RUKMANI DEVI Vs. MUSSOORIE DEHRADUN DEVELOPMENT

JUDGEMENT

(1.) HEARD Mr. Devesh Ghildiyal, Counsel for the petitioner, Ms. Puja Banga, Counsel for respondent nos. 1 and 2 and Mr. N. P. Sah, Standing Counsel for the State of Uttarakhand.

(2.) THE petitioner had applied for sanction of a map for construction of commercial building which was refused by the Mussorie Dehradun Development Authority (hereinafter referred to as the "MDDA") on 5.9.2009. The petitioner is aggrieved by the said order dated 5.9.2009. The preliminary objection has been raised by the MDDA in its courter affidavit saying that the petitioner has an alternative remedy under Section 15(5) of Uttar Pradesh Urban Planning and Development Act, 1973 (hereinafter referred to as the "Act"). Section 15(5) of the Act reads as under: - "15. Application for permission. 1"¦ 2"¦

(3.) "¦