BIKRAM SINGH PUNDIR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) It is settled law that a person who invokes the writ jurisdiction either under Article 226 or 227 of the Constitution of India, has had to approach the Court with clean hands. In the present case the grievance, which has been raised by the petitioner in the present writ petition, is to the effect that as a consequence of passing of the impugned agenda no. 1, which is based upon the Government Order dtd. 20/4/1998, which in its paragraph no. 1 provides that the committee can allot a land on the basis of the existing rate of land after getting an appropriate approval from the competent authority. Later on, a supplementary agenda was also passed by the Board of the Development Authority, which reads as under: ...[VARNACULAR TEXT UMITTED]...

(2.) It was based on the implications and the directions provided by the Government Order dtd. 20/4/1998, whereby, the MDDA has rather only recommended to the State Government to take a decision with regards to the conversion of the user of residential area into a commercial use and also with regards to the sale/allotment of the property as provided in the principal Agenda No. 94 as passed by the MDDA on 28/8/2018.

(3.) The grievance of the petitioner is that the said agenda was nothing but a deliberate and intentional act of the respondents to override the effect of the judgment, which was rendered by this Court in the writ petition preferred by the petitioner earlier against the order dtd. 7/3/2017, passed by the respondents, by virtue of which the permission which was granted by the Chairman of the MDDA for getting the construction compounded and for the said purpose he was given the liberty to submit a compounding map.