HIMASHU BISHT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner has filed the present writ petition challenging the orders dtd. 7/8/2024, 18/6/2025, and 2/1/2026 passed by respondent Nos.4, 3 and 2 respectively (Annexure Nos.1, 2 and 3 to the writ petition) and further for a direction to respondents to consider the compounding application (file No.NDA/CR/0121025-26) dtd. 24/2/2026 for seeking post facto layout sanction/ compounding of the construction in question.

(2.) The facts of the case in brief are that petitioner has raised a construction in his 60 years old parental house on the top of it without seeking any permission from respondent No.4, which resulted into initiation of the proceedings against petitioner under the provisions of Sec. 27(1) and 28(1) of the Uttarakhand Urban and Country Planning and Development Act, 1973, (hereinafter referred to as 'the Act'). Respondent No.4 passed demolition order dtd. 7/8/2024 of the illegal and unauthorized construction made by petitioner.

(3.) It is feeling aggrieved against that order, petitioner preferred an Appeal under Sec. 28(4) of the Act to the learned Commissioner, Kumaon Division, Nainital, which was registered as Appeal No.88/23-24 Himanshu Bisht Vs. Secretary, District Level Development Authority. The said Appeal was dismissed on 18/6/2025. The revision has also been preferred by petitioner before the designated authority i.e. Joint Chief Administrator, Uttarakhand Housing and Urban Development Authority, Dehradun, which was registered as Revision No.0034 of 2025 Himanshu Bisht Vs. Secretary, District Level Development Authority and Anr. The said revision also got dismissed on 2/1/2026. It is aggrieved by the aforesaid orders, petitioner is before this Court.