SHRI DEV BHOOMI INSTITUTE OF EDUCATION SCIENCE & TECHNOLOGY, DEHRADUN Vs. MUSSOORIE DEHRADUN DEVELOPMENT AUTHORITY & OTHERS

JUDGEMENT

(1.) By means of present writ petition, the petitioner institution seeks writ in the nature of certiorari quashing the impugned orders dated 01.01.2014 and 28.10.2015, issued by the respondents (enclosed as Annexure nos. 7 and 9 to the writ petition). A further writ in the nature of mandamus has also been sought commanding the respondents to reconsider the compounding application dated 07.01.2014 in the light of the order dated 21.11.2013, passed by this Court in W.P. no. 2658 of 2013.

(2.) In earlier round of litigation between the same parties, a co -ordinate Bench of this Court passed an order dated 21.11.2013, in Writ Petition no. 2685 (M/S) of 2013, as below:

(3.) Compounding application of the petitioner institution was already pending and after the order of this Court, compounding application was allowed in respect of unauthorized construction, which was sought to be compounded. An endorsement was made on behalf of M.D.D.A. on 01.01.2014 that the petitioner institution will have to demolish that part of unauthorized construction, which was non - compoundable, within a month. An endorsement was also made to this effect that the petitioner institution will have to abide by the conditions, which it has undertaken in its affidavits. Compounding fee was, accordingly, paid by the petitioner institution.