NARSEEN FATIMA KAZMI Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties. By means of this petition, the petitioner has sought following reliefs:-

(2.) Learned counsel for the petitioner has contended that the shop in question was constructed in the year 1982 by the then landlords after getting map sanctioned from the prescribed authority whereafter Mussorrie Dehradun Development Authority, came into existence in the year 1985. The present landlord had given an undertaking to the M.D.D.A. to demolish the shop in question without the petitioners consent. It is further contended that proceedings for eviction of the petitioner have not been taken in accordance with law, as provided in U.P. Urban Buildings Regulation of Letting and Eviction Act, 1972.

(3.) Vide order dated 17.07.2010, M.D.D.A. passed an order to seal the premises, whereby the petitioner as well as the landlord preferred different appeals before the Commissioner and their cases were remanded back to the Vice Chancellor, M.D.D.A. to decide the same afresh after hearing the parties. Vide order dated 16.08.2010, M.D.D.A. removed the seal of the property in question of the landlords partly and granted specific period to vacate the second floor of their premises. Thereafter, the petitioner moved an application for reopening of the seal from the premises in question but the same is still pending for disposal.