2025:UHC:11405 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS WPMS No. 2101 of 2025 With WPMS No. 2103 of 2025 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. None present for the petitioners. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. Petitioners have challenged notice dated 20/ 21.05.2025 in these writ petitions. The notices were issued under Section 27(1) of The Uttarakhand Urban and Country Planning & Development Act, 1973, which reads as under: - “2 7 . Or d er of d em olit ion of b u ildin g .- (1) Where any development has been comm enced or is being carried on or has been completed in contravention of the Master Plan or without the permission approval or sanction referred to in Section 14 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, in relation to the development area, then, without prejudice to the provisions of Section 26, the [ Vice Ch air m an of t h e con cer n ed Local Dev elopm en t Au t h or it y / Per son ( s) or Off icer ( s) desig n at ed t o p er for m t h e f u n ct ion s u n der t h is Act , of t h e Ur b an Local Bodies an d Villag e Pan ch ay at s declar ed as Local Dev elopm en t Au t h or it y / Local Au t h or it y u n der t h is Act ] or any officer of the Authority empowered by him in that behalf may make an order directing that such developm ent shall be rem oved by demolition, filling or otherwise by the owner thereof or by the person at whose instance the development has been comm enced or is being carried out or has been completed, within such period not being less than fifteen days and more than forty days from the date on which a copy of the order of rem oval, with a brief statem ent of the reasons therefore, has been delivered to the owner or that person as may be specified in the order and on his failure to com ply with the order, the [ Vice Ch air m an of t h e con cer n ed Local Dev elopm en t Au t h or it y / Per son ( s) or Officer ( s) design at ed t o p er for m t h e f u n ct ion s u n der t h is Act , of t h e Ur b an Local Bod ies an d Village Pan ch ay at s declar ed as Local Dev elopm en t Au t h or it y / Local Au t h or it y u n der t h is Act ] or such officer may rem ove or cause to be rem oved the development, and the expenses of such 2025:UHC:11405 rem oval as certified by the [ Vice Ch air m an of t h e con cer n ed Local Dev elopm en t Au t h or it y / Per son ( s) or Off icer ( s) desig n at ed t o p er for m t h e f u n ct ion s u n der t h is Act , of t h e Ur b an Local Bodies an d Villag e Pan ch ay at s declar ed as Local Dev elopm en t Au t h or it y / Local Au t h or it y u n der t h is Act ] or such officer shall be recoverable from the owner of the person at whose instance the development was comm enced or was being carried out or completed as arrears of land revenue and no suit shall lie in the Civil Court for recovery of such expenses: Provided that no such order shall be made unless the owner or the person concerned has been given a reasonable opportunity to show cause why the order should not be made.” 4. Since petitioners have a right to have their say before the concerned Authority, therefore, learned State Counsel is right in submitting that the writ petitions are premature. 5. The writ petitions are, accordingly, disposed of with liberty to petitioners to respond to the notice(s), if already not responded, within ten days from today. The Competent Authority shall pass necessary order, as per law, within two weeks of receipt of reply submitted by petitioners. ( Man oj Ku m ar Tiw ar i, J) 19.12.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3 a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22D ACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.19 04:43:14 -08'00' 2025:UHC:11405