BHARAT SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This writ petition is allegedly filed in public interest seeking a writ of mandamus commanding and directing the third respondent to construct the road as per the old survey; and a mandamus commanding respondent no. 2 not to create any hindrance in the peaceful possession over the irrigated land of the villagers situated in Village Panchayat Chamaswada, Block Agustyamuni, Rudraprayag district.

(2.) The petitioner claims to be a permanent resident of the Chamaswada, Block Agustyamuni, District Rudraprayag. He also claims to be a farmer, and a duly elected Gram Pradhan of the Gram Panchayat-Chamaswada. It is his case that while the road, earlier sanctioned, was to pass through the Village Panchayat Chamaswada, which would have benefitted around 500 families, the respondents have shifted the route, and now the road is to pass through Village Chapad, thereby affecting the interests of these individuals.

(3.) The petitioner's case is also that the road now sought to be laid affects several private land-holders; and their constitutional right under Article 300A of the Constitution of India is being violated, since the road is sought to be constructed on their land without initiating proceedings under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.