Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 8390 (UTT)

MAHENDRA KUMAR v. STATE OF UTTARAKHAND

WPMS/1793/2023 · 2025-07-17

Ravindra Maithani

body2025

Judgment text

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 D1- 48 WPMS No.1793 of 2023 Hon’ble Ravindra Maithani, J. Mr. Vikas Kumar Guglani, Advocate for the petitioner. Mr. M.S. Bisht, Brief Holder for the State. By means of the instant petition, the petitioner seeks the following reliefs:- (i) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the adequate compensation for causing damage to the house of the petitioner due to the negligence on the part of the respondents. (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent to decide the representation of the petitioner by reasoned and speaking order in a time bound period of two months. It is the case of the petitioner that he is the resident of Village Chauna, P.O. Bellori, District Bageshwar. The respondents/Public Works Department (“the PWD”) was carrying out road cutting operation for construction of road from Khoicheena to Dubagada, and in that process, the house of the petitioner was damaged, as there was no proper fencing for safety. On behalf of the PWD, counter affidavit has been filed, and it is stated that during the construction as well as road cutting operation, debris fell on the residence of the petitioner, as the road was damaged, but the house of the petitioner has already been repaired, and a report of concerned Junior Officer has already been obtained. It is also the case of the PWD that the road cutting operation was being done by a contractor. Along with counter affidavit, some photographs and reports have also been filed. Learned counsel for the petitioner submits that the petitioner does not claim compensation, but the respondents- authorities may be directed to take safety measures while conducting such road cutting operations so as to ensure safety of the local residents. Learned counsel for the PWD submits that contractors have already been directed to carry out the work cautiously as well as ensuring safety and security of house as well as life of any person. In fact, learned counsel for the petitioner has given a statement that no compensation is sought, but directions be given to the respondents-authority to ensure safety of the people and property. Needless to say, while carrying out such construction/road cutting operations, the authority should take all precautions and measures so as to ensure safety and security of the local residents. With these observations, the writ petition stands disposed of, accordingly. (Ravindra Maithani J.) 17.07.2025 RV