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2025 DAILYLAW 14188 (UTT)

HARISH SINGH v. STATE OF UTTARAKHAND

WPMS/3062/2025 · 2025-11-04

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9741 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 3062/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Ketan Joshi, Advocate, i/b Mr. Dushyant Mainali, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel, for the State. (2) Petitioner is resident of Village Mostgaon, Udalgaon, District Bageshwar. According to him, a motor road is proposed to be constructed in the said village. Petitioner submits that as per the proposed alignment, part of his agricultural land would be affected, therefore petitioner submits that alignment of the road be changed. Reliefs sought in the writ petition are as follow: “i) Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondents not to construct the road as per the present alignment of link road, connecting Baijnath- Bageshwar Motor Road to Udalgaon in absence of public hearing and without obtaining ‘no objection’ of the affected cultivators, including the petitioner. ii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent authorities to conduct a fresh survey for proposing an alignment around existing pathway of the village so as to not to affect only one family in the matter of acquisition of land and to construct a road covering the land of different cultivators in equal proportion.” (3) Learned State Counsel refers to No Objection Certificate, issued by Gram Pradhan, which is duly signed by the villagers. He submits that petitioner has also put his signature on the NOC at item no. 16. Learned Counsel for the petitioner, however, disputes the said submission and submits that only name of the petitioner is 2025:UHC:9741 mentioned and petitioner has not put his signature on the NOC. (4) Be that as it may. Alignment of motor road is decided by domain experts. This is more so in hills where, due to challenging topography and unique geographical conditions, decision regarding alignment has to be taken after several rounds of survey. The domain experts have taken a decision regarding points through which the motor road would pass. Any interference by this Court in the alignment of the motor road will be counter- productive. The roads are lifeline of any society. This is more so in the case of hills, where, in the absence of roads, serious patients are required to be carried for long distances on foot in order to get them treated. (5) In view of the aforesaid, this Court do not find any reason to interfere in the matter. Writ petition thus fails and is dismissed. (Manoj Kumar Tiwari, J.) 4.11.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.11.06 10:01:28 +05'30' 2025:UHC:9741 2025:UHC:9741