SURENDRA PAL SINGH v. NATIONAL HIGHWAY AUTHORITY OF INDIA
WPMS/3606/2025 · 2025-12-24
Manoj Kumar Tiwari
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 15741 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15741 (UTT) · dailylaw.ai ]
Judgment text
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2025:UHC:11593 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS
W PMS 3 6 0 6 / 2 0 2 5
Hon ’ble Man oj Ku m ar Tiw ar i, J.
Ms. Priyanka Agrawal, Advocate, for the petitioner. Mr. Suyash Pant, Standing Cousnel, for the State. Mr. Naresh Pant, Advocate, for the NHAI. (2) Petitioner claims to be bhumidhar in respect of land comprised in khasra no. 226, ad measuring 2.930 hectare. According to petitioner, out of the land so comprised in khasra no. 226, 1.312 hectare was acquired under National Highways Act for construction of a national highway. It is alleged that National Highways Authority is now trying to construct road even on unacquired portion of the land belonging to petitioner by deviating from the land acquisition plan and joint measurement survey report. Reliefs sought in the writ petition are as under:
“i. Issue a writ, order or direction in the nature Mandamus directing the respondent no 1 to not interfere and construct in the unacquired part and parcel of land bearing Khasra no 226 situated at village Bhagwantpur, Kashipur, district Udham Singh Nagar belonging to the petitioner as against the same there are no acquisitions proceedings under the NHAI Act. ii. Issue a writ, order or direction in the nature Mandamus directing the respondent no 1 to not deviate from its Land Acquisition Plan prepared for extension of NH-734. iii. Issue a writ, order or direction in the nature of Mandamus directing the respondent no 4 to prepare a report showing the deviation from the LAP and the extra land belonging to the petitioner on which unauthorized and illegal construction is done
2025:UHC:11593 by respondent no 1 without acquiring the same. (3) Mr. Naresh Pant, learned Counsel for NHAI, on instructions, submits that Tehsildar has constituted a joint measurement survey committee and the said committee is likely to hold survey on 29.12.2025. He submits that petitioner is free to participate during survey operation.
(4) Since the revenue authorities have already decided to hold joint survey, for which purpose a committee has also been constituted, therefore, writ petition is disposed of by taking the statement made by Mr. Naresh Pant on record. It will be open for the petitioner to participate in the survey operation. ( Man oj Ku m ar Tiw ar i, J.)
2 4 .1 2 .2 0 2 5 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=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3 C91957BE53, cn=PRABODH KUMAR Date: 2026.01.03 16:38:49 +05'30'
2025:UHC:11593