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2026 DAILYLAW 424 (UTT)

SANDEEP WALIA v. STATE OF UTTARAKHAND

WPMS/3754/2025 · 2026-01-07

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:269 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 3754/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. R.C. Tamta, Advocate, i/b Mr. Nandan Arya, Advocate for the petitioner. Mr. N.S. Pundir, Deputy AG, for the State. Mr. Naresh Pant, Advocate, for the NHAI. (2) Petitioners are residents of District Haridwar. According to them, the State authorities are going to demolish their houses for widening of National Highway, namely, Haridwar-Laksar Road, which is maintained by State Public Works Department. In this writ petition, petitioners have sought the following reliefs: “i. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to proceed any further with the acquisition/demolition process pertaining to the land and premises of the petitioners without following due process of law as contemplated under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. ii. Issue writ, order or direction in the nature of mandamus commanding and directing the respondents to give proper opportunity of hearing and raising objection against the proposed acquisition of the land and premises of the petitioners for extending Haridwar-Laksar National Highway. iii. Issue writ, order or direction in the nature of mandamus commanding and directing the respondents to maintain the status quo as on today till the decision of the objections of the petitioner during the pendency of the present writ petition.” 2026:UHC:269 (3) Learned State Counsel as well as learned Counsel for NHAI submit that there is no proposal either to acquire the land or widening of Haridwar-Laksar National Highway. (4) Learned State Counsel, however, submits that since Haridwar-Laksar National Highway is heavily encroached, causing bottleneck and leading to accidents, therefore, district administration has launched drive to remove encroachment from that road. He submits that only unauthorised structure would be removed and there is no proposal to acquire the land of the persons who own any property. (5) Having regard to the statement made by learned State Counsel, writ petition is disposed of by providing that a public notice shall be published in leading newspapers, having wide circulation in the locality, giving a week’s time to all persons who are likely to be displaced and encroachment shall be removed only after considering the reply, if any, submitted by such persons. (Manoj Kumar Tiwari, J.) 7.1.2026 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=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.01.07 17:05:23 +05'30' 2026:UHC:269