Authority: Hon'ble Manoj Kumar Tiwari, J.

Order Date: 8 July 2026

Case Overview

  • Parties: Gupta Industries A Proprietorship Concern (Petitioner) vs. Project Director, National Highways Authority of India (Respondent).
  • Background: The petitioner’s land measuring 390 sq m, located at Mauja Mazri Grant, District Dehradun, was acquired in 2015 for the construction of a National Highway and compensation was paid.
  • Dispute: The petitioner received a notice under sub‑section (2) of Section 26 of the Control of National Highways (Land & Traffic) Act, 2002, demanding removal of an alleged encroachment over 10 sq m of land situated at K.M. 521 + 120 of NH No. 07 at Lal Tappar. The petitioner contends that no part of the public land has been encroached and alleges that the NHAI intends to dispossess him of 100 sq m of his bhumidhari land.
  • Counsel Positions:
  • NHAI counsel submitted that the petitioner has a remedy to submit a representation before the Authorized Officer.
  • The petitioner’s counsel made no specific submission in the record.

Final Outcome

  • The Court ordered that, for a period of three weeks or until a final decision is taken, whichever is earlier, the petitioner shall not be dispossessed from the land in dispute.

Topics: Land Acquisition, Highway Encroachment