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Judgment
Hon’ble Ravindra Maithani, J. (Oral)
The challenge in this appeal is made to the impugned order dated 15.07.2026, passed in LAR No. 03 of 2026, Rajendra Singh Negi Vs. State of Uttarakhand others, by the court of Additional District Judge, Tehri Garhwal. By it, an application filed by the appellants for staying the operation and effect of the award dated 10.12.2025, of the Collector/District Magistrate, Tehri Garhwal, has been dismissed.
Heard learned counsel for the parties and perused the record.
Certain land was acquired under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“the 2013 Act”). The Collector/District Magistrate, Tehri Garhwal determined the market value of the acquired land by an award dated 10.12.2025. It appears that a reference under Section 64 of the 2013 Act was made. In this proceedings under Section 64 of the 2013 Act, an application 17 A was filed by the appellant for staying the operation and effect of award dated 10.12.2025 on the ground that they may be dispossessed from the property and the property may be demolished. In the impugned order, it was held that the reference has been made for just compensation and to ascertain as to whether market value of the acquired land has been rightly assessed or not. Accordingly, the application was dismissed.
Learned counsel for the appellants submits that in the garb of the award, the appellants may be dispossessed and their property may be demolished. Therefore, the operation and effect of the award may be stayed till the reference is decided or before the claim is settled.
Learned State counsel submits that the appeal is premature and misconceived. It is also argued that the appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996, which is not maintainable.
By its award dated 10.12.2025, the Collector/District Magistrate, Tehri Garhwal has determined the market value of the property for the purposes of grant of compensation. It is nothing beyond that. There is no question of staying the operation and effect of the impugned award dated 10.12.2025 of Collector/District Magistrate, Tehri Garhwal, It is under reference only.
Having considered, this Court is of the view that the court below has rightly rejected the application and no interference is warranted. Accordingly, the appeal deserves to be dismissed.
The appeal is dismissed.