SPA/439/2021
2021 Latest Caselaw 5357 UK

    IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL

                    SRI JUSTICE S.K. MISHRA, A.C.J.
                                AND
                     SRI JUSTICE N.S. DHANIK, J.

28TH DECEMBER, 2021

SPECIAL APPEAL No. 439 OF 2021

Between:

M/s Disha Hospitality Pvt. Ltd.

...Appellant and

Vice Chairman, Mussoorie Dehradun Development Authority and others.

...Respondents

Counsel for the appellant. : Mr. Arvind Vashistha, the learned Senior Counsel assisted by Mr. Vivek Pathak, the learned counsel.

Counsel for the respondent nos. 1 : Mr. Bhaskar, the learned counsel and 2. holding brief of Mr. Rahul Consul, the learned counsel.

Counsel for the respondent nos. 3 : Mr. Anil Kumar Bisht, the learned and 4. Additional Chief Standing Counsel for the State of Uttarakhand.

Counsel for the respondent nos. 5 : Mr. Abhijay Negi, the learned counsel. to 15.

Upon hearing the Learned Counsel, the Court made the following

JUDGMENT : (per Sri S.K. Mishra, A.C.J.)

In this Intra-Court appeal, the appellant-

respondent no. 5 has assailed the impugned order

passed by the learned Single Judge in Writ Petition (M/S) No. 1632 of 2021 dated 18.08.2021, whereby the

following directions have been given :-

"The petitioner submits that the respondent No.4, has already referred the matter for an appropriate decision, an action on 19.06.2021, in order to ensure to provide the fire fighting facilities, to the respondent Nos. 1 and 2, but the respondent Nos. 1 and 2 have not taken any action on the recommendation, which has been made by respondent No.4 on 19th June, 2021.

In that eventuality, looking to the wider interest of the residents of the colony, who have been allotted with their respective flates, and studio apartments, this Writ Petition would stand disposed of directing the respondent Nos. 1 and 2, to forthwith act upon the recommendation made by respondent No.4 on 19th June, 2021 and take all and an appropriate action and measures within a period of eight weeks by issuing necessary directions to the respondent No. 5, for installing the requisite fire fighting facilities, which is mandated under the Act of 2016."

2. It is submitted by the learned Senior Counsel

for the appellant-respondent no. 5 that the impugned

order was passed by the learned Single Judge on the

first date of listing, without issuing any notice to the

appellant-respondent no. 5, and the respondent nos. 1

and 2 were directed to take a decision in the matter.

However, the grievance of the appellant-respondent no.

5 will be redressed if he is given a reasonable

opportunity of hearing before any decision is taken on

the recommendations made by the respondent nos. 3

and 4.

3. In that view of the matter, this Special Appeal

is disposed of directing the respondent nos. 1 and 2 to

afford a reasonable opportunity of hearing to the

appellant-respondent no. 5 before taking any decision on

the recommendations of the respondent nos. 3 and 4.

The representation/objection of the appellant-

respondent no. 5 shall be considered and disposed of by

the respondent nos. 1 and 2 by passing a reasoned and

speaking order. The decision shall be taken as per the

order passed by the learned Single Judge, and as

modified by us, within two months hence.

4. The Special Appeal is, hereby, disposed of.

5. There shall be no order as to costs.

6. Urgent certified copy of this judgment be

granted to the parties on proper application.

________________ S.K. MISHRA, A.C.J.

_____________ N.S. DHANIK, J.

Dt: 28th December, 2021 Rahul