KHUSHAL SINGH BHANDARI Vs. ADDITIONAL SECRETARY, AWAS DEPARTMENT

JUDGEMENT

(1.) BY means of this writ petition, the Petitioner has sought writ in the nature of certiorari quashing the order dated 27.12.2002 (copy annexure 1 to the writ petition), passed by Secretary, Mussorie Dehradun Development Authority (Respondent No. 3), order dated 24.10.2003 (copy annexure 3 to the writ petition), passed by Commissioner & Chairman, Mussorie Dehradun Development Authority and order dated 07.10.2004 (copy annexure 5 to the writ petition), passed by Government of Uttarakhand.

(2.) HEARD learned Counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit filed on their behalf.

(3.) IN the counter affidavit filed on behalf of Respondents, it is stated that the constructions were raised by the Petitioner without getting sanctioned the plan from MDDA. Since the constructions were unauthorized, the Petitioner was rightly given a show cause notice. It is further stated in the counter affidavit that the Petitioner was given opportunity of hearing. It is also stated that the Petitioner is not the owner of the land on which the disputed constructions are raised and as such the Respondents were well within their rights to refuse the compounding of the constructions raised by him (Petitioner).