THDC INDIA LTD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Respondent no. 4 before this Court was a displaced person. The displacement occurred due to construction of Tehri Dam in District Tehri Garhwal, where respondent no. 4 was an agriculturist. The land of respondent no. 4 was acquired in the year 1971 and apart from the compensation of the land, the private respondent was also given two acres of land at "Bhaniawala"? in District Dehradun. Thereafter in the year 2004 i.e. after a gap of more than 20 years, the private respondent moved an application before the concerned Sub-Divisional Magistrate stating that the land given to him is actually less than two acres. The matter went before the Director, Rehabilitation, who came to the conclusion that land given to the private respondent was less than two acres, and is less by 1322 sq. mtrs., but since this land was not available, in lieu thereof the Director, Rehabilitation allotted a plot of 330.5 sq. mtrs. to the private respondent at Shivalik Nagar, Haridwar vide order dated 26.10.2012.

(2.) This order dated 26.10.2012 was withdrawn by the State Government as no approval of the State Government was taken before doing that. Aggrieved, the private respondent had preferred a writ petition before this Court being Writ Petition (M/S) No. 2844 of 2013, which was disposed of by a learned Single Judge of this Court vide order dated 04.06.2014 in terms of its earlier judgment dated 06.05.2014 passed in Writ Petition (M/S) No. 2777 of 2013, Dhanpal Singh v. State of Uttarakhand and others, where the learned Single Judge made a limited interference by observing as under:-

(3.) In terms of the said order, the matter was heard again by the Director, Rehabilitation, who again allotted the said land to the petitioner vide order dated 3.03.2015. No reason was assigned by the Director, Rehabilitation as to why this allotment has been done.