DAYANAND SHIKSHA SANTHAN U.P. Vs. CHIEF ADMINISTRATOR

JUDGEMENT

(1.) Since common questions of fact and law are involved in these writ petitions, therefore these petitions are clubbed together and are being heard and decided together. However, for the sake of convenience, facts of WPMS No. 778 of 2019 are being considered.

(2.) Petitioner has challenged the order passed by Mussoorie Dehradun Development Authority, whereby petitioner's application, for recall of the house plan sanctioned in favour of private respondent, was rejected. He has also challenged the order dated 17/2/2018 passed by Revisional Authority i.e. Additional Chief Administrator, Uttarakhand Housing and Urban Development Authority, whereby his Revision Petition was also dismissed.

(3.) Petitioner had asserted his title in his recall application. His application was that he is the owner of the land, over which house plan was sanctioned in favour of private respondent. The Secretary, M.D.D.A. rejected the recall application, by holding that question of title cannot be gone into under the provisions of Uttarakhand Urban and Country Planning and Development Act, 1973 and the housing plan sanctioned in favour of private respondent cannot be recalled, till a decree is passed by competent Civil Court, declaring the sale deed as null and void.