Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4827 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS 1765/2026
Hon’ble Manoj Kumar Tiwari, J.
Mr. Pankaj Tangwan, Advocate, for the petitioner.
Mr. Manoj Kumar, Central Govt. Standing Counsel, for the Union of India.
Mr. Sudhir Nailwal, Standing Counsel, for the State.
Mr. Naresh Pant, Advocate, for the NHAI.
(2) According to petitioner, his land was acquired for construction of national highway, however entire amount determined as compensation was released in favour of respondent no. 4 and 5, despite objection raised by the petitioner. By means of this writ petition, petitioner has sought the following reliefs:
“i-Issue a writ, order or direction in the nature of Mandamus directing the respondents to determine the lawful share of the petitioner in respect of acquired land comprised in Khasra No. 688, Khatauni No. 00045.
ii-Issue a writ, order or direction directing the respondents to release the petitioner’s share from the compensation amount of Rs.83,52,832/- together with all statutory benefits.
iii-Issue a writ, order or direction directing the respondents to pay interest on the petitioner’s share of compensation from 07.08.2020 till actual payment.
iv-Issue a writ, order or direction directing production of the entire acquisition record, compensation disbursement record and claimant file before this Hon’ble Court.”
(3)
Learned Counsel for the respondents submit that petitioner has remedy under Section 3H(4) of the National
2026:UHC:4827 Highways Act, 1956. Section 3H(4) reads as under:
“If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.”
(4) Having regard to the statutory remedy available to the petitioner, writ petition is disposed of by permitting the petitioner to approach the Competent Authority, Land Acquisition by making a formal application for apportionment of the amount of compensation. Competent Authority, Land Acquisition shall deal with the application as per the provision contained under Section 3H(4) of the aforesaid Act. Needful be done by the Competent Authority, Land Acquisition within six weeks from the date of presentation of such application by the petitioner.
(Manoj Kumar Tiwari, J.)
15.6.2026 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=3a082a00a95aff911a9559743af8f21c50602ff6ea e4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC 1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.06.15 19:14:41 +05'30'
2026:UHC:4827