2025:UHC:7568 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2432/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. R.C. Tamta, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Sandeep Kothari, learned counsel for respondent nos. 2 & 3. 4. By means of this writ petition, petitioner has sought the following reliefs:- (i) To, issue a writ, order or direction, in the nature of certiorari calling for the records and quash order dated 06.06.2022, passed by the respondent no. 3 (Annexure No. 12 to this writ petition) i.e. District Development Authority, Nainital Through Secretary having its Office at Tallital Nainital, as well as to quash the order dated 11.12.2024 (Annexure No. 13 to this writ petition) passed by respondent no. 2 in the appeal no. 153/21-22(3/33-24) preferred by the petitioner as well as the order dated 31.05.2025 (Annexure No. 14 to this writ petition) passed by respondent no. 1 in the revision no. 0005/NDDA/2025-26 case no. 0028/2022 dated 03.07.2025 (Annexure No. 15 to this writ petition) whereby the petitioner has been directed to demolish the unauthorized challaned construction within 15 days. (ii) To, issue a writ, order or direction, in the nature of mandamus commanding and directing the respondents authorities to direct the respondent authorities to not disturb the construction place which is as per the sanctioned map. 5. Learned counsel for the petitioner submits that ground floor and first floor of the residential house, constructed by petitioner, are duly sanctioned by District Development Authority, Nainital, however, dispute is regarding the second floor of the building, as the height 2025:UHC:7568 thereof has gone beyond permissible limits. 6. Learned counsel for the petitioner submits that construction raised by petitioner is compoundable as per the Building Byelaws, therefore, petitioner be permitted to make application for compounding to the Competent Authority. 7. Mr. Sandeep Kothari, learned counsel for the Development Authority submits that if petitioner makes compounding application, within two weeks from today, the same shall be dealt with and appropriate order shall be passed within eight weeks from the date of its receipt. 8. The writ petition is disposed of by taking the statement made by Mr. Sandeep Kothari, learned counsel for Development Authority, on record. 9. For a period ten weeks or till disposal of petitioner’s application, whichever is earlier, status quo qua construction raised by petitioner shall be maintained. (Manoj Kumar Tiwari, J) 26.08.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08 d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4 610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.26 05:20:25 -07'00' 2025:UHC:7568