The Uttarakhand High Court dismissed a Public Interest Litigation (PIL) filed directing the State government to place on record the Land Acquisition Proceedings with respect to Chardham Project to include the details of compensatory awards in land acquisition proceedings for the aforenamed Project before the High Court.
The petitioner, appeared in-person , seeks the following reliefs:-
- Issue a writ, order/ direction in the nature of mandamus directing the Respondent No.1 & 2 (State of Uttarakhand and Ministry of Road Transport and Highways) to place maps and demarcate the right of way (ROW) and mark such survey points identifiable on ground.
- To issue appropriate orders/ directions to keep the details of land acquisition proceedings to include the detail of market value arrived at in separate files for each Land Account with respect to villages/ individuals in respective Gram Sabha for inspection of individuals concerned in the affected areas where land has been acquired.
- To allow waiving off of the limitation period for raising observations/ objections (after complete details are published on the official website) and to claim compensation in such a period as the High Court deems fit in the fact and circumstances of the case.
The Division Bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma observed that it is not for the High Court to gather information for the petitioner, as is being sought by the petitioner.
“Secondly, the grievance raised by the petitioner that the acquisition of land should have been undertaken by following the provisions of the Right to Fair Compensation in Land Acquisition and Rehabilitation & Resettlement Act, 2013, and not under the National Highways Act, 1956, is an issue which can be raised by the persons whose lands have been acquired. Such persons are clearly identifiable. In case they have any grievance in relation to the acquisition of their lands, it is for them to raise the said issue”, the order reads.
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