IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I. A. NO. OF 2019
IN
SPECIAL LEAVE PETITION (CIVIL) NO. _________ OF 2019

In the matter of :

SALMAN KHAN AND ORS. …Petitioners

VERSUS
TEHRI HYDRO DEVELOPMENT
CORPORATION & Ors. …Respondents

INDEX
S.NO. PARTICULARS PAGE NO.

1. AN APPLICATION FOR STAY

UNDER ORDER LV OF SUPREME
COURT RULES, 2013 WITH AFFIDAVIT
2. ANNEXURE P/4

ADVOCATE FOR THE PETITIONER: MRIDULA BHARADWAJ

 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

I. A. NO. OF 2019
IN
SPECIAL LEAVE PETITION (CIVIL) NO. _________ OF 2019

In the matter of :

SALMAN KHAN AND ORS. …Petitioners

VERSUS
TEHRI HYDRO DEVELOPMENT
CORPORATION & Ors. …Respondents

AN APPLICATION FOR EXEMPTION FROM FILING

CERTIFIED COPY OF IMPUGNED ORDER UNDER ORDER
LV OF SUPREME COURT RULES, 2013.

TO,
THE HON'BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
HON'BLE SUPREME COURT OF INDIA

THE HUMBLE PETITION OF THE

PETITIONER ABOVE-NAMED

MOST RESPECTFULLY SHOWETH :

1. That the petitioner has filed a Special Leave Petition

before this Hon'ble Court against the impugned final
judgment & order passed by the Hon'ble High Court
of Uttarakhand dated 30.10.2018 in Nainital.

2. That the above matter was heard by this Hon’ble

Court on 08.02.2019 and the Hon’ble Court passed
the following order “ Issue Notice”.
3. That the private respondent no.3 is trying to
surreptiously sell the plot to respondent nos 4 to 6
even though the Hon’ble Supreme Court is ceased of
the above case .

4. That this Hon’ble Court 27.11.2019 observed as

follows:-“ Respondent No. 1 has filled counter
affidavit. Service is complete upon respondent No.2
but no one has entered appearance on his behalf.
However, Mr. Vikash Negi, Ld. Counsel on behalf of
Mr. Jaswant Singh Rawat, Ld. Advocate-on-record
undertakes to appear for respondent No. 2. He seeks
and is given one week time to file the vakalatnama
and four weeks’ time to file the counter affidavit.
Despite grant of opportunities, Respondent No.3 to 6
has not filed counter Affidavit. After the expiry of
aforesaid period, list the matter before Hon’ble Court
as per rules.”

5. That on 30.10.2015 the Executive Engineer informed

the Superintendent Engineer that the eligible
persons would be given 60 square metres of land
instead of 100 sq.mts and the rest of the 40 sq. mts.
Would be returned to the department.
PRAYER

In the premises set forth above, it is therefore,

most respectfully prayed that this Hon'ble Court may
graciously be pleased to :
(i) EXEMPT the petitioner from filing the certified
copy of the impugned Judgement of the Hon'ble
 High Court of of Uttarakhand dated 30.10.2018
in Nainital.

(ii) PASS such other order or orders as this Hon'ble

Court may deem fit and proper in the facts and
circumstances of the present case;

AND FOR THIS ACT OF KINDNESS THE PETITIONER

SHALL EVER PRAY AS DUTY-BOUND

Drawn by : Filed by :

(DR. SUMANT BHARDWAJ) (MRS. MRIDULA RAY

BHARDWAJ)
Advocate Advocate for Petitioners
DATE OF DRAFTING : 22.1.2019
PLACE : New Delhi
FILED ON : 23.01.2019
 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO ________ OF 2019
In the matter of :
SALMAN KHAN AND ORS. …Petitioners
VERSUS
TEHRI HYDRO DEVELOPMENT
CORPORATION & Ors. …Respondents
AFFIDAVIT

I, SALMAN KHAN (male), aged about 36 years, S/O

Wajid Ali Khan, R/o Sector 9-C/F-5 Bairadi, New Tehri,
District Tehri Garhwal, Uttarakhand, presently at New Delhi,
do hereby solemnly affirm and state as under :
1. That I am one of the petitioners and power-of-
attorney holder of all the petitioners in the Special
Leave Petition and well acquainted with the facts and
circumstances of the present case and competent and
authorized to swear the present affidavit.
2. That the facts stated in the Special Leave Petition in
paras 1 to 8 paragraph in pages no. to , Synopsis
and List of Dates in pages B to , and I.A. for
Exemption from filing Official Translation and the
application for exemption from filing certified copy of
the impugned judgement are true to my knowledge
and the Annexures are true copies of their respective
originals.

DEPONENT
VERIFICATION
Verified at New Delhi on this day of January, 2019 that
the facts stated in the above affidavit are true to my
knowledge and belief and no part of the same is false and
nothing material has been kept concealed therefrom.
DEPONENT
 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO. 3164_ OF 2019

[against the final impugned final judgment & order dated
30.10.2018 passed by Hon'ble High Court of Uttarakhand
in Nainital in SPA No.864/2018]
WITH
PRAYER FOR INTERIM RELIEF
In the matter of :
SALMAN KHAN AND ORS. …Petitioners
VERSUS
TEHRI HYDRO DEVELOPMENT
CORPORATION & Ors. …Respondents

WITH
I.A.No. of 2019
Application for Exemption from filing Certified copy of I/O

I.A.No. of 2019
Application for Exemption from Official translation of
annexure

PAPER - BOOK
(KINDLY SEE INSIDE FOR INDEX)
-----------------------------------------------------------------------------------------
---
ADVOCATE FOR THE PETITIONER : MRS. MRIDULA RAY
BHARDWAJ
-----------------------------------------------------------------------------------------
---
Filed on : 23 .01.2019
 INDEX

Sl. Particulars of Document Page No. of part of Remark

No. which it belongs s
Part I Part II
(Contents (Contents
of Paper of file
Book) alone)
(i) (ii) (iii) (iv) (v)
1. Court Fees
2. O/R on Limitation A A
3. Listing Proforma A1-A2 A1-A2
4. Cover Page of Paper Book A-3
5. Index of Record of Proceedings A-4
6. Limitation Report prepared by the A-5
Registry
7. Defect List A-6
8. Note Sheet NS1 to …
9. List of Dates B-

10. Impugned order dated

30.10.2018 passed by High
Court of Judicature at
Nainital in Special Appeal
No.864of 2018
11 Special Leave Petition with
affidavit
12 Appendix-sec
13 Annexure P/1
Copy of Letter dated
11.10.2017. by Principal
Secretary to the
Commissioner, Garwhal, Uk.
Annexure P/2
14
Copy of Order dated
08.08.2018 passed by
Hon’ble High Court of
Uttarakhand at Nainital in
Writ Petition No. 2365(M/S)
 of 2018.

15 Annexure P/3
Copy of Special Appeal No.
864of 2018 filed before
Hon’ble High Court of
Uttarakhand at Nainital on
14.10.2018.
16 I.A.No. of 2019
Application for Exemption from
filing Certified copy of I/O

17 I.A.No. of 2019
Application for Exemption
from filing official translation of
annexure

18 F/M
19 V/M
 PROFORMA FOR FIRST LISTING

SECTION _XI-UK

The case pertains to (Please tick/check the correct box):

Central Act: (Title) –CPC.

Section: _ 151

Central Rule: (Title) _NA

Rule No(s): NA

State Act: (Title)- NA

Section: _ NA

State Rule: (Title) _ NA

Rule No(s): _ NA

Impugned Interim Order: (Date) _ NA

Impugned Final Orders / Decree : 30.10.2018

High Court: Uttarakhand

Name Of Judges: Sharad Kumar Sharma & Rajiv

Sharma

Tribunal / Authority : NA

1. Nature of matter: Civil

2. (a) Petitioner/appellant : Salman Khan & Ors.

(b) e-mail ID: _ NA
(c) Mobile Phone number: _ NA
3. (a) Respondent : Tehri Hydro Development
Corporation & Ors.
 (b) e-mail ID: _ NA
(c) Mobile Phone number: _ NA

4 (a) Main category classification: 18 civil matter

(b) Sub classification: _1807 other
5. Not to be listed before: _ NA
6.(a) Similar disposed off matter with citation, if any, and
case details: No similar matter disposed off.
(b) Similar pending matter with case details: No similar
matter pending.
7. Criminal Matters: NA
(a) Whether accused / convict has surrendered:
(b) FIR No. Date: _
(c) Police Station: _
(d) Sentence Awarded: _
(e) Period of sentence undergone including period
of Detention/Custody Undergone: _
8 Land Acquisition Matters: NA
(a) Date of Section 4 notification: _
(b) Date of Section 6 notification: _
(c) Date of Section 17 notification: _
9. Tax Matters: State the tax effect: _NA
10. Special Category (first petitioner/appellant only):NA
Senior citizen > 65 years SC/ST
Woman/Child Disabled
Legal Aid case In custody
11. Vehicle Number (in case of Motor Accident Claim
matter):
12. Decided cases with citation: NA
AOR for petitioner(s)
(Name) MRIDULA RAY BHARADWAJ
Registration No. 380
bharadwajmridularay@gmail.com
Date: 23 .01.2019
 SYNOPSIS

The issue before this Hon’ble Court is as to whether the

subsequent purchaser of plot allotted to displaced person

under Tehri Dam Project has locus to file a Writ Petition

or not.

The Circular issued on 11.10.2017 permitted such

allottees to sell their allotted plots to any person.

The Respondent reduced the size of the plot from 100

square meters to 60 square meters vide Order dated

12.01.2018 in the name of original allottee and not in the

name of the subsequent purchasers.

The Petitioners are the subsequent purchasers and

affected parties from the Order dated 12.01.2018 and

therefore, they filed a Writ Petition No.2365 of 2018. The

Hon’ble High Court held that only the allottee could have

challenged the said Order dated 12.01.2018, because the

Order was passed against the allottee.

The allottees were not affected persons after selling their

plots and therefore, they did not challenge the aforesaid

Order and the Petitioners being the subsequent

purchasers and affected parties had challenged the

aforesaid Order in the Writ Petition.

It is settled law that an affected party can always

approach the Hon’ble Court as held in the cases of

Prabodh Verma Versus State of U.P. 1984 (4) SCC 251

and Ram Janam Singh Versus State of U.P. 1994 (2) SCC

622.

The Petitioners filed Special Appeal No.864 of 2018 and

the Hon’ble Division Bench held that the allottees cannot

sell their plots, whereas there was a specific Circular

dated 11.10.2017 stating that the allottees can sell their

plot to any person.

The issue before the Appeal Court was whether the

purchasers of plot from the allottees can file their Writ

Petition or not and this question was not decided in the

Special Appeal.

Therefore the impugned order may be set aside and the

Writ Petition or the Special Appeal may be disposed off on

merits.

Hence this SLP.

 LIST OF DATES

11.10.2017 The State Government issued a

Circular on 11.10.2017 attached
here as Annexure P/1 and
deleted the earlier condition of non-
permission to sell the allotted plot
for 10 years from the date of
allotment by the displaced persons
under Tehri Dam Rehabilitation
Scheme.

12.01.2018 The Respondent Director of

Rehabilitation of Tehri Dam Project
ordered for reduction of the size of
plot from 100 square meters to 60
square meters and the Order was
issued in the name of the original
allottee, whereas the original allottee
had already sold the plot to the
Petitioners.

08.08.2018 The Petitioners/subsequent

purchaser filed Writ Petition No.
2365 of 2018 and the same was
dismissed on 08.08.2018 attached
here as Annexure P/2 on
the ground that the subsequent
purchaser has no right to file the
 Writ Petition and only the allottee
can challenge the Order of the
Director of the Rehabilitation dated
12.01.2018.

14.10.2018 The Petitioners filed the Special

Appeal No. 864 of 2018 attached
here as Annexure P/3 on
the ground that the subsequent
purchasers can also challenge the
order of the Director of
Rehabilitation. The reason being the
petitioners are the valid purchasers
in view of Circular dated
11.10.2017.
30.10.2018 Even then the Special Appeal was
dismissed on the ground that the
allottee had no right to sell the land,
whereas the question was as to
whether the subsequent purchasers
being affected parties can file the
writ petition.

23.01.2019 Being aggrieved, the Special Leave

Petition is being filed.
 IN THE SUPREME COURT OF INDIA
( Under Order XXI Rule 3 (1) (a) of Supreme Court Rules, 2013 )

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO. __________ OF 2019

WITH

PRAYER FOR INTERIM RELIEF

(Under Article 136 of the Constitution of India)
______________________________________________________________________________
BETWEEN IN THE HIGH COURT IN THIS COURT
______________________________________________________________________________

In the matter of :-

1) Salman Khan (Male), aged about 36 years, S/o Sri

Wajid Ali Khan, R/o Sector 9-C/F-5 Bairadi, New
Tehri, District Tehri Garhwal, Uk.
Appellant No.1 …Petitioner

2) Shahid Hassan (Male), aged about 52 years, S/o

Shri Khalil Rehman, R/o B-29, Sector 9-C/Bauradi,
New Tehri, District Tehri Garhwal, Uk.
Appellant No.2 …Petitioner

3) Shishu Pal Singh (Male), aged about 39 years, S/o

Shri Purn Singh, R/o B-21, Open Market Bauradi
New Tehri, District Tehri Garhwal, Uk.
Appellant No.3 …Petitioner

4) Kundan Lal Saklani (Male), aged about 38 years,

S/o Shri Sundar Lal Saklani, R/o Village Sudana
Patti Maniyar District Tehri Garhwal , Uk.
Appellant No.4 …Petitioner
5) Manish Soni (Male), aged about 42 years, S/o Dev
Prakash, R/o 9-D/411 Bauradi New Tehri, District
Tehri Garhwal , Uk.
Appellant No.5 …Petitioner

Versus
1) Tehri Hydro Development Corporation, Vikram
Tower, Paragatipuram, Rishikesh, District
Dehradun, Uk Through Its Chairman and Managing
Director.
…Respondent No. 1 …Respondent

2) The Director of Rehabilitation, Rehabilitation

Directorate, Tehri Dam Project, New Tehri, District
Tehri, Garhwal, Uk.
…Respondent No. 2 …Respondent

3) Shri Hem Chandra Singh S/o Late Shri Kushal

Singh.
…Respondent No. 3 …Respondent

4) Shri Vinay Singh S/o Late Shri Kushal Singh.

…Respondent No. 4 …Respondent

5) Shri Digamber Singh S/o Shri Kushal Singh.

…Respondent No. 5 …Respondent

6) Shri Gaurav Singh S/o Shri Kushal Singh, all the

respondent no. 3 to 6 are residents of village
Devinagar Kashiramur, Patti Sukhron, Tehsil
Kotdwar, District Pauri, Garhwal, Uk.
 …Respondent No. 6 …Respondent

7) Shri Waseem Ahmad S/o Sri Naseem Ahmad R/o

Sector 7B-248, Bauradi, New Tehri, District Tehri,
Garhwal, Uk.

…Respondent No. 7 …Respondent

ALL ARE CONTESTING RESPONDENTS.

TO,

THE HON'BLE CHIEF JUSTICE OF INDIA

AND HIS COMPANION JUSTICES OF THE
HON'BLE SUPREME COURT OF INDIA

THE HUMBLE PETITION OF THE

PETITIONER ABOVE-NAMED

MOST RESPECTFULLY SHOWETH :

1. That the petitioner above-named respectfully submits
the present petition seeking Special Leave to Appeal
under Article 136 of the Constitution of India against
the impugned final judgment & order passed by the
Hon'ble High Court of Uttarakhand dated 30.10.2018 in
Nainital, vide which a Division Bench of the Hon'ble
High Court was pleased to dismiss the S.A
No.864/2018.

2. QUESTIONS OF LAW :

The following questions of law, of substantial

importance, arise for the consideration of this Hon'ble
Court in the present Special Leave Petition :
(I) Whether the subsequent purchaser of plot allotted

to displaced person under Tehri Dam Project has

locus to file a Writ Petition or not?

(II) Whether the Hon’ble High Court of Uttarakhand at

Nainital have failed to appreciate that the Circular

issued on 11.10.2017 permitted such allottees to

sell their allotted plots to any person?

(III) Whether the Hon’ble High Court of Uttarakhand at

Nainital have failed to appreciate that t he Respondent

reduced the size of the plot from 100 square meters

to 60 square meters vide Order dated 12.01.2018 in

the name of original allottee and not in the name of

the subsequent purchasers?

(IV) Whether the Hon’ble High Court of Uttarakhand at

Nainital have failed to appreciate that the Petitioners

are the subsequent purchasers and affected parties

from the Order dated 12.01.2018 and therefore,

they filed a Writ Petition No.2365 of 2018?

(V) Whether the Hon’ble High Court of Uttarakhand at

Nainital have wrongly held in Writ Petition No. 2365 of

2018that only the allottee could have challenged the

 said Order dated 12.01.2018, because the Order

was passed against the allottee?

(VI) Whether the Hon’ble High Court of Uttarakhand at

Nainital have failed to appreciate that the allottees

were not affected persons after selling their plots

and therefore, they did not challenge the aforesaid

Order and the Petitioners being the subsequent

purchasers and affected parties had challenged the

aforesaid Order in the Writ Petition?

(VII) Whether the Hon’ble High Court of Uttarakhand at

Nainital have failed to appreciate that i t is settled law

that an affected party can always approach the

Hon’ble Court as held in the cases of Prabodh

Verma Versus State of U.P. 1984 (4) SCC 251 and

Ram Janam Singh Versus State of U.P. 1994 (2)

SCC 622?

(VIII) Whether the Hon’ble High Court of Uttarakhand at

Nainital had incorrectly held that the allottees cannot

sell their plots, whereas there was a specific

Circular dated 11.10.2017 stating that the allottees

can sell their plot to any person?

(IX) Whether the Hon’ble High Court of Uttarakhand at

Nainital have failed to appreciate that the issue before

the Appeal Court was whether the purchasers of

plot from the allottees can file their Writ Petition or

not and this question was not decided in the Special

Appeal?

3. DECLARATION IN TERMS OF RULE 4 (2) :

That the petitioner states that no other or similar

petition seeking leave to appeal has been filed by him
against the impugned final judgment and order of the
Hon'ble High Court.

4. DECLARATION IN TERMS OF RULE 6 :

That the Annexures P/1 to P/ produced

alongwith the present Special Leave Petition are true
copies of their respective originals and were a part of the
pleadings and the records of the case in the High Court
below, against whose order the leave to appeal is sought
for, in the present Special Leave Petition.

5. GROUNDS :

That the petitioner crave for the indulgence of this

Hon'ble Court to grant Special Leave to Appeal, against
 the impugned final judgment & order, inter-alia, on
following amongst other grounds :

A. Because the subsequent purchaser of plot allotted to

displaced person under Tehri Dam Project has locus

to file a Writ Petition.

B. Because the Hon’ble High Court of Uttarakhand at

Nainital have failed to appreciate that the Circular

issued on 11.10.2017 permitted such allottees to

sell their allotted plots to any person.

C. Because the Hon’ble High Court of Uttarakhand at

Nainital have failed to appreciate that t he Respondent

reduced the size of the plot from 100 square meters

to 60 square meters vide Order dated 12.01.2018 in

the name of original allottee and not in the name of

the subsequent purchasers.

D. Because the Hon’ble High Court of Uttarakhand at

Nainital have failed to appreciate that the Petitioners

are the subsequent purchasers and affected parties

from the Order dated 12.01.2018 and therefore,

they filed a Writ Petition No.2365 of 2018.

E. Because the Hon’ble High Court of Uttarakhand at

Nainital have wrongly held in Writ Petition No. 2365 of

2018that only the allottee could have challenged the

said Order dated 12.01.2018, because the Order

was passed against the allottee.

F. Because the Hon’ble High Court of Uttarakhand at

Nainital have failed to appreciate that the allottees

were not affected persons after selling their plots

and therefore, they did not challenge the aforesaid

Order and the Petitioners being the subsequent

purchasers and affected parties had challenged the

aforesaid Order in the Writ Petition.

G. Because the Hon’ble High Court of Uttarakhand at

Nainital have failed to appreciate that i t is settled law

that an affected party can always approach the

Hon’ble Court as held in the cases of Prabodh

Verma Versus State of U.P. 1984 (4) SCC 251 and

Ram Janam Singh Versus State of U.P. 1994 (2)

SCC 622.

H. Because the Hon’ble High Court of Uttarakhand at

Nainital had incorrectly held that the allottees cannot

sell their plots, whereas there was a specific

 Circular dated 11.10.2017 stating that the allottees

can sell their plot to any person.

I. Because the Hon’ble High Court of Uttarakhand at

Nainital have failed to appreciate that the issue before

the Appeal Court was whether the purchasers of

plot from the allottees can file their Writ Petition or

not and this question was not decided in the Special

Appeal.

6. GROUNDS FOR INTERIM RELIEF :

That the petitioner craves for the indulgence of

this Hon'ble Court to grant the interim relief of Stay,
as prayed for here-in-below, otherwise the petitioner
will suffer irreparable loss and prejudice.

7. MAIN PRAYER :

In the premises set forth above, it is therefore,

most respectfully prayed that this Hon'ble Court may
graciously be pleased to :

(i) GRANT Special Leave to Appeal against the

impugned final judgment & order dated
30.10.2018 passed by Hon'ble High Court of
Uttarakhand in Nainital;
 (ii) PASS such other order or orders as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the present case;

8. PRAYER FOR INTERIM RELIEF :

It is, further, most respectfully prayed that this

Hon'ble Court may graciously be pleased to :

(i) STAY the operation of the impugned final

judgment & order passed by the Hon'ble High
Court of Uttarakhand dated 30.10.2018 in
Nainital;

(ii) PASS such other order or orders as this Hon'ble

Court may deem fit and proper in the facts and
circumstances of the present case;

AND FOR THIS ACT OF KINDNESS THE PETITIONER

SHALL EVER PRAY AS DUTY-BOUND
Drawn by : Filed by :

(DR. SUMANT BHARDWAJ) (MRS. MRIDULA RAY BHARDWAJ)

Advocate Advocate for Petitioner
DATE OF DRAFTING : GGG
PLACE : New Delhi
FILED ON : 23.01.2019
 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO. ________ OF 2019

In the matter of :
SALMAN KHAN AND ORS. …Petitioners
VERSUS
TEHRI HYDRO DEVELOPMENT
CORPORATION & Ors. …Respondents

CERTIFICATE
It is hereby certified that the above Special Leave
Petition is confined only to the pleadings before the Courts
whose order is being challenged and the other documents
relied upon in those proceedings. No additional facts,
documents or grounds have been taken therein or relied upon
in the above Special Leave Petition. It is further certified that
the copies of the documents/annexures attached to the above
Special Leave Petition are necessary to answer the question of
law raised in the petition or to make out grounds urged in the
above Special Leave Petition for consideration of this Hon’ble
Court. This certificate is given on the basis of the instructions
given by the petitioner/person authorised by the petitioner
whose affidavit is filed in support of this Special Leave
Petition.
Filed by :

( MRS. MRIDULA RAY BHARDWAJ )

Advocate for the Petitioner

Filed on : 23.01.2019
NEW DELHI
 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO ________ OF 2019
In the matter of :
SALMAN KHAN AND ORS. …Petitioners
VERSUS
TEHRI HYDRO DEVELOPMENT
CORPORATION & Ors. …Respondents
AFFIDAVIT

I, SALMAN KHAN (male), aged about 36 years, S/O Wajid

Ali Khan, R/o Sector 9-C/F-5 Bairadi, New Tehri, District Tehri
Garhwal, Uttarakhand, presently at New Delhi, do hereby
solemnly affirm and state as under :
1. That I am one of the petitioners and power-of-attorney
holder of all the petitioners in the Special Leave Petition
and well acquainted with the facts and circumstances of
the present case and competent and authorized to
swear the present affidavit.
2. That the facts stated in the Special Leave Petition in
paras 1 to 8 paragraph in pages no. to , Synopsis
and List of Dates in pages B to , and I.A. for
Exemption from filing Official Translation and the
application for exemption from filing certified copy of the
impugned judgement are true to my knowledge and the
Annexures are true copies of their respective originals.

DEPONENT
VERIFICATION
Verified at New Delhi on this day of January, 2019 that the
facts stated in the above affidavit are true to my knowledge
and belief and no part of the same is false and nothing
material has been kept concealed therefrom.
DEPONENT
 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

I. A. NO. OF 2019
IN
SPECIAL LEAVE PETITION (CIVIL) NO. _________ OF 2019

In the matter of :

SALMAN KHAN AND ORS. …Petitioners

VERSUS
TEHRI HYDRO DEVELOPMENT
CORPORATION & Ors. …Respondents

AN APPLICATION FOR EXEMPTION FROM FILING

CERTIFIED COPY OF IMPUGNED ORDER UNDER ORDER LV
OF SUPREME COURT RULES, 2013.

TO,
THE HON'BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
HON'BLE SUPREME COURT OF INDIA

THE HUMBLE PETITION OF THE

PETITIONER ABOVE-NAMED

MOST RESPECTFULLY SHOWETH :

6. That the petitioner has filed a Special Leave Petition

before this Hon'ble Court against the impugned final
judgment & order passed by the Hon'ble High Court of
Uttarakhand dated 30.10.2018 in Nainital.

7. That the petitioner made his application for obtaining

the certified copy of the Judgement on 30.10.2019 and
has not received the same and hence may be exempted
 from filing the certified copy of the impugned
Judgement.

PRAYER

In the premises set forth above, it is therefore,

most respectfully prayed that this Hon'ble Court may
graciously be pleased to :
(i) EXEMPT the petitioner from filing the certified
copy of the impugned Judgement of the Hon'ble
High Court of of Uttarakhand dated 30.10.2018 in
Nainital.

(ii) PASS such other order or orders as this Hon'ble

Court may deem fit and proper in the facts and
circumstances of the present case;

AND FOR THIS ACT OF KINDNESS THE PETITIONER

SHALL EVER PRAY AS DUTY-BOUND

Drawn by : Filed by :

(DR. SUMANT BHARDWAJ) (MRS. MRIDULA RAY BHARDWAJ)

Advocate Advocate for Petitioners
DATE OF DRAFTING : 22.1.2019
PLACE : New Delhi
FILED ON : 23.01.2019
 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

I. A. NO. OF 2019
IN
SPECIAL LEAVE PETITION (CIVIL) NO. _________ OF 2019

In the matter of :
SALMAN KHAN AND ORS. …Petitioners
VERSUS
TEHRI HYDRO DEVELOPMENT
CORPORATION & Ors. …Respondents

AN APPLICATION FOR EXEMPTION FROM FILING

OFFICIAL TRANSLATION OF ANNEXURE-P/1 UNDER
ORDER LV OF SUPREME COURT RULES, 2013.

TO,
THE HON'BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
HON'BLE SUPREME COURT OF INDIA

THE HUMBLE PETITION OF THE

PETITIONER ABOVE-NAMED

MOST RESPECTFULLY SHOWETH :

1. That the petitioner has filed a Special Leave Petition

before this Hon'ble Court against the impugned final
judgment & order passed by the Hon'ble High Court of
Uttarakhand dated 30.10.2018 in Nainital.

2. That the Annexure-P/1 is in Vernacular language for

which translation in English has to be filed in this
Hon’ble Court and the said Annexure has been duly
translated into English by an Advocate practicing in this
 Hon’ble Court and the same is a true and correct
version of it’s origin.

PRAYER

In the premises set forth above, it is therefore,

most respectfully prayed that this Hon'ble Court may
graciously be pleased to :

(i) EXEMPT the petitioner from filing the Official

translation of Annexure-P/1 ; and

(ii) PASS such other order or orders as this Hon'ble

Court may deem fit and proper in the facts and
circumstances of the present case;

AND FOR THIS ACT OF KINDNESS THE PETITIONER

SHALL EVER PRAY AS DUTY-BOUND

Drawn by : Filed by :

(DR. SUMANT BHARDWAJ) (MRS. MRIDULA RAY BHARDWAJ)

Advocate Advocate for Petitioner
DATE OF DRAFTING : 22.1.2019
PLACE : New Delhi
FILED ON : 23.01.2019
IN THE HON’BLE HIGH COURT OF UTTARAKHAND AT
NAINITAL
SPECIAL APPEAL NO. 864 OF 2018
(Under Chap-VIII Rule 5 of the High Court Rules)
(District – Dehradun)

1. Salman Khan (Male), aged about 36 years, S/o Sri

Wajid Ali Khan, R/o Sector 9-C/F-5 Bairadi, New
Tehri, District Tehri Garhwal.
2. Shahid Hassan (Male), aged about 52 years, S/o
Shri Khalil Rehman, R/o B-29, Sector 9-C/Bauradi,
New Tehri, District Tehri Garhwal.
3. Shishu Pal Singh (Male), aged about 39 years, S/o
Shri Purn Singh, R/o B-21, Open Market Bauradi
New Tehri, District Tehri Garhwal.
4. Kundan Lal Saklani (Male), aged about 38 years,
S/o Shri Sundar Lal Saklani, R/o Village Sudana
Patti Maniyar District Tehri Garhwal.
5. Manish Soni (Male), aged about 42 years, S/o Dev
Prakash, R/o 9-D/411 Bauradi New Tehri, District
Tehri Garhwal.

…Appellants
Versus
1. Tehri Hydro Development Corporation, Vikram
Tower, Paragatipuram, Rishikesh, District
Dehradun Through Its Chairman and Managing
Director.
2. The Director of Rehabilitation, Rehabilitation
Directorate, Tehri Dam Project, New Tehri, District
Tehri, Garhwal.
3. Shri Hem Chandra Singh S/o Late Shri Kushal
Singh.
4. Shri Vinay Singh S/o Late Shri Kushal Singh.
5. Shri Digamber Singh S/o Shri Kushal Singh.
6. Shri Gaurav Singh S/o Shri Kushal Singh, all the
respondent no. 3 to 6 are residents of village
Devinagar Kashiramur, Patti Sukhron, Tehsil
Kotdwar, District Pauri, Garhwal.
7. Shri Waseem Ahmad S/o Sri Naseem Ahmad R/o
Sector 7B-248, Bauradi, New Tehri, District Tehri,
Garhwal.

…Respondents
ORDER dated 30.10.2018

Hon’ble Rajiv Sharma, ACJ.

Hon’ble Sharad Kumar Sharma, J.
Mr. T.A.Khan, senior advocate, assisted by Mr. A.K.Arya,
Advocate for the petitioners.
Mr.Shobhit Sharma, Adocate for the respondents.
Heard.
In view of the grounds mentioned in the application
supported by an affidavit and in the interest of justice,
the delay condonation application no.16533 of 2018 is
allowed. Delay in filing the special leave is condoned.
This appeal is instituted against the judgment dated
08.08.2018 rendered by learned single judge in WPMS
No. 2365 of 2018.
“Key Facts”, necessary for adjudication of this appeal are
that the appellants had admittedly purchased a piece of
land form the persons, who were displaced because of the
construction of the Tehri Dam.
The Government took a conscious decision to allot land
to such displaced persons in various places including
New Tehri. The appellants have purchased the land from
such displaced persons in various places including New
Tehri. The appellants have purchased the land from such
displaced persons who were allotted land in the first
place because of the construction of the Tehri Dam.
The attention of the Court has been drawn to the
allotment order dated 31.10.2015. This letter cannot be
termed as “conveyance”. Thus, merely on the basis of the
allotment letter dated 31.10.2015, the land could not be
sold to the appellants. The allotment letter could also not
be construed as “sale”.
Accordingly, there is no merit in the appeal and the same
is hereby dismissed.

(Sharad Kumar Sharma, J.) (Rajiv Sharma, ACJ)

30.10.2018
True Copy
 ANNEXURE – P/2
IN THE HON’BLE HIGH COURT OF UTTARAKHAND AT
NAINITAL
WRIT PETITION NO. 2365 (M/S) OF 2018
(Under Art-226 of the Constitution of India)
(District – Tehri Garhwal)

6) Salman Khan (Male), aged about 36 years, S/o Sri

Wajid Ali Khan, R/o Sector 9-C/F-5 Bairadi, New
Tehri, District Tehri Garhwal.
7) Shahid Hassan (Male), aged about 52 years, S/o
Shri Khalil Rehman, R/o B-29, Sector 9-C/Bauradi,
New Tehri, District Tehri Garhwal.
8) Shishu Pal Singh (Male), aged about 39 years, S/o
Shri Purn Singh, R/o B-21, Open Market Bauradi
New Tehri, District Tehri Garhwal.
9) Kundan Lal Saklani (Male), aged about 38 years,
S/o Shri Sundar Lal Saklani, R/o Village Sudana
Patti Maniyar District Tehri Garhwal.
10) Manish Soni (Male), aged about 42 years, S/o Dev
Prakash, R/o 9-D/411 Bauradi New Tehri, District
Tehri Garhwal.

…Appellants
Versus
8) Tehri Hydro Development Corporation, Vikram
Tower, Paragatipuram, Rishikesh, District
Dehradun Through Its Chairman and Managing
Director.
9) The Director of Rehabilitation, Rehabilitation
Directorate, Tehri Dam Project, New Tehri, District
Tehri, Garhwal.
10) Shri Hem Chandra Singh S/o Late Shri Kushal
Singh.
11) Shri Vinay Singh S/o Late Shri Kushal Singh.
12) Shri Digamber Singh S/o Shri Kushal Singh.
13) Shri Gaurav Singh S/o Shri Kushal Singh, all the
respondent no. 3 to 6 are residents of village
Devinagar Kashiramur, Patti Sukhron, Tehsil
Kotdwar, District Pauri, Garhwal.
14) Shri Waseem Ahmad S/o Sri Naseem Ahmad R/o
Sector 7B-248, Bauradi, New Tehri, District Tehri,
Garhwal.

…Respondents
WPMS No. 2365 of 2018
Hon’ble Sudhanshu Dhulia, J
Mr. Parikshit Saini, Advocate, present for the petitioners.
Mr. Shobhit Saharia, Advocate, present for the
THDC/respondent nos. 1 and 2.

Petitioners had admittedly purchased a land from the

persons who were displaced because of the construction
of “Tehri Dam”. It is an admitted fact that during the
construction of “Tehri Dam” a large number of population
of the old Tehri Town as well as nearby villages were
displaced and subsequently, the government took a
conscious decision for allotting land to such displaced
persons at various places including “New Tehri”.
It is an admitted fact that the petitioners are the ones
who had purchased the said land form the displaced
persons who were allotted land in the first place because
of the construction of the Tehri Dam.
Whether such a transaction is legal is the question which
must be answered by the petitioners? All the same, the
petitioners evaded this issue and argued that they had
purchased the said land from the displaced persons and
now in subsequent proceedings, the area of plot has been
reduced without giving an opportunity of hearing to the
petitioners. The petitioners allege violation of principle of
natural justice and fair play at the hands of the
respondents.
This writ petition is totally misconceived inasmuch as not
only the petitioners have no right to be heard as they
were not the persons who were allotted the land. In fact
the very transaction made in favour of the petitioners is
questionable. The petitioners have no locus standi in the
matter.
In view of the above, the writ petition stands dismissed in
limine.

(Sudhanshu Dhulia, J.)

08.08.2018
TRUE COPY
 ANNEXURE-
Letter No.2260/11(2)-2017-12/1(19)/2003
Irrigation Division – 2, Dehradun.
Dated 11.10.2017

From:
Anand Vardhan,
Principle Secretary,
Uttarakhand Administration.

To
The Commissioner,
Garwhal Division, Pauri.

Subject: Regarding deleting the condition of Non-Sale of

the land allotted to the displaced families of Tehri Dam
for 10 years from the date of allotment.

Sir,
I have been directed to state with regard to the above
mentioned subject that the Government has decided to
modify the condition No.3 that “The plots allotted to the
displaced persons shall not sell their plots to any other
person for 10 years from the date of allotment” per earlier
Government Order No.64/11-2011-12/1(19)/2003 dated
06.01.2011 reiterated in Government Order No.483/11-
2017-12/1(19)/2003 dated 10.03.2017.
The above Government Order dated 10.03.2017 shall
stand modified and shall be substituted by the following
provision and would be read as under-

“The Governor gives his consent after long consultation

with the State Administration that the condition of not
selling the land to any other person within 10 years from
the date of allotment by the displaced families is deleted”.
The above mentioned Government Order dated
10.03.2017 shall be considered as modified to the above
extent.

Anand Vardhan,

Principle Secretary,

11.10.2017

Copy to the Director, Rehabilitation,

Tehri Dam Project, New Tehri.

Issued by the order of

Deputy Secretary,

Devendra Paliwal

11.10.2017.

True Copy
 DEPONENT
VERIFICATION
Verified at New Delhi on this day of January, 2019 that the
facts stated in the above affidavit are true to my knowledge
and belief and no part of the same is false and nothing
material has been kept concealed therefrom.
DEPONENT
 ANNEXURE – P/2
IN THE HON’BLE HIGH COURT OF UTTARAKHAND AT
NAINITAL
WRIT PETITION NO. 2365 (M/S) OF 2018
(Under Art-226 of the Constitution of India)
(District – Tehri Garhwal)

11) Salman Khan (Male), aged about 36 years, S/o Sri

Wajid Ali Khan, R/o Sector 9-C/F-5 Bairadi, New
Tehri, District Tehri Garhwal.
12) Shahid Hassan (Male), aged about 52 years, S/o
Shri Khalil Rehman, R/o B-29, Sector 9-C/Bauradi,
New Tehri, District Tehri Garhwal.
13) Shishu Pal Singh (Male), aged about 39 years, S/o
Shri Purn Singh, R/o B-21, Open Market Bauradi
New Tehri, District Tehri Garhwal.
14) Kundan Lal Saklani (Male), aged about 38 years,
S/o Shri Sundar Lal Saklani, R/o Village Sudana
Patti Maniyar District Tehri Garhwal.
15) Manish Soni (Male), aged about 42 years, S/o Dev
Prakash, R/o 9-D/411 Bauradi New Tehri, District
Tehri Garhwal.

…Appellants
Versus
15) Tehri Hydro Development Corporation, Vikram
Tower, Paragatipuram, Rishikesh, District
Dehradun Through Its Chairman and Managing
Director.
16) The Director of Rehabilitation, Rehabilitation
Directorate, Tehri Dam Project, New Tehri, District
Tehri, Garhwal.
17) Shri Hem Chandra Singh S/o Late Shri Kushal
Singh.
18) Shri Vinay Singh S/o Late Shri Kushal Singh.
19) Shri Digamber Singh S/o Shri Kushal Singh.
20) Shri Gaurav Singh S/o Shri Kushal Singh, all the
respondent no. 3 to 6 are residents of village
Devinagar Kashiramur, Patti Sukhron, Tehsil
Kotdwar, District Pauri, Garhwal.
21) Shri Waseem Ahmad S/o Sri Naseem Ahmad R/o
Sector 7B-248, Bauradi, New Tehri, District Tehri,
Garhwal.

…Respondents
WPMS No. 2365 of 2018
Hon’ble Sudhanshu Dhulia, J
Mr. Parikshit Saini, Advocate, present for the petitioners.
Mr. Shobhit Saharia, Advocate, present for the
THDC/respondent nos. 1 and 2.

Petitioners had admittedly purchased a land from the

persons who were displaced because of the construction
of “Tehri Dam”. It is an admitted fact that during the
construction of “Tehri Dam” a large number of population
of the old Tehri Town as well as nearby villages were
displaced and subsequently, the government took a
conscious decision for allotting land to such displaced
persons at various places including “New Tehri”.
It is an admitted fact that the petitioners are the ones
who had purchased the said land form the displaced
persons who were allotted land in the first place because
of the construction of the Tehri Dam.
Whether such a transaction is legal is the question which
must be answered by the petitioners? All the same, the
petitioners evaded this issue and argued that they had
purchased the said land from the displaced persons and
now in subsequent proceedings, the area of plot has been
reduced without giving an opportunity of hearing to the
petitioners. The petitioners allege violation of principle of
natural justice and fair play at the hands of the
respondents.
This writ petition is totally misconceived inasmuch as not
only the petitioners have no right to be heard as they
were not the persons who were allotted the land. In fact
the very transaction made in favour of the petitioners is
questionable. The petitioners have no locus standi in the
matter.
In view of the above, the writ petition stands dismissed in
limine.

(Sudhanshu Dhulia, J.)

08.08.2018
TRUE COPY
 IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO ________ OF 2019
In the matter of :
SALMAN KHAN AND ORS. …Petitioners
VERSUS
TEHRI HYDRO DEVELOPMENT
CORPORATION & Ors. …Respondents
AFFIDAVIT

I, SALMAN KHAN (male), aged about 36 years, S/O Wajid

Ali Khan, R/o Sector 9-C/F-5 Bairadi, New Tehri, District Tehri
Garhwal, Uttarakhand, presently at New Delhi, do hereby
solemnly affirm and state as under :
1. That I am one of the petitioners and power-of-attorney
holder of all the petitioners in the Special Leave Petition
and well acquainted with the facts and circumstances of
the present case and competent and authorized to
swear the present affidavit.
2. That the facts stated in the Special Leave Petition in
paras 1 to 8 paragraph in pages no. to , Synopsis
and List of Dates in pages B to , and I.A. for
Exemption from filing Official Translation and the
application for exemption from filing certified copy of the
impugned judgement are true to my knowledge and the
Annexures are true copies of their respective originals.
 DEPONENT
VERIFICATION
Verified at New Delhi on this 18 day of January, 2023
that the facts stated in the above affidavit are true to my
knowledge and belief and no part of the same is false and
nothing material has been kept concealed therefrom.
DEPONENT