Uttarakhand High Court
WPMS/297/2022 on 21 February, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 21ST DAY OF FEBRUARY, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (M/S) No. 297 of 2022
BETWEEN:
Palm City Residents Welfare Association ....Petitioner
(By Mr. Siddhartha Singh, Advocate)
AND:
Ganga Realter Private
Limited & others. ...Respondents
(By Mr. Rahul Consul, Advocate for respondent no. 4)
JUDGMENT
According to the petitioner, members of the
petitioner's association purchased residential plots in a
township, which was developed by respondent no. 1
and they have constructed their residential houses
thereupon.
2. This writ petition has been filed by the
petitioner, seeking following relief:
"(i) Issue orders, directions, writ in nature of
certiorari quashing the part of the order dated
02.02.2022 (Annexure No. 1) passed by Joint
Chief Administrator, Uttarakhand Avas Avam
Nagar Vikas Tribunal in revision No. 626 of 2022
Secretary Palm City Vs. R.N. Gupta and others,
whereby interim relief application has not been
considered, ex-parte and further to allow the
interim relief application."
3. It is contended on behalf of the petitioner
that respondent nos. 2 & 3 purchased some plots in the
said township and raised a multi-storied building
thereupon by joining the plots. It is further contended
on behalf of the petitioner that Mussoorie-Dehradun
Development Authority passed a sealing order against
respondent nos. 2 & 3, but, subsequently, on their
application, the matter was compounded by respondent
no. 4. It is contended by learned counsel for the
petitioner that matter could not have been
compounded, as respondent nos. 2 & 3 are proposing
to construct parking after purchasing the area, which
was earmarked for housing persons belonging to
Economically Weaker Section, which is impermissible.
4. Petitioner has challenged the compounding
order by filing revision petition before Uttarakhand
Housing and Urban Development Authority, Dehradun
and 25.02.2022 is the next date fixed in the matter.
Since petitioner's interim relief application was not
considered by the Revisional Authority on the earlier
date, therefore, petitioner has approached this Court.
5. Learned counsel for the petitioner confines
his prayer and submits that Uttarakhand Housing and
Urban Development Authority may be directed to
consider petitioner's interim relief application on the
next date fixed.
6. Mr. Rahul Consul, learned counsel for
respondent no. 4 does not seriously oppose the prayer
so made on behalf of the petitioner.
7. In such view of the matter, the writ petition
is disposed of with a direction to Uttarakhand Housing
and Urban Development Authority, Dehradun to
consider the interim relief application filed by the
petitioner and pass appropriate order, one way or the
other, on the next date fixed in the matter.
8. Let a certified copy of this order be issued
within 24 hours.
(MANOJ KUMAR TIWARI, J.)
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