2026:UHC:3942 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 1 4 3 4 / 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Parikshit Saini, Advocate for the petitioner. 2. Mr. Yogesh Pande, Deputy Advocate General for the State/ respondent nos. 1 & 2. 3. Mr. Naresh Pant, Advocate for respondent no. 3, through video conferencing. 4. Petitioner is aggrieved by notices dated 11.09.2025 & 05.02.2026, issued by National Highway Authority of India under Section 26 of the Control of National Highways (Land and Traffic) Act, 2002. 5. Petitioner contends that he has not encroached upon any part of the land, which was acquired by National Highway Authority of I ndia (NHAI ) and the shops constructed by him are standing on the land belonging to petitioner. 6. By the first notice dated 11.09.2025, petitioner was asked to remove his structures failing which penal action shall be taken against him. By the subsequent notice dated 05.02.2026, petitioner was asked to submit his response, if any, within three days. 7. Learned counsel for the petitioner contends that the officers of NHAI are threatening the petitioner that the shops constructed by him, shall be demolished. 2026:UHC:3942 8. Learned counsel for the NHAI , however, submits that petitioner did not file any response to the notices, therefore, the officers had no other option, but to remove the encroachment made by petitioner on the acquired land. 9. Since there is a factual dispute involved in the matter as to whether petitioner has encroached upon the land, which was acquired by NHAI or whether the structures raised by him are standing on the remaining land belonging to petitioner. Such factual dispute cannot be decided in a writ petition. 10. The writ petition is, accordingly, disposed of by permitting the petitioner to submit reply to both the notices within a week before the competent authority. If petitioner submits reply within one week, then no coercive action shall be taken against him till final order is passed by the competent authority, after considering the reply submitted by the petitioner. The competent authority is directed to take decision in the matter, after considering the reply of petitioner, as per law, within one month. For a period of five weeks or till decision is taken by the competent authority, whichever is earlier, status quo as regards the structures raised by petitioner shall be maintained. ( Man oj Ku m ar Tiw ar i, J.) 20.05.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4 e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D 095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.05.20 18:50:03 +05'30'