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Judgment
9 paragraphs · 373 wordsPankaj Purohit, J
By means of present writ petition, petitioner has sought the following relief:-
“(i) Issue a writ order or direction in the nature of mandamus commanding the respondents to conduct demarcation/ measurement of the land of petitioner through revenue department in presence of petitioner and if at spot in Khasra No.284 Village Bahadrabad, Pargana Jwalapur, Tehsil and District Haridwar, if any excess land other than 0.2250 hectare is found to be acquired/taken in possession than regarding the said excess Rakba either suitable compensation be paid to petitioner or the said excess land be hand over to the petitioner.”
It is the case of the petitioner that, apart from the acquired land, respondent no. 1–NHAI has encroached upon some more land, stating that 0.1871 hectare of land has been taken into possession by the respondents, and for this excess land, i.e., 0.1871 hectare, the petitioner is entitled to suitable compensation, or the said excess land be returned to him.
In substance, the matter appears to be one of demarcation of land, by which the petitioner may be satisfied if measurement is carried out as to whether the extra land has been encroached upon and possession has been taken by NHAI or not.
On 31.03.2026, learned counsel for respondent no. 1–NHAI was directed to seek instructions in the matter as to whether respondent no. 1–NHAI can get the demarcation and measurement of the land in question carried out or not.
Today, learned counsel for respondent no. 1–NHAI fairly submits that, under Section 3I. of the National Highways Act, 1956 (for short, “the Act, 1956”), CALA has the power to demarcate the land, if an application is made by the petitioner in that respect.
Accordingly, the writ petition is finally disposed of, and it is provided that the petitioner shall make an application under Section 3I. of the Act, 1956 to respondent no. 2–CALA within a period of fifteen days from today, and if such an application is moved by the petitioner before respondent no.2/CALA, respondent no. 2/CALA shall decide the said application, after hearing all the stakeholders in the matter, within a further period of four weeks thereafter.
Pending application(s), if any, stand disposed of accordingly.