WPMS/2633/2016 on 17 April, 2025

Uttarakhand High Court

WPMS/2633/2016 on 17 April, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                      WPMS No. 2633 of 2016


                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Rajesh Pandey, learned counsel for the
petitioner.

2. Mr. Pradeep Hairiya, learned Standing Counsel
for the State.

3. Mr. Naresh Pant, learned counsel for respondent
nos. 1, 2, 3 and 5.

4. Put up this matter on 23.04.2025 on top of Board.

5. On that day learned counsel for the respondent
shall apprise to this court whether the circular of the
National Highways Authority of India dated
03.02.2016-Annexure 8 o the petition is still in operation
or whether at any point of time it was recalled and
furthermore whether the said circular was quashed by
any court of law.

6. The grievance is only confined to clause-3 of the
said circular, which reads as under:

“3. It is, therefore, seen from the legal opinion
accepted by the Ministry that wherever award of
compensation under section 3G of NH Act, 1956 was
declared by CALA on or before 31.12.2014 but
compensation in respect of majority of the land area
notified in the relevant 3A notification was not
deposited in the accounts of the beneficiaries on or
before 31.12.2014, then, all the beneficiaries shall be
entitled to compensation in accordance with the
provisions of RFCTLARR Act, 2013.”

7. The aforesaid information is being asked for that
if this circular is still in operation then whether the
petitioner is entitled to get the benefit of paragraph 3 of
the said circular.

(Rakesh Thapliyal, J.)
17.04.2025
PR