Sunil Kumar Sharma vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

According to the petitioner, he purchased 2266.36 square meter land situate in Village Durgapalpur Parma, Tehsil Haldwani, District Nainital by means of three different sale deeds executed in the year 2017 and, out of the land so purchased, 1123 square meter land was acquired by National Highways Authority of India under provisions of National Highways Act, 1956.

It is contended by the petitioner in the writ petition that respondents are trying to encroach upon petitioner's land, in excess of the land for which acquisition proceedings were initiated.

By means of this writ petition, petitioner has sought the following reliefs:

"a) Issue a writ, order or direction writ in the nature of mandamus directing the respondent no.-3 to grant the compensation of 619 sq. meters land of which the respondent no. 3 is making the attempt to take possession without taking any recourse to law.

b) Issue a writ, order or direction writ in the nature of mandamus directing the respondent no. 3 not to take possession of the property of the petitioner which has not been acquired in accordance with the provisions of the National Highways Act, 1956.

c) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities not to interfere in the peaceful functioning of the Petrol Pump of the petitioner of BPCL, situated in Village-Durgapalpur Parma, Tehsil-Haldwani, District Nainital."

Learned Additional C.S.C. submits that petitioner purchased the land subsequent to issuance of notification under Section 3-D (2) of National Highways Act.

After arguing for a while, learned counsel for the petitioner sought permission to withdraw the writ petition with liberty to approach the appropriate forum available to him under law.

Permission is granted.

The writ petition is dismissed as withdrawn with liberty as aforesaid.