Extracted from the PDF above. The PDF is authoritative.
UKHC010143742018
2026:UHC:6915 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2696/2018
Smt. Janaki Kaur --Petitioner Versus Union of India & Others --Respondent
Hon’ble Manoj Kumar Tiwari, J.
None for the petitioner.
Mr. Suyash Pant, Standing Counsel, for the State.
(2) Petitioner’s land was acquired by invoking provisions under National Highways Act, 1956. The amount payable as compensation was determined by the Competent Authority, Land Acquisition. Since petitioner is not satisfied with the said amount, therefore, he has approached this Court seeking the following reliefs:
“I. issue a order or direction for setting aside the impugned order dated 26-08-2015 so far as it relates to the land and buildings of the petitioner.
II. issue a writ, order or direction in the nature of mandamus directing the respondents to follow the provisions of The Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for acquisition of land for the purpose of National Highway no. 125, in district- U.S. Nagar.
III. issue a writ, order or direction in the nature of mandamus directing the respondents to give the compensation for acquiring land (Gata no.11) of the petitioner along with interest as per the provisions of The Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.”
UKHC010143742018
2026:UHC:6915 (3) Learned State Counsel submits that anyone, who is dissatisfied with the determination regarding compensation payable, can approach the Arbitrator under Section 3G(5) of National Highways Act. Thus he submits that instead of availing that statutory remedy, petitioner has filed this writ petition in the year 2018.
(4) This Court finds substance in the submission made by learned State Counsel. Since determination made by the Competent Authority is questionable before Arbitrator, therefore, writ petition is
disposed of with liberty to petitioner to approach the appropriate forum.
(Manoj Kumar Tiwari, J.)
5.8.2026 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=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957 BE53, cn=PRABODH KUMAR Date: 2026.08.05 18:40:34 +05'30'
UKHC010143742018
2026:UHC:6915