SARITA SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PETITIONER , an RTI Activist, Journalist and a Public Spirited Person, seeks assistance of this Court for demolition of illegal construction of Pacific Mall at Jakhan, Rajpur Road, Dehradun, and also demolition of illegal construction of Hotel Moti Mahal, Gandhi Road, Dehradun. According to the petitioner, Pacific Mall as well as Hotel Moti Mahal have been constructed in excess of the sanctioned area in the map sanctioned by Mussoorie Dehradun Development Authority, respondent No. 2. The person responsible for construction of Pacific Mall is Saket Bansal, respondent No. 5, and the person responsible for construction of Hotel Moti Mahal is Vimal Singh, respondent No. 6. The other respondents in the petition are the State of Uttarakhand; District Magistrate, Dehradun; and Nagar Nigam, Dehradun. Notice was issued to the respondents. All of them were served with the notice. Respondent No. 5 entered appearance and contested the petition. Respondent No. 6, despite being served, did not enter appearance, nor contested the petition.

(2.) PETITIONER has annexed a positive print of a photograph of Pacific Mall to the petition; wherefrom, it appears that the building of the Mall stands completely constructed. No such photograph of Hotel Moti Mahal has been annexed to the petition. In paragraph 6 of the petition, it has been alleged that Pacific Mall is being constructed in contravention of the provisions of the U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as the "said Act"); in violation of the Government Orders issued by the State of Uttarakhand from time to time; and without obtaining permission of the official / statutory respondents to the petition. It has been alleged that respondent No. 2 had issued a notice pertaining to the said Mall for violation of the provisions of the said Act; but, still, construction of the Mall is continuing and the official / statutory respondents are not taking action against such construction. In paragraph 7 of the petition, it has been alleged that, originally, sanction was granted for a small building, but a multi -storeyed building is being constructed in excess of the area shown in the map and against the sanction. In paragraph 9 of the petition, it has been stated that construction is being made on about 4000 sq. ft. of land belonging to PWD / Nagar Nigam, Dehradun. It has been stated that the police has been approached by the respondent No. 2 for stopping illegal construction, but of no avail. In paragraph 10 of the petition, it has been stated that unauthorised construction is being made on Khasra Nos. 52, 55 & 61 of Village Jakhan, Rajpur Road, Dehradun. To the petition, a Show - Cause Notice dated 22nd December, 2011; Order directing stoppage of construction dated 22nd December, 2011; and a request made to the police for stoppage of construction dated 22nd December, 2011, all issued by respondent No. 2, were annexed. The said action was taken on the basis of a complaint dated 17th December, 2011 made by one Junior Engineer, The petition, however, was filed on 19th which, too, was annexed. August, 2013 after making oral complaints, as stated in paragraph 13 of the petition.

(3.) A counter affidavit has been filed by one Manish Kumar Jain on behalf of Pacific Development Corporation Ltd., where it has been stated that the said Company is responsible for construction of the said Mall. In that, it has been stated, amongst others, that the petitioner is neither a public spirited person, nor is espousing any public cause; but is a part of a gang of blackmailers and working in concert with Rahul Bhatia and Virendra Singh Panwar.