2026:UHC:4579 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1725/2026 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Salman Khurshid, learned Senior Counsel assisted by Mr. Shankar Aggarwal, learned counsel for the petitioner. 2. Mr. Yogesh Pandey, learned Deputy Advocate General for the State of Uttarakhand. 3. Mr. Rahul Consul, learned counsel for the respondent-MDDA. 4. Petitioner has challenged order dated 14.05.2026 passed by Presiding Officer, Mussoorie Dehradun Development Authority (MDDA) in exercise of power under Section 28A of The Uttarakhand Urban and Country Planning & Development Act, 1973. By the said order, the construction raised by petitioner was directed to be sealed. 5. Mr. Rahul Consul, learned counsel appearing for MDDA submits that petitioner had applied for compounding of the unauthorised construction raised by him, however, petitioner had not furnished the documents in support of his claim of title over the land in question; he further points out that petitioner had not furnished certificate of registration of Waqf with Uttarakhand Waqf Board. He submits that the deficiencies found in the compounding application were communicated to petitioner in the web-portal of MDDA, however, petitioner failed to remove those deficiencies, therefore, there was no other option with MDDA but to reject the compounding application. He refers to order dated 25.04.2026, which is annexure 7 to the writ petition, whereby compounding application moved by the petitioner was 2026:UHC:4579 rejected. 6. Mr. Rahul Consul, learned counsel for MDDA, however, submits that if petitioner applies afresh for compounding of the unauthorised construction and also furnishes all necessary documents and removes the defects which were earlier pointed out by MDDA, then petitioner’s compounding application shall be considered afresh, as per law. 7. Mr. Salman Khurshid, learned Senior Counsel appearing for the petitioner submits that petitioner has no objection in making fresh application for compounding. He submits that petitioner will submit all necessary documents as are needed by MDDA for processing the compounding application. 8. The writ petition is, accordingly, disposed of by directing the Competent Authority in MDDA to inform petitioner, in writing, about the documents needed for processing the compounding application, within one week from today. MDDA shall also communicate the objection, which were raised earlier in respect of the compounding application. Petitioner shall thereafter furnish all documents, as indicated by MDDA before the Competent Authority. The Competent Authority in MDDA shall thereafter consider fresh compounding application to be filed by petitioner and take decision, as per law, within three months from the date of making such application. It is made clear that it shall be open to petitioner to move to the State Government for change of land use by making appropriate application. (Manoj Kumar Tiwari, J) 09.06.2026 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1 369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F46 10C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.06.10 04:37:39 -07'00' 2026:UHC:4579