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2026 DAILYLAW 7431 (UTT)

SUNIL CHAUHAN v. HARIDWAR ROORKEE DEVELOPMENT AUTHORITY

WPMS/1609/2026 · 2026-06-30

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

UKHC010092042026 2026:UHC:5171 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1609/2026 Sunil Chauhan --Petitioner Versus Haridwar Roorkee Development Authority and others --Respondents Hon’ble Manoj Kumar Tiwari, J. Mr. Rajesh Singh Rathor, Advocate for the petitioner. 2. Mr. Sandeep Kothari, Advocate for respondent nos. 1 & 2. 3. According to petitioner, a demolition order was passed against respondent no. 3 by Secretary, Haridwar-Roorkee Development Authority in exercise of power under Section 27 of Uttarakhand Urban and Country Planning and Development Act, 1973, on 23.06.2025, however, the demolition has not been carried out so far. 4. By means of this writ petition, petitioner has sought the following reliefs:- “i) Issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities, particularly Respondents, to forthwith implement and execute the demolition order dated 23.06.2025 (Annexure No-5) Page No. 18-19 passed in Case No. UCMS/HRDA/0225/2025. ii) Issue a writ, order or direction directing the respondent authorities to remove all encroachments made upon the public pathway and restore the original width of the public lane in accordance with law.” UKHC010092042026 2026:UHC:5171 5. Learned counsel for the Development Authority was asked to get clear instruction as to whether any appeal is filed against the demolition order and the date of filing such appeal was also required to be indicated. Today, on instructions, learned counsel for the Development Authority submits that respondent no. 3 has filed an appeal on 21.05.2026, which is numbered as Appeal No. 12/2025-26 and is pending before Commissioner, Garhwal Division. He submits that even though no interim order has been passed in that appeal, however, proprietary demands that till decision in the appeal, the structure raised by respondent no. 3 should not be dispossessed. He further submits that the next date fixed in the said appeal is 02.07.2026. 6. Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to the Appellate Authority/Commissioner, Garhwal Division to consider and decide the Appeal No. 12/2025-26, within four months from the date of presentation of certified copy of this order. The Development Authority shall thereafter do the needful, in terms of the order passed by the Appellate Authority. (Manoj Kumar Tiwari, J.) 30.06.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a13 1bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D 653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.07.01 10:45:36 +05'30'