ANUJ KANSAL Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) A startling revelation has been made as per the averments made in the petition that there was large scale carving out of commercial plots from the agricultural land / orchard land, including the illicit felling of trees, in violation of the U.P. Protection of Trees in Rural and Hill Areas Act, 1976, in the area falling under the "Doon Special Area Development Authority", particularly, near Herbertpur, Vikas Nagar and in close proximity of Dehradun town. Petitioner has prayed for taking action against the person who are responsible for committing illegalities by constituting special team. Unauthorized construction has been permitted by the respondent no. 4. The respondent no. 4 has been constituted under the U.P. Special Area Development Authorities Act, 1986. The purpose of constituting the Special Area Development Authority is to regulate the construction activities in accordance with law. It has come on record that various unscrupulous persons have raised unauthorized construction without getting their building plans approved.

(2.) We have gone through the contents of the counter filed by respondent no. 4. The matter has not proceeded beyond issuance of the notices.

(3.) Learned Senior Counsel appearing on behalf of respondent no. 4 submitted that the demolition orders could not be issued since the persons have obtained injunction orders from the civil court. He also submitted at the Bar that civil court has the jurisdiction in the matters. We are aghast at the submission made by learned Senior Advocate. The person intending to raise construction has to move an application before the Special Area Development Authority. The application is to be processed in accordance with the provisions of the Act.