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2025 DAILYLAW 15346 (UTT)

BALWANT CHANDRA v. STATE OF UTTARAKHAND

WPMS/3090/2025 · 2025-11-11

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:9934 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3090/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Akash Sanyal, Advocate, holding brief of Mr. Aditya Singh, Advocate for the petitioner. 2. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand/respondent nos. 1 & 5. 3. Mr. Rahul Consul, Advocate, for the respondent no. 3. 4. Ms. Priyanka Agrawal, Advocate, holding brief of Ms. Abhilasha Tomar, Advocate for the respondent no. 6. 5. Petitioner has sought the following reliefs in this writ petition:- “1. Issue a writ, order, or direction in the nature of Mandamus commanding Respondent No. 2, 3 and 5, to take immediate steps to seal the premises of Respondent No. 4 situated at Engineers Enclave, Jakhan, Rajpur Road, Dehradun, where unauthorized construction is being carried out, and to ensure stoppage of such construction activities forthwith. 2. Issue a writ, order, or direction in the nature of Mandamus commanding Respondent No. 2 and 3 to demolish the illegally constructed building. 3. Direct the Respondent No. 6 to disconnect the electricity connection of the premises of the respondent no. 4 and ensure that electricity is not provided for carrying on any construction activity without the leave of the Hon'ble Court.” 2025:UHC:9934 6. According to the petitioner, respondent no. 4 purchased a residential house and after demolishing the same, he has now started raising a four storied house, in which he proposes to construct apartments and sell them off to the buyers. This according to the petitioner, is being done by respondent no. 4, without necessary permission from the Mussoorie- Dehradun Development Authority. 7. Mr. Rahul Consul, learned counsel appearing for the Authority refers to the document enclosed as Annexure-3 to the writ petition, which is an intimation to the Station House Officer of the concerned Police Station to stop the construction work. 8. Mr. Rahul Consul, learned counsel submits that necessary steps, as per provisions of Uttarakhand Urban and Country Planning and Development Act, 1973, shall be taken to ensure that no illegal construction is raised by anyone. 9. The writ petition is, accordingly, disposed of by taking the statement made by Mr. Rahul Consul, on record. (Manoj Kumar Tiwari, J.) 11.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df0 06da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875 643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.12 09:52:51 +05'30'