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2021 Supreme(UK) 347

MANOJ KUMAR TIWARI
Rajendra Kumar – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Dinesh Gahtori, Advocate, M.C. Tewari, Advocate, Shobhit Saharia, Advocate

JUDGMENT

Manoj Kumar Tiwari, J. - By means of this writ petition, petitioner has sought the following relief:

    "i) Issue a writ in the nature of mandamus directing the respondents to give compensation to the petitioner for the building/house as the entire land of the petitioner has been acquired and rehabilitated at Pathari, Haridwar."

    2. It is the contention of the petitioner that his land situate in Village Bhason, Patti Dhar Akariya, Tehsil Gaja, District Tehri Garhwal was acquired for construction of Koteshwar Dam, however, residential house situate in the same village was not acquired. According to the petitioner, the said house has become uninhabitable due to construction of the Dam, therefore, petitioner has claimed compensation of the house.

    3. From perusal of the documents annexed with the writ petition, it is apparent that petitioner's land was acquired before the year 2004 and, according to the own showing of the petitioner, he has been rehabilitated in Haridwar in the year 2007.

    4. Learned counsel appearing for T.H.D.C. has apprised the Court that Koteshwar Dam has been commissioned and the entire property of the petitioner has been sub-merged, as per the pleading made in the

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