CHARANJEET KAUR Vs. MUSSOORIE DEHRADUN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers : -

(2.) Heard Mr. Hari Mohan Bhatia, learned counsel for the petitioners, Mr. Rahul Consul, learned counsel for the respondent nos. 1 and 2 and Mr. Suyash Pant, learned Standing Counsel for the respondent no.3.

(3.) Mr. H.M. Bhatia, Advocate, contended that the petitioners are the owners of the property-in-question bearing Municipal Number 66/ 139/ 55/ 1 (Old No.45/ 43), situated at Moti Bazar, Dehradun. The map of the said property was sanctioned by the respondent no.1. The petitioners are using the said premises as per the sanctioned map and they are doing their business in the said property. An application was moved by one Smt. Archana Gambhir before the Commissioner, Garhwal Division. The Commissioner sent the matter to the respondent no.1 directing to resolve the matter and re-check the sanctioned map. The petitioners appeared before the respondent authority and submitted that they have already filed a com pounding map. The respondent no.2, without considering the com pounding map issued an order dtd. 18/1/2025, by which the petitioners were directed to remove the uncompoundable area within 15 days. The respondent no.2, vide letter dtd. 5/2/2025, requested the Senior Superintendent of Police, Dehradun, to facilitate the demolition of the property of the petitioners. The respondent no.2 rejected the com pounding map of the petitioners on 25/2/2025. The petitioners approached the appellate forum and filed the appeal against the order dtd. 18/1/2025 and 5/2/2025 and 25/2/2025. The said appeal is still pending, but the respondent no.2 in pursuance to the orders dtd. 18/1/2025 and 25/2/2025 issued the demolition order against the petitioners on 17/3/2025 and fixed the date of demolition on 21/3/2025.