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Jagdish Chandra Sharma & Others vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 29 July 2021 · Citation: (2021) 07 UK CK 0225

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 1230 Of 2021

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Judgment

14 paragraphs · 237 words

Manoj Kumar Tiwari, J

1.

Heard learned counsel for the parties through video conferencing.

2.

Petitioners are resident of Village Amori, District Champawat. According to them, their residential house adjacent to National Highway No. 125

has developed cracks due to removal of the retaining wall, which was constructed by the petitioners for protecting their house.

3.

Learned counsel for the petitioners submits that National Highway Division has deposited the amount of compensation payable to the petitioner with

the Competent Authority, Land Acquisition/ Sub Divisional Magistrate, Champawat, however, the Sub Divisional Magistrate, Champawat is not

releasing the amount payable as compensation to the petitioners.

4.

Having regard to the facts and circumstances of the case, this Court thinks that ends of justice would be met, if petitioners are permitted to make

representation to the Competent Authority, Land Acquisition/Sub Divisional Magistrate, Champawat for releasing the amount of compensation, who

shall look into the matter and take appropriate decision, in accordance with law.

5.

Accordingly, the writ petition is disposed of with liberty to petitioners to make joint representation to the Competent Authority, Land Acquisition/Sub

Divisional Magistrate, Champawat within ten days from today. If such representation is made within stipulated time, the Competent Authority, Land

Acquisition/Sub Divisional Magistrate shall look into the matter and take appropriate decision, in accordance with law, within a period of six weeks

from the date of receipt of representation alongwith certified copy of this order.