MOHAMMAD USMAN Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) It is the case of the petitioner that in the year 1990, petitioner purchased 94.87 sq. mtr. land of Khasra No. 496 of Dharampur, Dehradun (property no. 183/1) by way of registered sale-deed dated 20.11.1990 from Dr. Indu Chhabra w/o K.N. Chhabra resident of 93 Dharampur, Nehru Colony, Dehradun.

(2.) It is the contention of the learned counsel for the petitioner that, in fact, the tin sheds were constructed 30 years back and the only thing which was done by the petitioner is that he laid slab over those tin sheds and installed the shutters in the shops. For this purpose, notice was given to him and the order dated 20/21.07.2011 has been passed for sealing the property in dispute under Section 28-A of the Act. Learned counsel for the petitioner contended that this could not have been done in respect of old structure.

(3.) On the other hand, Mr. Rahul Consul, learned counsel appearing for respondent no. 4 would submit that, in fact, the petitioner violated the provisions of the Act and, therefore, the notice was given to the petitioner. He submitted that the petitioner could not furnish the sanctioned map of the property in question and, therefore, the impugned order has been passed for sealing the property in question.