The Uttarakhand High Court has held that land cannot be temporarily acquired under Section 81 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 without giving prior notice for a reasonable time. The Court observed that a person cannot be divested of the use of his own land without following the due process of law.

Justice Ravindra Maithani was hearing two writ petitions filed by M/s Deccan Charters Pvt. Ltd., which had been operating a helipad for the Shri Hemkund Sahibji Helicopter Yatra. On 23.05.2024, the helipad was temporarily acquired by the respondent State under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitions challenge the temporary acquisition of the helipad.

The petitioner submitted that there is no public purpose involved in the acquisition of the helipad, that the respondents have misused the authority without following due process of law, that the acquisition is contrary to the provisions of the 2013 Act as they were not issued notices, and that the acquisition was in defiance of the mandatory provisions of law and the principles of natural justice.

The Court first held that the petitioner was a “person interested” within the meaning of Section 3(x) of the 2013 Act. It noted that although the lease deed was not registered, but for the purposes of possession of the helipad, the lease deed is admissible. The Court held that this was a collateral purpose.

The Court observed that when an act is required to be done in a particular manner, it has to be done in that particular manner and in no other manner. The Court emphasized that a person may not be divested of the use of his own land without following the due process of law.

While agreeing that notice need not be in detail, the Court held that prior notice has to be given before temporary acquisition. It noted that Section 81(2) of the 2013 Act provides that the Collector shall give notice in writing to the person interested in such land of the purpose for which the land is needed, its term and for the materials to be taken therefrom, etc.

With regard to the May 23, 2024 acquisition, the Court held:

“No notice as stipulated under Section 81(2) of the 2013 Act was given before temporary acquisition of the helipad on 23.05.2024. The communication which was made by the respondent no. 4/UCADA to the respondent no. 6 Kishore Singh Panwar is not in conformity with Section 81(2) of the 2013 Act.”

The Court highlighted various aspects of the notice, on account of which it was not in conformity. The communication did not give the terms and only sought approval, with one day being given for response.

“By 21.05.2024 till 12:00 noon, the response was required from the respondent no. 6 by the respondent no. 4/UCADA. Can someone's land be acquired within a notice of twenty-four hours? Is it not a force upon a person to accord his consent? Acquisition was made on 23.05.2024,” the Court remarked.

As regards the June 27, 2025 acquisition, the Court noted that admittedly no notice was given prior to the acquisition. It held that informing on June 28, 2025 that the helipad had been temporarily acquired on June 27, 2025 is not sufficient compliance with Section 81(2), as notice was required to be given prior to acquisition.

The Court, allowing the petition, quashed the temporary acquisition orders, and directed the District Magistrate, Chamoli to restore control and possession of the helipad.

Case Title: M/s Deccan Charters Pvt. Ltd. v. State of Uttarakhand & Ors. [Writ Petition No. 2511 of 2025 (MS) & Writ Petition No. 1401 of 2024 (MS)]

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