JUDGMENT

1. Petitioner is a resident of Village Badethi, Patti Barsali, Tehsil Dunda, District Uttarkashi. In the year 2017, his agricultural land was acquired for construction of Badethi-Tekhala Motor Road under provisions of Land Acquisition Act, 1894.

2. Thereafter, on 25.05.2016, petitioner made a representation to District Magistrate, Uttarkashi contending that out of the land acquired from the petitioner, part was used for construction of road and the remaining land is lying unused, since petitioner has become landless on account of acquisition of his entire land, therefore, unused land may be re-conveyed to him on payment of price as per Circle Rate, so that he may use the same for agricultural purposes. He had placed reliance on a Government Order dated 09.04.1973 in the representation.

3. The District Magistrate called a report from Sub-Divisional Magistrate, Dunda. The report submitted by Sub-Divisional Magistrate was forwarded by the District Magistrate to State Government vide letter dated 28.05.2020, whereby guidance was sought from the State Government. State Government turned down proposal submitted by District Magistrate by holding that there is no provision for retu