2026:UHC:1723 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No.606 of 2026 13th March, 2026 Surendra Pal Singh ………..Petitioner Versus National Highway Authority of India and others ……..Respondents ---------------------------------------------------------------------- Presence:- Ms. Priyanka Agrawal, learned counsel for the petitioner. Mr. Naresh Pant, learned counsel for the respondent no.1-N.H.A.I. Mr. Suyash Pant, learned S.C. for the State/respondent nos.2 to 4. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. This writ petition has been filed under Article 226 of the Constitution of India, whereby the petitioner has sought the following reliefs:- i. Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to not interfere and construct in the unacquired part and parcel of land bearing Khasra no.226 sitauted at Village-Bhagwantpur, Tehsil-Kashipur, District- Udham Singh Nagar, belonging to the petitioner as against the same there are no acquisitions proceedings under the NHAI Act. ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to not deviate from its Land Acquisition Plan prepared for constructions and extension of NH-734. iii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to act upon the report dated 12.02.2026 prepared by the respondent no.4 which categorically shows construction on the extra land which has been illegally acquired by respondent no.1 belonging to the peittioenr in Khasra No.226 to the extent of 10 meters and more which is a deviation from the LAP and to pay compensation as per the rates upon negotiation with the petitioner. iv. Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to pay the compensation as per the prevailing circles rates treating the nature of the land to be non- agricultural along with solatium and interest calculated as per provisions of RFCTLARR Act, 2013 along with statutory benefits. 1 2026:UHC:1723 2. It is contended by learned counsel for the petitioner that the respondent-N.H.A.I. has acquired the land of the petitioner for construction/widening of the Road-N.H.- 734 Kashipur Bypass. While construction/widening of the said road possession of some land of the petitioner was taken over by the respondent-N.H.A.I. 3. It is submitted by learned counsel for the petitioner that this is a deviation from the original plan of the National Highway. The land which has now been utilized by the respondent-N.H.A.I. was never acquired. 4. Learned counsel for the respondent-N.H.A.I. admitted the case of the petitioner and submits that the original plan has been deviated and some of the land which has not been acquired was utilized in construction/widening of the Road-N.H.-734 Kashipur Bypass. 5. He further submits that the respondent-N.H.A.I. would acquire the said land and a fresh procedure for acquisition of that portion of the land is also underway on the basis of a report submitted by the Tehsildar concerned which is yet to be received. 6. In view of the statement made by the learned counsel for the respondent-N.H.A.I., the controversy involved in the present writ petition appears to be solved. The respondent-N.H.A.I. shall acquire the land and make payment of aforesaid land to the petitioner strictly, in accordance with law. 7. Accordingly writ petition stands disposed of. (Pankaj Purohit, J.) 13.03.2026 SK 2