Extracted from the PDF above. The PDF is authoritative.
2026:UHC:209 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/3785/2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Vikas Pande, learned counsel for the petitioners.
2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand.
3. Mr. Naresh Pant, learned counsel for the respondent-NHAI.
4. According to petitioners, their land situate in Village Kalika, Tehsil Dharchula, District Pithoragarh was acquired for construction of National Highway, however, compensation for the building standing over the acquired land has not been released to them.
5. In this writ petition, petitioners have sought a writ of mandamus directing the respondents to pay compensation with regard to house and shops acquired by the respondents.
6. Learned State Counsel, on instructions, submits that entire compensation in respect of entire acquired land has been paid to both the petitioners; he, however, concedes that about 50 percent of the amount, payable as compensation for the shops/building has been paid; the entire amount could not be paid, as there was some dispute regarding title of the petitioners.
7. Mr. Naresh Pant, learned counsel appearing for NHAI submits that road in question was constructed not by NHAI,
2026:UHC:209 but by Border Road Organisation. He further submits that petitioner has already made representation to Additional District Magistrate, Pithoragarh, which is annexed as annexure 3 to the writ petition, who may be directed to take decision thereupon.
8.
Learned counsel for the petitioners submits that petitioners be permitted to make fresh representation, highlighting all their grievances, to the Competent Authority.
9. The writ petition is, accordingly,
disposed of with liberty to petitioners to approach Additional District Magistrate, Pithoragarh. If petitioners make representation within two weeks from today, decision thereupon shall be taken by Additional District Magistrate, within four months thereafter. It goes without saying that all stakeholders shall also be given opportunity of hearing by the Additional District Magistrate before taking any decision.
(Manoj Kumar Tiwari, J)
06.01.2026 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f 9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26 F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.01.06 03:55:38 -08'00'
2026:UHC:209