Pankaj Purohit, J
1. Since similar set of fact and law is involved in the present writ petitions, therefore, all the writ petitions are being decided by this common judgment. For the purpose of convenience, the facts of WPMS No.2988 of 2024 alone, is being considered.
2. By means of this writ petition the petitioners have sought the following reliefs:-
“I. Writ in the nature of mandamus directing the respondents to pay the compensation amount to the petitioner and further to issue a writ for including her name in the list of persons whose property is identified for acquisition and also.
II. Issue a writ in the nature of mandamus for re-valuation of land as per market rate.
III. To issue a writ in the nature of mandamus to not to demolish the residential house of the petitioner until she is given compensation in lieu of acquisition of her land and her residential house and
IV. Issue a writ in the nature of mandamus directing the Revenue Officer to determine correct compensation of land.”
3. Petitioner is the owner of plot No.73 Ka in village Grastanganj, Tehsil Kotdwar, District Pauri Garhwal. For the construction/widening of Kotdwar Najibabad Bypass, the land of the petitioner was acquired by the respondent NHAI vide notification dated 12.10.2023 issued under Section 3A of National Highways Act, 1956.
4. Learned counsel for the petitioner candidly submits that petitioner wants some time to vacate the house, therefore, same may not be demolished and for the said purpose she wants a week’s time only, from today so that petitioner can manage to shift her households belongings.
5. Learned counsel for respondent no.4-NHAI though admitted the prayer but in addition to that he submits that compensation has been calculated on the land of the petitioner acquired and the same has been deposited with the competent authority under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (CALA) on different dates by NHAI to the extent of her share.
6. In this view of the matter, Writ Petition No.2988 of 2024 and Writ Petition No.2990 of 2024 are disposed of. The petitioner is given a week’s time from today to hand over the vacant possession of the house in question situated over Plot No.73 Ka, as stated above, to the respondents.
7. However facts of WPMS No.2991 of 2024 is slightly different from above two writ petitions inasmuch as, in valuation report instead of Khasra No.73 Ka, Khasra No.73 Kha has been written and for that anomaly, the petitioner is unable to get compensation.
8. Accordingly WPMS No.2991 of 2024 is also disposed of with a direction to CALA to look into the matter and pass appropriate order within the aforesaid period of seven days only. It is directed that for a period of seven days petitioner of WPMS No.2991 of 2024 shall also not be dispossessed.
