BALVINDER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In a proceeding held under Sec. 27 of the U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as "Act") as against the petitioner, the Secretary to the Mussoorie Dehradun Development Authority (MDDA) had passed an order whereby it was directed to demolish the property belonging to the petitioner which was constructed without sanctioning of the map unauthorisedly, which was challenged in pursuance of the notice issued against him under the Act. The said demolition order it is an admitted position that the same has attained finality in a revision which has been preferred by the petitioner by an order dtd. 17/7/2018.

(2.) Despite of the construction being declared as unauthorized construction, the demolition proceeding was not being carried. The petitioner had challenged the order passed by the Secretary, MDDA, as well as the Revisional Authority in the present writ petition. The coordinate Bench of this Court had by way of an interim order dtd. 3/1/2019 had stayed the effect and operation of the order, subsequent thereto the writ petition was taken up before the Court on 25/2/2019 and the following order was passed:-

(3.) The grievance of the private respondent was that though despite of there being a sealing order dtd. 25/11/2016, but still the petitioner had proceeded to open the seal and utilize the property for the commercial activities. The matter remain pending till and was taken up on 19/3/2019 and after considering the rival contentions in detail, this Court has passed an order on 19/3/2019 directing the Senior Superintendent of Police, Dehradun to provide police force to the MDDA so as to enable them to comply with the order passed by the Revisional Court, as well as the order passed by the Secretary, MDDA, declaring the portion of the construction of the petitioner as unauthorized.