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2026 DAILYLAW 5925 (UTT)

MUNNA KUMAR v. MUSSOORIE DEHRADUN DEVELOPMENT AUTHORITY

WPMS/1535/2026 · 2026-05-26

Pankaj Purohit

body2026

Judgment text

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2026:UHC:4161 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No.1535 of 2026 Hon'ble Pankaj Purohit, J. Mr. Aditya Singh and Mr. Rishabh Rangar, learned Counsel for petitioner. 2. Mr. Rahul Consul, learned Counsel for respondent-MDDA. 3. From the pleadings of parties, it transpires that petitioner has raised construction beyond the sanctioned map which resulted in the proceedings issued by the respondent-MDDA against the petitioner by passing the order on 19.05.2026 for sealing the property in-question. Against the said order dated 19.05.2026, petitioner approached the Appellate Authority, Chairman/Commissioner, Garhwal Division under Section 28-A(4) of the Uttarakhand Urban and Country Planning & Development Act, 1973. The appeal was preferred on 21.05.2026. Along with the appeal, application for stay of order dated 19.05.2026 was also filed. 4. It is the grievance of petitioner that due to administrative reasons, the Chairman/ Commissioner, Garhwal Division is not sitting in the office, therefore, the application of stay is not being taken up. Present writ petition has been filed by petitioner under the apprehension that by 28.05.2026, his property would be sealed in compliance of order dated 19.05.2026. 5. Per contra, learned Counsel for respondent- 2026:UHC:4161 MDDA submits that the earlier Commissioner has been transferred and the new incumbent has joined in the office of Commissioner, Garhwal Division on 25.05.2026. 6. In such view of the matter, for the purpose of imparting justice between the parties, this Court is of the view that if a direction is issued to the Chairman/Commissioner, Garhwal Division to take up the application for stay moved in appeal within a stipulated period and decide the same, it would be conducive for the ends of justice. 7. Accordingly, writ petition is finally disposed of. The Chairman/Commissioner, Garhwal Division is directed to consider and decide the stay/interim relief application moved by petitioner in appeal preferred against the order dated 19.05.2026 within a period of seven days from today. Till 02.06.2026, no sealing proceedings would be conducted in respect of the property in question. It is also provided that no further construction would be carried out by petitioner in the property in question. 8. Pending application, if any, stands disposed of. 9. Let a copy of this order be supplied to learned Counsel for the parties, today itself, as per rules. (Pankaj Purohit, J.) 26.05.2026 R.Dang