IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Interim Relief Application NO.6615 of 2009 Urgency Application NO.1265 of 2010 In Writ Petition No. 1244 of 2009 (M/S) Power Grid Corporation of India Limited, 220/132 K.V. Substation, Village Chika Ghat, Khatima Road, Tehsil Sitarganj, District Udham Singh Nagar through its Manager Sri Ram Gopal Kushwaha, S/o Sri R.L. Kushwaha, R/o 220/132 K.V. Substation, Village Chika Ghat, Khatima Road, Tehsil Sitarganj, District Udham Singh Nagar, Uttarakhand. ……Petitioner. Versus 1. State of Uttarakhand through its Chief Secretary Govt. of Uttarakhand, Dehradun. 2. Collector, Udham Singh Nagar. 3. Special Land Acquisition Officer, Nainital. …….Respondents. Mr. Rajendra Singh, Advocate for the petitioner. Mr. K.P. Upadhyay, Addl.C.S.C. for the respondents. Dated:-05-04-2010 Hon’ble B.S.Verma, J. Heard. By means of this writ petition, the petitioner has sought a writ in the nature of mandamus commanding the respondents to assure to give the actual physical possession to the petitioner corporation on the total acquired land i.e. 4.876 Hect. In place of 4.563 Hect. Situated in Village-Chikaghat, Pargana Kilpuri Tehsil-Sitarganj, District-Udham Singh Nagar expeditiously without any delay. According to the petitioner, the possession was not given over the entire land, it reveals by annexure No.4, the letter written by the District Magistrate, Udham Singh Nagar to Chief Standing Counsel that some measurement were carried out in compliance of the Court’s order dated 28-02-2008 passed in writ petition No. 371 of 2008 (M/S), Power Grid Corporation Vs. Gurbachan Singh and others. The Collector, Udham Singh Nagar has mentioned in the last paragraph of the letter of year March, 2008 that the plot No. 210/3 2 area 0.307 hectare and 0.063 hectare area was acquired in the said plot and in para 2 of the said letter, it has been mentioned that the area is in possession of the Power Grid Corporation of India within the boundary is 0.300 hectare and out of the boundary there is 0.007 hectare of area is also in possession of the Uttaranchal Power Transmission. Learned counsel for the petitioner has stated that he has also made an representations on 01-04-2008 and 24-02-2009 to the respondent Nos. 2 and 3 with a prayer to make the re-demarcation of the aforesaid acquired land and to give the actual physical possession over the total acquire land i.e. 4.876 hectare. Counter affidavit has been filed by the Addl. C.S.C on behalf of the respondent Nos. 2 and 3. It reveals from C.A. 1 that the entire possession i.e. 4.876 hectare of area was given to the petitioner as per notification of Section 6 of the Land Acquisition Act, 1894. I have heard learned counsel for the parties and perused the record. In the facts and circumstances of the case, it emerges out that the representation is pending for disposal before the Collector and no such direction which has been sought by the petitioner from this Court can be given from here. The respondent No. 2 i.e. Collector, Udham Singh Nagar is directed to take decision on the representation made by the petitioner at his own level after hearing the affected parties. With the said direction and observations, the writ petition is disposed of. All pending applications stand disposed of accordingly. (B.S.Verma, J.) 05-04-2010 MK