Uttarakhand High Court

WPMS/2645/2012 of BHIM SINGH BOHRA Vs STATE OF UTTARAKHAND and OTHERS on 31 December 2013

Cites 0, Cited by 0

COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2645 (MS) of 2012 Bhim Singh Bohra ……Petitioner Versus State of Uttarakhand & others ……..Respondents Hon’ble Sudhanshu Dhulia, J. (Oral) Mr. D.S. Mehta, Advocate, present for the petitioner. 2. Mr. Paresh

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

IN THE HIGH COURT OF UTTARAKHAND AT NAINITALWrit Petition No. 2645 (MS) of 2012

Bhim Singh Bohra

……Petitioner

Versus

State of Uttarakhand & others ……..Respondents Hon’ble Sudhanshu Dhulia, J. (Oral)

Mr. D.S. Mehta, Advocate, present for the petitioner.

2. Mr. Paresh Tripathi, learned Additional Chief Standing Counsel, present for the State/respondents.

3. The petitioner, by means of the present writ petition, seeks a writ of mandamus against the respondents to grant him compensation, as the respondents, particularly, respondent no. 3, have occupied his agricultural land since 2007.

4. Respondents/Public Works Department admits the position that the land of the petitioner was used for dumping and storage of construction material. Loss to the petitioner has also been valued by the department to the tune of`37,393/- (rupees thirty seven thousand three hundred and ninety three) in the year 2011, which is Annexure No. 1 to the Counter Affidavit.

5. As this is the admitted position by the respondents that they have used the agricultural land of the petitioner and presently they are in its occupation and the fact that they have admitted the fact that in the year 2011 petitioner has suffered a loss of `37,393/- (rupees thirty seven thousand three hundred and ninety three) writ petition is disposed of with the direction to the respondent no. 2 & 3 to hand over peaceful possession of the property to the petitioner within one month from the date a certified copy of this order is produced before them.

6. Since a loss of compensation has already been admitted by the respondent nos. 2 & 3 to the tune of`37,393/-(rupees thirty seven thousand three hundred and ninety three) which was up to the year 2011. In December, 2013 this figure is liable to increase. A reasonable figure, even taking into account the figure of the respondents, would now be`60,000/- (rupees sixty thousand) or near about.

7. The writ petition is, therefore, disposed of with the direction that Public Works Department shall give a compensation of`60,000/- (rupees sixty thousand) to the petitioner within four weeks from the date a certified copy of this order is produced before them.

ML

(Sudhanshu Dhulia, J.)

31.12.2013

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead