filed by the appellant. 6. Appellant contended that 67.6 Nali land belonging to him situate in Village Khemda, Patti Sarjyula, District Tehri Garhwal was acquired for Tehri Hydro Project in the year 1980, however, he was paid compensation only for 41.10 Nali, and in the writ petition, he had sought a direction to the authorities to release the compensation for 25.12 2025:UHC:3167-DB Nali land for which compensation was not allegedly paid to him. Appellant contended that at the time of acquisition of land, he was a young boy, who had no idea about what was going on, and he came to know about non-payment of compensation for the remaining land, in the year 2007 when the authorities visited the village and expressed their intention to return the land to the tenure holder or transfer it to some other agency. 7. Learned counsel for the respondents have drawn attention of this Court to the document enclosed as Annexure-8 to the writ petition, which is an order dated 26.05.2011 passed by District Magistrate/ Director, Rehabilitation, Tehri Garhwal. Perusal of the said order reveals that the appellant had approached the Grievance Redressal Cell with twofold prayers, namely, payment of compensation for 25.12 Nali land and allotment of a shop. 8. Regarding the first prayer, the Grievance Redressal Cell observed that for unpaid compensation, appellant can seek a reference and approach the District Judge concerned. Regarding the allotment of shop, Grievance Redressal Cell held that since land belonging to appellant was not adjacent to the national highway, therefore, as per policy, he is not entitled to allotment of shop. 9. Learned counsels for the respondents submit that appellant did not challenge the order passed by Grievance Redressal Cell on 26.05.2011 and filed writ petition seeking a direction to the authorities to pay compensation for 25.12 Nali land. He submits that learned Writ Court has rightly dismissed the writ petition, as there was unexplained delay and laches 2025:UHC:3167-DB of more than 30 years. 10. This Court finds substance in the said submission. Since the appellant had earlier approached before Grievance Redressal Cell for compensation, by filing a representation, which was disposed of by observing that appellant can approach the District Judge concerned, as per Land Acquisition Act, and instead of approaching the District Judge, he filed writ petition with delay of more than 30 years, therefore, learned Single Judge was justified in dismissing the writ petition on the ground of delay and laches. 11. We concur with the order passed by learned Single Judge. There is no scope for interference. 12. The Special Appeal fails and is dismissed. No order as to costs. (Ashish Naithani, .J.) (Manoj Kumar Tiwari, .J.) 28.04.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487 df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA 875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.04.30 10:43:54 -07'00' 2025:UHC:3167-DB