YAKUB v. SPECIAL LAND ACQUISITION OFFICER HARIDWAR
WPMS/1326/2026 · 2026-06-15
Manoj Kumar Tiwari
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 6877 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6877 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4781 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1326/2026 With WPMS/1327/2026 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Anshu Kumar, learned counsel for the petitioners.
2. Mr. N.K. Papnoi, learned Standing Counsel for the State of Uttarakhand.
3. Mr. Raunak Pant, Advocate holding brief of Mr. Naresh Pant, learned counsel for the respondent-NHAI.
4. Since common questions of facts and law are involved in both the petitions, therefore, these are being heard and decided together. However, for the sake of brevity and convenience,
facts of WPMS No. 1326 of 2026, alone are being considered and discussed.
5. Petitioner is resident of Village Rahmatpur, Piran Kaliyar, Roorkee, District Haridwar. According to him, his land, admeasuring 500 sq. Meter, was proposed to be acquired for construction of highway by National Highways Authority of India (NHAI), however, road was constructed over an area of 850 sq. meter, without paying compensation for the additional land, which was taken by the NHAI.
6. The reliefs, sought in the writ petition, are as follows:-
(i) Issue writ, order or direction in the nature of mandamus to the respondents to provide the award or compensation in land of bhumidhari & ownership of petitioner situated in village
2026:UHC:4781 Rehmatpur, Mustakim, District Haridwar bearing Khasra no. 143 for about 350 square meter as per law of Acquisition.
Or
(ii) Issue writ, order or direction in the nature of mandamus to the respondents to decide the representations i.e. (Annexure no. 6, page no. 37 to 45) of this petition.
7.
Learned counsel for the petitioner after arguing for a while submits that petitioner has made representation to District Magistrate, who may be asked to take decision thereupon.
8.
Learned counsel for the NHAI as well as learned State Counsel, however, submit that the Competent Authority Land Acquisition would be in a better position to take decision in the matter, therefore, petitioner be asked to submit representation before the Competent Authority Land Acquisition.
9.
Learned counsel for the petitioner(s), however, submits that the District Magistrate be directed to take decision on his pending representation(s).
10. The writ petitions are, accordingly,
disposed of with a direction to District Magistrate, Haridwar to take decision on petitioner’s representation(s), as per law, within three months from the date of presentation of certified copy of this
order.
(Manoj Kumar Tiwari, J)
15.06.2026 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1 369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F461 0C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.06.15 05:25:18 -07'00'