Extracted from the PDF above. The PDF is authoritative.
SL. No.
Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures
COURT’S OR JUDGE’S ORDERS
WPMS No. 815 of 2021
Hon'ble Rakesh Thapliyal, J.
1. Ms. Monika Pant, learned counsel for the petitioners through V.C.
2. Mr. Pradeep Hairiya, learned Standing Counsel for the State.
3. By the instant petition, the petitioners are praying for the following relief:-
Issue a writ order or direction in the nature of mandamus commanding the state respondents to determine and pay compensation and damages towards occupying and denying beneficial enjoyment of land, Khasra No. 28/2 Min area 0.026 hectare and Khasra No. 34 area 0.051 hectare total area 0.077 hectare, to the petitioners and to determine the compensation in accordance with provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and to pay the same with interest and solatium as legally admissible in the case.
4.
Learned counsel for the petitioners submits that the issue, as raised, in this petition is squarely covered by the
judgment of the Coordinate Bench dated 09.04.2018 passed in WPMS No. 875 of 2014, Rajendra Mohan vs. State of Uttarakhand.
5. On the previous date, Mr. Pradeep Hairiya, learned Standing Counsel for the State was directed to get instructions whether the petitioner of WPMS No. 875 of 2014 was given compensation in the light of the aforesaid judgment or not.
6. Today, Mr. Hairiya in the presence
of the Assistant Engineer of the Department placed before this Court the register wherein there is a reference of determination and payment of compensation to the petitioner of WPMS No. 875 of 2014.
7. Ms. Pant, learned counsel on the previous date referred one document which is placed on record by the respondent by way of supplementary counter affidavit wherein name of the mother of the petitioner is shown and in this document name of the petitioner of WPMS No. 875 of 2014 is also shown who has been given compensation in the light of the judgment of the coordinate Bench, this document contains the name of those persons whose land were acquired by way of mutual negotiation. In reference to this document, learned counsel for the petitioner submits that in this document mother of the petitioner never put her signature.
8. On instructions, Mr. Hairiya, learned Standing Counsel submits that the issue as raised in this petition is squarely covered by the
judgment passed by the coordinate Bench in WPMS No. 875 of 2014.
9. In view of the above, the writ petition is disposed of finally in terms of the judgment passed by the Coordinate Bench dated 09.04.2018 in WPMS No. 875 of 2014 and the respondents are
directed to determine the compensation strictly in the light of the new Act i.e. Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 in respect of the area of the land which was acquired through mutual negotiation. It is made clear that the
entire exercise for determination and payment of compensation shall be completed positively within three months from today.
(Rakesh Thapliyal, J.) 08.07.2025 Parul