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2025 DAILYLAW 15136 (UTT)

MOHAN PRASAD v. STATE OF UTTARAKHAND

WPMS/2939/2025 · 2025-10-30

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9570 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 2939/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Rajedra Arya, Advocate, for the petitioner. Mr. Suyash Pant, Standing Counsel, for the State. Mr. S.S. Chauhan, Advocate, for the respondent no. 2 and 3. (2) Petitioner is resident of Village Ala, Tehsil Ghat, District Chamoli. According to him, Public Works Department constructed Ramni-Peri Motor Road and during hill cutting, debris had fallen on rivulets and water channels, due to which they changed their course and caused substantial damage to the houses and other properties of the villagers. Learned Counsel for the petitioner referred to an inspection report, which is signed by the officers and employees of Public Works Department/PMGSY, in support of his contention that the department also admits that the property of certain villagers were substantially damaged. (3) Grievance raised by the petitioner is that despite repeated representations, no compensation has been paid to the affected villagers. One such representation submitted by the petitioner to the District Magistrate is on record as Annexure-6 to the writ petition. The same was also served in the O/o Executive Engineer, Karanprayag on 26.9.2025. (4) Mr. S.S. Chauhan, learned Counsel appearing for PMGSY, submits that writ petition may be disposed of with a direction 2025:UHC:9570 to the competent authority to look into the matter; he further submits that villagers, who are allegedly affected, have not produced any document to show their title over the land in question. (5) Having regard to the facts and circumstances of the case, writ petition is disposed of with liberty to concerned villagers to make fresh representation to the District Magistrate, Chamoli for compensation. In the representation to be filed, they shall also indicate the extent of damage caused to their property and they shall also enclose the documents to substantiate their claim as regards title over the land in question. If they make such representation within three weeks from today, District Magistrate shall take decision thereupon within six months thereafter. If the District Magistrate finds that they are lawful owner of the property in question, which suffered damage on account of road construction work, then the District Magistrate shall ensure that reasonable compensation is paid to affected villagers by the concerned agency. (Manoj Kumar Tiwari, J.) 30.10.2025 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: 2025.10.31 09:49:47 +05'30' 2025:UHC:9570