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2026 DAILYLAW 8350 (UTT)

MAHENDRA SUNRISE ESTATE PVT LTD v. STATE OF UTTARAKHAND

WPMS/2015/2026 · 2026-07-21

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

UKHC010114612026 2026:UHC:6147 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2015/2026 Mahendra Sunrise Estate Pvt Ltd --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Manoj Kumar Tiwari, J 1. Mr. Himanshu Pal, learned counsel for the petitioner. 2. Mr. V.D. Bisen, learned Additional C.S.C. for the State of Uttarakhand. 3. According to petitioner, he owns non-agricultural land at Bhupatwala in District Haridwar, which is intended to be used by District Administration for making a temporary bus-stand during Kumbh Mela. 4. The reliefs, sought in the writ petition, are as under:- (i) Uphold the constitutional right of Petitioner under Article 300A and direct the Respondent to not interfere in the peaceful possession of the Petitioner on Khasra No. 4/27, without the process of law. (ii) Declare that the e-tender dated 15.05.2026 (Annexure No. 11 page No. 163) to be not applicable on Petitioner’s private property. 5. Learned State Counsel was given time to get instructions. Today, he has produced certain documents in Court, which are taken on record. One of the documents is a letter issued by District Magistrate, Haridwar to Secretary, Urban Development on 29.05.2026, whereby permission was sought for temporary UKHC010114612026 2026:UHC:6147 acquisition of land under Section 81 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 6. Learned State Counsel submits that thereafter a notice was sent to persons, who claimed to be owner of the land which is needed for bus-stand, requesting them to visit the office of Tehsildar on 18.07.2026 for a meeting in which the issue of compensation would be decided. 7. Learned State Counsel further submits that since Kumbh Mela is scheduled to be held in the month of January / February 2027, therefore, having regard to heavy influx of vehicles, especially buses, the District Administration has to establish a temporary bus-stand and the land is needed for that purpose. He assures that reasonable compensation, as per law, would be paid to the persons, who are having de fecto / de jure title over the land in question. He further assures that bus-stand would be removed once Kumbh Mela is over and possession shall be handed back to the persons who are claiming to be owner of the land. 8. The writ petition stands disposed of in terms of the statement made by learned State Counsel. (Manoj Kumar Tiwari, J) 21.07.2026 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08 d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4 610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.07.21 06:26:02 -07'00'