RATNAMANI NAUTIYAL Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The petitioner before this Court is challenging the sealing order dated 16.03.2012 passed by the development authority i.e. Mussorie Dehradun Development Authority (hereinafter referred to as 'M.D.D.A.'), which has been constituted under the provision of Uttar Pradesh Urban Planning & Development Act, 1973 (hereinafter referred to as 'Act'). The sealing order has been passed under Sections 27(1) and 28(1) of the Act, which reads as under:-

(2.) As per the M.D.D.A., the construction made by the petitioner is an unauthorized construction and hence proceedings are being drawn against him under Section 27 of the Act for demolition of the same, but as an interim measure and under the power vested in the M.D.D.A. under Section 58 of the Act, the order of sealing has been passed.

(3.) The contention of the learned Senior Advocate Mr. J.P. Joshi for the petitioner is that the construction in question had already been completed prior to the date when M.D.D.A. came into existence i.e. 26.10.1984.