NARESH KUMAR Vs. SANCHITA DOGRA

JUDGEMENT

(1.) This application is filed seeking leave to prefer an appeal against the order passed by the learned Single Judge in Writ Petition (M/S) No. 1143 of 2019 dtd. 30/4/2019.

(2.) The applicant herein had earlier filed Writ Petition (PIL) No.221 of 2018 and a Division Bench of this Court, in its order dtd. 2/1/2019, had recorded the submission of Mr. Rahul Consul, learned Standing Counsel for the MDDA, that there were 70 errant establishments running hostels in Dehradun and Mussoorie illegally without obtaining permission for conversion of agricultural lands for non-agricultural purposes, and in violation of the norms stipulated by the MDDA. With regards 27 matters pending before the authorities [26 before the Secretary, MDDA (the original authority) and 1 before the Commissioner (Garhwal Division) (the appellate authority), the Division Bench directed them to pass necessary orders, in accordance with law, within four weeks from the date of receipt of a copy of the order, and thereafter to take action against the errant establishments.

(3.) The Division Bench had also noted that, while the MDDA had claimed that 43 hostels had already been closed, Mr. Pankaj Miglani, learned counsel for the petitioner therein, had disputed this assertion, and had contended that the hostels were being surreptitiously operated even as on date. The Division Bench had, thereafter, directed the Secretary, MDDA to cause a physical inspection of each of these 43 hostels, which he claimed had been closed, and satisfy himself whether or not these hostels were still operating; and, if they were, to then take action against them in accordance with law within two months from the date of receipt of a copy of the order.