WPMS/2662/2021
2021 Latest Caselaw 5092 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
       ON THE 13TH DAY OF DECEMBER, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


        Writ Petition (M/S) No. 2662 of 2021


BETWEEN:

Smt. Rizwana                                ...Petitioner
       (By Mr. D.C. Joshi, Advocate)


AND:

State of Uttarakhand & another              ...Respondents

       (By Mr. T.S. Phartiyal, Additional C.S.C.)

                          JUDGMENT

1. Petitioner is aggrieved by order dated 25.10.2021 passed by Joint Secretary, District Level Development Authority Haldwani, under Section 28(1) of Uttarakhand Urban and Country Planning Development Act. By the said order, petitioner has been directed to stop ongoing work of house construction.

2. It is contended on behalf of the petitioner that petitioner started work of construction after obtaining necessary permission from the Competent Authority. Thus, according to him, the allegation made in the impugned order that, petitioner is raising construction without due permission of the Competent Authority, is unfounded.

3. Learned counsel for the petitioner has pointed out that petitioner has already submitted a representation, in response to the impugned order, to the Competent Authority in District Level Development Authority Haldwani. Thus, he submits that the Competent Authority be directed to take decision on petitioner's representation expeditiously.

4. Since petitioner's representation against impugned order is pending, therefore, the writ petition is disposed of with a direction to the Competent Authority in District Level Development Authority Haldwani to take decision on petitioner's representation as early as possible, but not later than two weeks from the date of production of certified copy of this order. Till decision on petitioner's representation, status quo qua house in question shall be maintained.

5. Let certified copy of this order be supplied to the petitioner within 24 hours.

(MANOJ KUMAR TIWARI, J.) Aswal