Research › Search › Judgment

Uttarakhand High Court · body

2026 DAILYLAW 8519 (UTT)

Jagmohan Singh Rawat v. State of Uttarakhand

2026-01-10

Subhash Upadhyay

body2026
Judgment : Subhash Upadhyay, J. Since the issue involved in these 11 writ petitions is one and same, therefore, for convenience, all these writ petitions are being considered and disposed of by this common judgment and order. 2. Learned counsel for the petitioners submits that a proposal for widening of NH-309 at Tanda Chauraha-Chilkiya has been undertaken, pursuant to which, a Notification dated 04.11.2025 has been issued by the Authorities. He further submits that the petitioners, being aggrieved by the said action of the authorities, made a collective representation to the authorities concerned, asserting that the petitioners are entitled for relaxation from the proposed width, as per Uttar Pradesh Road Side Land Control Act, 1945 and Rule 7 of Rules, 1964 framed thereunder. 3. Learned Government Counsel as well as the counsel appearing for NHAI submits that the Competent Authority to consider and decide the objections/representation, in this regard, is Competent Authority Land Acquisition, as defined under Section 3C(2) of The National Highways Act, 1956, which reads as under:- “3C. Hearing of objections.- (1)… (2). Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections.” 4. Learned counsel for the petitioner submits that the petitioners may be granted liberty to file fresh objection/representations, as provided under Section 3C(2) of the Act to the Competent Authority Land Acquisition, Nainital and the said authority may be directed to decide the objection/representation in a time bound manner. 5. Learned Government Counsel as well as the counsel appearing for NHAI submits that they have no objection to the said prayer made by the learned counsel for the petitioners. 6. Said submission is placed on record. 7. Accordingly, the petitioners are given liberty to file objection/representation to the Competent Authority Land Acquisition, Nainital within a period of one week from today. If petitioners make representation within one week, the Competent Authority Land Acquisition, Nainital shall decide the same in accordance with law, within one month thereafter. Till then, no coercive steps shall be taken against the petitioners. 8. If petitioners make representation within one week, the Competent Authority Land Acquisition, Nainital shall decide the same in accordance with law, within one month thereafter. Till then, no coercive steps shall be taken against the petitioners. 8. Subject to the above, the writ petitions stand disposed of.