RAJ RANI BAJAJ Vs. DISTRICT LEVEL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The hotel of the petitioner was sealed on 2/5/2024 by the respondent no.1/District Level Development Authority, Nainital ("the authority"). The petitioner seeks quashing of the Sealing Memo dtd. 2/5/2024; directions to the respondents to de-seal the property and permit to carry out the repair works pursuant to the permission granted on 30/3/2024 by the authority.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The petitioner runs a hotel in Nainital. She wanted to undertake certain repair works, for which, she applied to the authority and on 30/3/2024, she was granted permission to repair the building including white-washing, flooring tiles, change of doors and windows, etc. The petitioner was carrying out the works when, according to the petitioner, under the oral directions of the respondent no.2/Commissioner, Kumaon Mandal, Nainital ("the Commissioner") the building was sealed on 2/5/2024. Subsequently, a recommendation for proceedings under Ss. 27(1) and 28(2) of the Uttarakhand Urban and Country Planning and Development Act, 1973 ("the Act") was submitted. On 04. 05.2024, the authority issued a notice under Sec. 28(1) of the Act to the petitioner to stop the repair works and he was served with a Notice under Sec. 27(1) of the Act on 4/5/2024, which was replied by the petitioner. But, no action was taken, therefore, the instant petition.