DARSHAN LAL KOTHARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This writ petition was dismissed for non-prosecution vide order dtd. 31/10/2025. Today, the matter is listed on restoration application (MCC/5/2025). For the reasons indicated in the restoration application, the same is allowed. Order dtd. 31/10/2025 is recalled and the writ petition is restored to its original number.

(2.) According to petitioner, State Public Works Department constructed link road over his land without initiating acquisition proceedings. By means of this writ petition, petitioner has sought the following reliefs:

(3.) Learned State Counsel submits that the road was constructed after taking consent from the concerned Gram Sabha, however it appears that signature of the petitioner was missing from the agenda of the proposal. He further submits that even though the Public Works Department determined the amount payable as compensation to the petitioner, however petitioner is disputing the said amount and he is claiming that he is entitled to more amount. Learned State Counsel has drawn attention of this Court to the averment made in para 7 and 12 of the counter affidavit filed by Mr. Shyam Singh, Joint Secretary, Public Works Department, Dehradun, which are extracted below: