THDC INDIA LTD. THROUGH ITS CMD vs STATE OF UTTARAKHAND THROUGH SECRETARY, IRRIGATION, SECRETARIAT, DEHRADUN

Court
Uttarakhand High Court

UKHC010004552018

2026:UHC:8056

HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE JUSTICE SRI MANOJ KUMAR TIWARI

Writ Petition (M/S) No. 2263 of 2018

THDC India Ltd. --Petitioner
Versus


State of Uttarakhand and others --Respondents

----------------------------------------------------------------------
Presence:-
Mr. Shobhit Saharia, Advocate for petitioner.
Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand.
Mr. Neeraj Garg, Advocate for respondent nos. 5, 6/1, and 6/2.

Reserved on: 19.08.2026

Delivered on: 08.09.2026

JUDGMENT

By means of this writ petition, petitioner has
sought the following relief:-
“I. Issue a writ, order or direction in the
nature of certiorari quashing the order dated 08-09-
2017 passed by respondent no. 3 and demand dated
17-02-2018 and communication dated 05-03-2018
issued by respondent no. 4.
2. Petitioner is challenging the decision taken by
Grievance Redressal Cell, Tehri Dam Project on a
complaint made by respondent no. 5, whereby it was
held that respondent no. 5 is entitled for compensation,
even though his property is situate beyond Reservoir
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Level (R.L.) 835 meter and is not directly affected by
Tehri Dam Project.
3. Grievance Redressal Cell directed Directorate
of Rehabilitation to have the value of the house
assessed and to pay compensation to respondent no. 5,
within three months.
4. Learned counsel for petitioner contends that
the impugned decision is unsustainable, as Grievance
Redressal Cell was created by an interim order dated
24.04.2007, passed by Hon’ble Supreme Court, in SLP
No. 22894 of 2005 (N.D. Jayal & another v. Union of
India & others) and the said SLP was dismissed, vide
order dated 19.02.2016 with liberty reserved for
petitioners to approach the High Court for appropriate
redress, in individual cases. It is thus contended that
since existence of Grievance Redressal Cell came to an
end with dismissal of SLP on 19.02.2016, therefore,
complaint made by respondent no. 5 could not have
been decided thereafter, on 08.09.2017. It is further
contended that respondent no. 5 made complaint seven
years after constitution of Grievance Redressal Cell
regarding issues, which were not within its domain and
the Cell in its order held that compensation should be
paid for the entire property, even though it is neither
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acquired nor affected by the project. It is further
contended that the Grievance Redressal Cell was
expected to decide minor complaints of project affected
families, which were not paid compensation despite
they being eligible, but in the present case, Grievance
Redressal Cell exceeded its jurisdiction by directing to
pay compensation for a property, which was not
acquired and no compensation was payable for such
property, as per the applicable policy. It is further
contended that Grievance Redressal Cell directed for
payment of full compensation for property situate
above R.L. 835 meter, without specifying who will be
the owner of that property, after payment of full
compensation.
5. Learned counsel for the petitioner further
contended that Grievance Redressal Cell erred in
holding that non-payment of compensation for property
situate above R.L. 835 meter is contrary to the
Rehabilitation Policy, while the Rehabilitation Policy
provides for compensation only to persons, whose
property is directly affected due to construction of dam.
Thus, it is contended that the Cell erred in directing for
compulsory acquisition of a property, which the project
proponent does not need. Learned counsel for the
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petitioner submits that respondent nos. 5, 6, 7 & 8
were given admissible benefits under Rehabilitation
Policy and were allotted 10 bighas of agricultural land
as well as 200 square meters of residential plots at
Pathri Bagh, District Haridwar.
6. Learned counsel appearing for respondents,
however supports the decision taken by Grievance
Redressal Cell.
7. The Grievance Redressal Cell has decided the
complaint in favour of respondent no. 5 on the ground
that his dwelling house, which is above R.L. 835 meter
in Village Ghonti (District Tehri Garhwal) is now of no
use to respondent no. 5, as his family has migrated to
Pathri Bagh (Haridwar) after allotment of land under
Rehabilitation Policy. The Grievance Redressal Cell has
held that award of compensation for that house would
be in consonance with Rehabilitation Policy. Relevant
clause of Rehabilitation Policy, which provides for
compensation for such property, however is not
indicated in the order.
8. Reasoning given by Grievance Redressal Cell
for deciding the complaint made by respondent no. 5 in
his favour, is unsustainable. Merely because the house
in question is not used by respondent no. 5 due to
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migration to Haridwar would not be sufficient for
awarding compensation to him. Claim for compensation
can be sustained only if it is established that the house
is damaged or has become unusable due to Tehri Dam
Project. There is no finding that the house has become
unusable due to the project. Even otherwise also, the
impugned order is silent regarding ownership; after
payment of compensation for the house, no one can
retain ownership after receiving full compensation for a
property.
9. For the aforesaid reasons, the impugned
order, passed by Grievance Redressal Cell is
unsustainable in the eyes of law. Accordingly, the same
is set aside. The writ petition is allowed and the matter
is remitted back to Director, Rehabilitation (respondent
no. 2), who shall decide the complaint made by
respondent no. 5, as per law, afresh. No order as to
cost.

______________________________

MANOJ KUMAR TIWARI, J.


Dt: 08.09.2026
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Date: 2026.09.08 18:26:11 +05'30'
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