UKHC010063202018 2026:UHC:6106 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1062/2018 Lalaram …Petitioner Versus Union Of India Through Ministry Of Road Transport And Highway …Respondent Hon’ble Manoj Kumar Tiwari, J 1. None present for the petitioner. 2. Mr. S.K. Nailwal, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Naresh Pant, learned counsel for the respondent-NHAI is connected virtually. 4. By means of this writ petition, filed in 2018, petitioner has sought the following reliefs:- (i) issue a order or direction for setting aside the impugned order dated 21.08.2015 and notice dated 02.01.2016 so far as it relates to the land and buildings of the petitioner. (ii) issue a writ, order or direction in the nature of mandamus directing the respondents to follow the provisions of The Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for acquisition of land for the purpose of National Highway no. 125, in district- U.S. Nagar. (iii) issue a writ, order or direction in the nature of mandamus directing the respondents to give the compensation for acquiring land (Gata no. 1153) of the petitioner along with interest as per the provisions of The Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 5. Learned State Counsel has drawn attention of this Court to para 8 of the counter affidavit, filed by Mr. N.S. Nabiyal, Special Land Acquisition Officer/Competent Authority, Land Acquisition, Udham Singh UKHC010063202018 2026:UHC:6106 Nagar, which is reproduced below:- “7. That the contents of para 11 of the writ petition as stated are not admitted. In reply thereto, it is humbly stated that a notice under section 3E or 3H under National Highway Act, 1956 issued to the petitioner in continuation of that the petitioner moved an application for the compensation of his acquired land area .0630 hect. as to the similar value to the co-tenure holder in the office of the answering respondent. Upon the application petitioner was under the National Highway Act, 1956 and the Account No. 915010004101439 of the petitioner in Axis Bank Branch Khatima on 06.04.2016 and further an amount of the compensation determined under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement act, 2013 have been deposited in the Account No. 915010004101439 of the petitioner in the Axis Bank Branch Khatime on 15.01.2018 by RTGS.” 6. Based on the averments made in the counter affidavit, learned State Counsel submits that the amount payable as compensation was determined by the Competent Authority and the compensation was released to the petitioner. He submits that petitioner had not challenged the determination made by the Competent Authority before any appropriate forum. 7. No rejoinder affidavit is filed by the petitioner, therefore, this Court has no option but the accept the averments made in the counter affidavit is true. 8. After payment of compensation and its acceptance of the petitioner(s), without any demur, the relief, as claimed, do not survive. 9. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J) 20.07.2026 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB 0, cn=NITI RAJ SINGH ASWAL Date: 2026.07.20 06:56:00 -07'00'