SHYAM SUNDER v. DISTRICT LEVEL DEVELOPMENT AUTHORITY NAINITAL
WPMS/1500/2026 · 2026-05-21
Manoj Kumar Tiwari
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5335 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5335 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4016 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
W PMS/ 1 5 0 0 / 2 0 2 6 Hon’ble Manoj Kumar Tiwari, J. Mr. Ashish Joshi, Advocate with Mr. Pankaj Kumar Sharma, Advocate for the petitioner. Mr. Sandeep Kothari, Advocate for the appellant.
2. Petitioner is challenging order of demolition dated 20.11.2025, passed by Secretary, District Level Development Authority, Nainital in exercise of powers under Section 27 of Uttarakhand Urban and Country Planning and Development Act, 1973.
3. He has also challenged communication dated 19.05.2026, whereby Secretary of District Level Development Authority had requested the SHO, Police Station Bhimtal to provide police force for demolition of the structure raised by petitioner, on 22.05.2016.
4. Since petitioner has remedy of appeal against demolition order, therefore this Court is not inclined to entertain this writ petition. The writ petition is, accordingly, disposed of by permitting petitioner to approach the appellate forum.
5. If petitioner files appeal within one week from today, same shall be heard and decided on merits, ignoring the question of delay. It shall be
2026:UHC:4016 open to petitioner to seek interim relief from appellate forum.
6. For a period of 10 days, status quo as regards the construction raised by petitioner shall be maintained.
(Manoj Kumar Tiwari, J.) 21.05.2026 Mahinder/