2024:UHC:6244
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No. 2312 of 2024
30 August, 2024
Surendra Singh Rana
--Petitioner
Versus
Mussoorie Dehradun Development Authority
--Respondent
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Presence:-
Mr. Bhupesh Kandpal, Advocate for the petitioner.
Mr. Rahul Consul, Advocate for the respondendent-MDDA.
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Hon'ble Pankaj Purohit, J.
Heard.
2. Petitioner has challenged the proceedings of
Case No.UCMS/MDDA/R/0915/2024/27(1) and Order
No.UCMS/MDDA/R/0915/2024/28(1) dated 01.08.2024
passed by the respondent –MDDA. A further writ of
mandamus has been prayed directing the respondent
authorities to consider letters dated 08.08.2024 and
12.08.2024 submitted by petitioner.
3. It is the case of petitioner that he constructed
a house in the year 2003 over Plot No.2205 ad measuring
area 1721.5 square feet situated in Chandrabani,
Pargana Kendriya Doon, District Dehradun.
4. It is the admitted position at present, the said
property falls within the jurisdiction of MDDA. It is
further contended that when the house was built in the
year 2003, the area i.e. ‘Chandrabani’ did not fall within
the reach of MDDA. By the impugned order dated
01.08.2024, the respondent called upon the petitioner to
show cause why the construction raised by him, without
permission of MDDA, be not demolished. It is feeling
aggrieved by the said order, the petitioner is before this
Court.
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2024:UHC:6244
5. Learned Counsel for petitioner submits that
the house was constructed in the year 2023 and when
the petitioner moved an application for sanction of map
of already built house, he was informed that in the said
area, no maps are being sanctioned at present. However,
this fact has been refuted by learned Counsel appearing
for MDDA, and he argued that petitioner never exercised
the option of moving proper application, and therefore,
the averments made in the petition cannot be believed.
6. Having regard to the facts of the case, present
petition is disposed of finally by permitting the petitioner
to move an application before the MDDA for sanction of
map/compounding of construction raised by him over
the subject property within one week from today. If any
such application is moved, the competent authority of the
MDDA is directed to decide the said application in
accordance with law within a period of six months from
the date of its receipt. Till then, the impugned order
dated 01.08.2024 shall be kept in abeyance.
7. It is, however, clarified that if petitioner does
not move the application, as asked for hereinabove,
within seven days i.e. latest by 07.09.2024, this order
will not come for his rescue and the authority will
proceed in the matter in accordance with law.
8. Pending application, if any, stands disposed of.
(Pankaj Purohit, J.)
30.08.2024
Rdang
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