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2025 DAILYLAW 13951 (UTT)

HARMINDER SINGH v. MUSSOORIE DEHRADUN DEVELOPMENT AUTHORITY

WPMS/3063/2025 · 2025-11-25

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:10481 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3063/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Neeraj Garg, Advocate for the petitioner. Mr. Rahul Consul, Advocate for the respondent. 2. Petitioner has filed an Appeal before the Commissioner, Garhwal Division challenging order dated 16.10.2025, passed by Prescribed Authority, whereby petitioner was asked to demolish the non-compoundable portion of his house. The said appeal was filed by petitioner on 28.10.2025. 3. Since no interim order was passed on said appeal, therefore petitioner has approached this Court for protection. 4. Learned counsel appearing for MDDA submits that petitioner has not demolished the non-compoundable portion of his building as per his compounding map, therefore the competent authority in MDDA is not considering the compounding application submitted by petitioner. 5. Since petitioner is before the Appellate Authority, challenging the demolition order, therefore this Court thinks that ends of justice would be met if writ petition is disposed of with 2025:UHC:10481 direction to Appellate Authority to decide the appeal at an early date. 6. Accordingly, the writ petition is disposed of by directing the Appellate Authority/Commissioner, Garhwal Division to consider and decide the appeal filed by petitioner (Appeal No. 6 of 2025-26), as per law, within ten weeks from today. 7. Mr. Rahul Consul, learned counsel appearing for MDDA undertakes to communicate this order to the Appellate Authority within 24 hours. 8. For a period of ten weeks or till decision is taken on pending appeal filed by petitioner, whichever is earlier, construction raised by petitioner shall not be demolished. However, petitioner shall give an undertaking in writing before the Secretary, MDDA that he will not raise any further construction till the matter is finally decided by Appellate Authority. (Manoj Kumar Tiwari, J.) 25.11.2025 Mahinder/