GUPTA INDUSTRIES A PROPRIETORSHIP CONCERN v. PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA
WPMS/1933/2026 · 2026-07-08
Manoj Kumar Tiwari
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7771 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7771 (UTT) · dailylaw.ai ]
Judgment text
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UKHC010108762026
2026:UHC:5523 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1933/2026
Gupta Industries A Proprietorship Concern --Petitioner Versus Project Director National Highways Authority Of India --Respondent
Hon’ble Manoj Kumar Tiwari, J.
Mr. Sagar Kothari, Advocate for the petitioner.
Mr. Yogesh Pandey, Deputy AG, for the State.
Mr. Raunak Pant, Advocate, i/b Mr. Naresh Pant, Advocate for NHAI.
(2) According to petitioner, his land ad measuring 390 square meter, situate at Mauja Mazri Grant, District Dehradun was acquired for construction of National Highway in the year 2015 and compensation due to him was paid. Petitioner is now aggrieved by a notice under sub-section (2) of Section 26 of Control of National Highways (Land & Traffic) Act, 2002, whereby petitioner has been asked to remove his encroachment over 10 square meter land situate at K.M. 521 + 120 of N.H. No. 07 at Lal Tappar. Petitioner contends that he has not encroached any part of public land and in the guise of impugned notice, National Highways Authority of India wants to dispossess the petitioner of his bhumidhari land to the extent of 100 square meter.
(3)
Learned Counsel for National Highways Authority of India, however, submits that petitioner has remedy to submit representation before the Authorised Officer.
(4)
Learned Counsel for the petitioner
UKHC010108762026
2026:UHC:5523 submits that petitioner has already submitted reply to the notice, but decision thereupon has not been taken so far.
(5) Having regard to the facts of the case, writ petition is disposed of with a direction to the Authorised Officer to consider petitioner’s reply and pass appropriate order, as per law, within three weeks from the date of presentation of certified copy of this order.
(6) For a period of three weeks or till decision is taken, whichever is earlier, petitioner shall not be dispossessed from the land in dispute.
(Manoj Kumar Tiwari, J.)
8.7.2026 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e6 1af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB5 88052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.07.08 19:15:47 +05'30'