AKASH AGGARWAL v. MUSSOORIE DEHRADUN DEVELOPMENT AUTHORITY
WPMS/2614/2025 · 2025-09-04
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10997 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10997 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7885 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2614/2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Ayush Pokhriyal, learned counsel for the petitioner.
2. Mr. Rahul Consul, learned counsel for the respondent-MDDA.
3. Petitioner is aggrieved by two notices dated 27.08.2025 issued by the Competent Authority in MDDA. By the first notice, petitioner was asked to show cause as to why order of demolition be not passed against him for raising unauthorised construction without getting house plan sanctioned. By second notice, petitioner was called upon to stop construction work which allegedly was undertaken by him unauthorisedly.
4.
Learned counsel for the petitioner submits that MDDA is trying to demolish the construction raised by petitioner, without giving opportunity of hearing to petitioner.
5.
Learned counsel for MDDA, however, submits that the writ petition is premature, as petitioner himself has challenged the notices, whereby he was asked to give reply, but without responding to the notices, he has approached this Court. He further submits that demolition order, if passed, shall be after giving opportunity of hearing to petitioner.
6. This Court finds substance in the submission made by learned counsel for
2025:UHC:7885 MDDA. Since by the orders impugned, petitioner has been called upon to have his say in the matter, therefore, the writ petition is premature and the proper course would be to give reply to the notices.
7. Accordingly, the writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J)
04.09.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13 69512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F461 0C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.09.08 06:34:19 -07'00'