SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS No.1416 of 2026 Hon’ble Manoj Kumar Tiwari, J. Mr. T.A. Khan, learned senior counsel assisted by Ms. Sheeba Ahmed, learned counsel holding brief of Mr. Mohd. Shafy, learned counsel for petitioner. 2. Mr. N.S. Pundir, learned D.A.G. for the State of Uttarakhand/respondent Nos.1 to 5. 3. Mr. Sandeep Kothari, learned counsel for respondent Nos.6 and 7-DLDA, Nainital. 4. Petitioner is aggrieved by sealing order passed by District Level Development Authority (DLDA), Nainital, on 30.04.2026. 5. Petitioner contends that village Ladwachaur, Dhikuli, Tehsil Ramnagar, District Nainital, was earlier not notified under the Uttarakhand Urban and Country Planning and Development Act, 1973, and it was notified only on 04.08.2025. 6. It is further contended that petitioner had got sanction of the house plan from Zila Panchayat, Nainital, on 25.04.2025 and she is raising construction as per the house plan sanctioned by Zila Panchayat, therefore, the DLDA has no business to pass the sealing order. 7. Per contra, learned counsel appearing for DLDA submits that petitioner is raising construction contrary to the house plan sanctioned by Zila Panchayat and she is also trying to encroach upon naala adjoining the plot where petitioner is raising construction. 8. Learned senior counsel for petitioner submits that house is being constructed strictly as per sanction granted by Zila Panchayat. He further submits that petitioner is ready to give an undertaking that petitioner will raise all construction as per specifications mentioned in the house plan sanctioned by Zila Panchayat and 2026:UHC:3914 2 in case of any construction is made beyond the permissible limits, then such construction shall be liable to be demolished. 9. Learned senior counsel for petitioner further submits that sealing order was passed without any notice to the petitioner and the officers of local administration, Ramnagar Sub-division, not only manhandled the construction workers of the petitioner but they also beaten them up. 10. Having regard to the facts and circumstances of the case, since petitioner is having a valid sanction from Zila Panchayat, Nainital, therefore, construction raised by her cannot be termed as illegal or unauthorized. 11. In such view of the matter, impugned sealing order dated 30.04.2026 is liable to be set aside and is accordingly set aside. However, petitioner shall not raise any construction before submitting undertaking in the form of affidavit before Joint Secretary, DLDA, Haldwani, District Nainital, stating that she shall raise construction strictly as per the specifications mentioned in the letter of sanction issued by the Zila Panchayat, Nainital, in her favour and any deviation from the sanctioned house plan, may entail demolition of the construction so raised. 12. Accordingly, the writ petition is allowed. 13. Pending application stands disposed of. (Manoj Kumar Tiwari, J.) 20.05.2026 PN