Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3794-DB
I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE CHI EF JUSTI CE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTI CE MR. SUBHASH UPADHYAY Special Appeal No.155 of 2026 May 18, 2026 Amandeep Singh
----Appellant
Ver su s
State of Uttarakhand & Others
----Respondents
------------------------------------------------------------------ Pr esen ce:- Mr. T.A. Khan, learned Senior Counsel assisted by Mr. Vinay Bhatt, learned counsel for the appellant Mr. Ranjan Ghildiyal, learned Standing Counsel for the State. Mr. Naresh Pant, learned counsel for the respondent no.3/ NHAI
JUDGMENT : ( per Mr . Man oj Kum ar Gu pt a C. J.)
1.
Heard learned counsel for the parties.
2.
The present intra-court appeal is directed against the
order of learned Single Judge dated 04.05.2026, whereby the writ petition filed by the appellant, assailing a notice dated 16.03.2026 issued by the Competent Authority, Land Acquisition/ Special Land Acquisition Officer, Udham Singh Nagar, requiring the petitioner to respond to a complaint filed before the authorities by respondent no.5, has been dismissed, observing that the notice is only in nature of a show-cause notice and it is open to the appellant to raise his grievances before the Competent Authority.
3.
Shri T.A. Khan, learned Senior counsel appearing for the appellant contends that the appellant received the compensation in the year 2017 and now the dispute relating to
1
2026:UHC:3794-DB
entitlement and apportionment of compensation cannot be reopened on basis of any complaint filed by the private respondent. He submits that apart from the fact that the claim is barred by time, the Competent Authority would also not have jurisdiction as the dispute is liable to the referred to the civil court as per the provisions of Section 3-H(4) of the National Highways Act.
4.
We have perused the notice impugned in the writ petition and we find that thereby the appellant has only been called upon to file his response and evidence. The appellant has yet not responded to the said notice. The appellant is supposed to bring the entire facts which are being argued before us to the notice of the Competent Authority. Needless to observe that if such facts are brought to the notice of the Competent Authority, it would duly take the same into consideration while passing any
order.
5.
Accordingly, with the aforesaid liberty reserved in favour of the appellant, the appeal stands disposed of.
( MANOJ KUMAR GUPTA, C. J.)
( SUBHASH UPADHYAY, J.) Dated: 18.05.2026 Rajni
2 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48448ac 3701a9ae475a2547e4b7f1d9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4DF4 FC80D4557562F95BEBA013F530616A158A0 A878BD8, cn=RAJINI GUSAIN Date: 2026.05.19 11:43:43 +05'30'