2025:UHC:8149-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY WRIT PETITION (PIL) NO. 175 OF 2025 12TH SEPTEMBER, 2025 Chetan Jindal …… Petitioner Versus State of Uttarakhand & others …… Respondents Counsel for the petitioner : Mr. Yogesh Pant, learned counsel Counsel for the respondents : Mr. Gajendra Tripathi and Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State The Court made the following: JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar) The grievance of the petitioner is twofold that there is mushrooming of private housing colonies and the private developers are developing the colonies without proper sanction and the developers do not provide proper infrastructure facilities like paved roads, drainage, sewer 1 2025:UHC:8149-DB lines, drinking water, electricity etc. The other relief sought for by the petitioner is that there is indiscriminate conversion of agricultural land for non-agricultural purposes, primarily development of housing colonies. That this Court in Writ Petition (PIL) No. 119 of 2013, titled as ‘Anuj Kansal Vs State of Uttarakhand and others’, had issued certain directions and those directions have not been complied with. 2) It is not in doubt that the Real Estate (Regulation of Development) Act has been enacted specifically for the aforesaid purpose. 3) Reading of Section 2(s) of the Real Estate (Regulation and Development) Act, 2016 would suffice that the word “development” is defined as under: “2(s).“development” with its grammatical variations and cognate expressions, means carrying out the development of immovable property, engineering or other operations in, on, over or under the land or the making of any material change in any immovable property or land and includes re- development;” 4) A bare reading would suffice to draw an inference that any development over, in, on or under the land will be a subject matter that comes within the sweep of the RERA authorities. 2 2025:UHC:8149-DB 5) In that view of the matter, the petition is disposed of by reserving liberty to the petitioner to approach the competent authority. 6) Writ petition stands ordered accordingly. 7) Pending application, if any, also stands disposed of. ________________ G. NARENDAR, C.J. _________________ SUBHASH UPADHYAY, J. Dt: 12TH SEPTEMBER, 2025 Negi 3 HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aaf 116e73351fdaf6878326386908a7f90d5757 , postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC5 1A722A6BC552D470EB4FD2F88DDF7C18 DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.09.17 11:17:58 +05'30'