DOON INTERNATIONAL EDUCATION SOC Vs. STATE OF UP

JUDGEMENT

(1.) BOTH these petitions are directed against order dated 19.6.2002, passed by Government of Uttaranchal, whereby while upholding the rest of the constructions, top floor (second floor) of the building in question, has been directed to be demolished. For the sake of convenience, both these petitions are being disposed of by this common Judgment.

(2.) HEARD learned Counsel for the parties and perused the entire record.

(3.) THE building in which the school runs consists of two Blocks, namely Block -A and Block B. The total area of the plot is 5330.27 sq. mts. and there is sufficient open space left around the building. Respondents Madhur Gupta and D. P. Juyal, who had objections to the constructions being raised by the petitioners. filed Public Interest Litigation in the form of Writ Petition No. 931 (M/B) of 2001, Madhur Gupta v. State of Uttaranchal, before this Court. In said Public Interest Litigation, it was alleged that the constructions were being raised without sanctioned plan. The said Public Interest Litigation was disposed of by this Court vide its order dated 9.4.2002 (copy Annexure -11 to the writ petition), whereby it was directed that the grievances of the objectors would be looked into by the M.D.D.A. According to the petitioners, the population density in Dalanwala area of Dehradun, as per the master plan ranges 100 -150 persons per hectare and there are several schools like Welham Boys School, Welham Girls' School, Brooklyn School, Carman School. Silver Oak School, Colonel Brown School, Young World School, Riverdale School and Charmwood International School, running in Dalanwala area of Dehradun, where the petitioners also runs their school. Again, a fresh Public Interest Litigation in the form of Writ Petition No. 174 (M/B) of 2002, was filed before this Court against the constructions raised by the petitioners by Dinesh Anand and others. Said writ petition was disposed of by this Court vide its order dated 27.5.2002 (copy Annexure -13 to the writ petition) with the observations that the petitioners of said case (Dinesh Anand and others) may file appeal under the U.P. Urban Planning and Development Act, 1973. Petitioners Dinesh Anand and others of said case appear to have preferred an appeal before the State Government placing their grievances against the constructions raised by the present petitioners. The State Government, after hearing the parties, passed the impugned order dated 19.6.2002, whereby it directed that the top floor, i.e., second floor of the building in question, be demolished. However, the rest of the constructions were not disturbed. Aggrieved by said order, Writ Petition No. 379 (M/B) of 2002 is filed by the Doon International Educational Society, and the connected Writ Petition No. 417 (M/B) of 2002 was filed by Dinesh Anand and others. The petitioners of Writ Petition No. 379 (M/B) of 2002, have challenged the order of demolition passed by the State Government on following grounds - firstly, that the petitioners' constructions were authorized constructions; secondly, that the State Government had no authority to entertain the appeal beyond the period of limitation; thirdly, that the findings of the State Government in the impugned order are whimsical, arbitrary, perverse and hypothetical; fourthly, that the impugned order is against the principles of law laid down by the Apex Court, and lastly, it is alleged that the State Government has overlooked the height of the buildings of other schools and the petitioners are being deprived illegally of using their own property.