Binod Singh Chaudhary & Others vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

According to the petitioners, a road was constructed over their land by Public Works Department under Pradham Mantri Gramin Sarak Yojna

during the year 2010-11.

Grievance of the petitioners is that no compensation has been paid for their land over which road has been constructed.

By means of this writ petition, petitioners have sought following reliefs:-

(i) issue a writ, order or direction in the nature of mandamus, commanding/directing the respondents to issue a notification under section 11(1) of Right

to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013, and to pay compensation accordingly as

expeditiously as possible, or within the time granted by this Hon’ble Court, which this Hon’ble Court may deem fit and proper in the present

circumstances of the case.

(ii) issue any other suitable writ, order or direction of any nature in favour of petitioners, which this Hon’ble Court may deem fit and proper in the

present circumstances of the case.

After arguing for a while, learned counsel for the petitioners confines his prayer and submits that petitioners may be permitted to make fresh

representation to Competent Authority, who may be directed to take decision in the matter at the earliest.

Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioners to file separate representation(s)

to Competent Authority, within three weeks from today. If such representation(s) is made within the stipulated period, Executive Engineer (Irrigation

Division), Public Works Department, Champawat (respondent no. 2) shall look into the matter and take appropriate decision, in accordance with law,

as early as possible; preferably within a period of three months from the date of receipt of representation(s) alongwith certified copy of this order.