ANUYA RANA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner has preferred this writ petition with the following prayer:

(2.) By way of invoking a writ of mandamus the petitioner has invoked the writ jurisdiction under Article 226 of the Constitution of India for the purposes of an enforcement of the demolition order dtd. 23/5/2010 as passed by respondent no. 2, while exercising its power under Sec. 27 of the U.P. Urban Planning and Development Act, 1973, and had thereafter prayed for that to demolish the illegal and unauthorized construction raised by respondent no. 3 within fortnight.

(3.) The brief facts under which this writ petition has been preferred are that the development authority in view of the enforcement of a project by virtue of the Government Order dtd. 1/12/2011 it had provided for the widening of Chakrata road situated in Dehradun and for the rehabilitation of those persons who are affected, as well as, it contemplated for raising of the construction of the semi-demolished house to make it habitable. The State for the said purpose has issued the Government Order No. 2123/V-2011-01(vk0)/2011 dtd. 2/12/2011, which also provided for giving of the appropriate compensation to the affected persons. Under this Government Order the owner of the building whose building has been partially demolished was given liberty to get the map sanctioned for raising construction on the "remaining part of the building" as per the bylaws and it had also provided for the regularization, which was contemplated in the Government Order dtd. 8/12/2011. In the Government Order it provided that the front set back of any building would be permissible to be to a limit of 2 meters in place of 4.50 meters after the enforcement of the project enforced by the Government Order dtd. 2/12/2011 for widening of the Chakrata road. Some of the essential stipulations and conditions under the said project as directed by the Government Order were provided under clause 3 of the Government Order dtd. 2/12/2011, which is quoted hereunder: ...[VARNACULAR TEXT UMITTED]...