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 JUDGES’S ORDERS 3S
WPMS No. 1304 of 2025 Hon’ble Ravindra Maithani, J.
Mr. Devang Dobhal, Advocate for the petitioners. Mr. Ganesh Kandpal, D.A.G. for the State/respondent nos.1 and 2. The petitioners seek directions that the respondents may be directed to refer the case of the petitioners under Section 3H (4) of the National Highways Act, 1956 (“the Act”) for apportionment of the compensation amongst the petitioners and the respondent nos. 3 to 7. Heard learned counsel for the parties and perused the record. It is the case of the petitioners that certain properties were recorded in the name of the petitioners and Late Madan Singh in Village Dunda, Patti Barsali, Tehsil Dunda, District Uttarkashi, which was acquired by the respondent no.1 for construction of National Highway. The petitioner did receive Rs.32,12,906/- as compensation, but the respondent nos. 3 to 7, who have no share in the property are now claiming the remaining compensation of Rs. 5,78,230/-. The petitioners had filed OS No. 50 of 2018, Kedar Singh and another Vs. Bhumi Adhapit Adhikari/ADM, Uttarkashi and others, in the court of Civil Judge (Senior Division), Uttarkashi, which was dismissed on the ground of jurisdiction, though it was held that unless all the co-sharers give a consent letter, the remaining compensation may not be disbursed. It is the case of the petitioners that they had made a representation to the respondent nos. 1 and 2 for not disbursing the remaining amount of compensation until the shares of the petitioners and the respondent nos. 3 to 7 are determined under Section 3 H (4) of the Act. But, no action has been taken on it. Learned counsel for the petitioners would submit that the respondent nos. 3 to 7
have no share in the property, but they are claiming compensation. The petitioners claim that the matter may be referred to the civil court in view of Section 3 H (4) of the Act. Learned State counsel would submit that the representation that was given by the petitioners would be decided within a period of two months. The Court takes on record the statement given by learned State counsel.
In view of the statement given by learned State counsel, the writ petition is disposed of with the direction to the respondent no.2 to decide the representation given by the petitioners dated 15.01.2025 (Annexure 7) within a period of two months. Need not to say, till the representation is decided, the compensation shall not be disbursed in the matter. (Ravindra Maithani, J.) 08.05.2025 Jitendra