Hon'Ble Alok Kumar Verma vs M.D.D.A. Through Vice Chairman ...
2023 Latest Caselaw 695 UK

                      Office Notes,
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         Date                                      COURT'S OR JUDGES'S ORDERS
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      18.03.2023                        WPMS No.2206 of 2021
                                        Hon'ble Alok Kumar Verma, J.

Respondent Nos. 1 and 2 herein had filed a Miscellaneous Case (No.66 of 2020 "Shri Ramesh Chand and Another vs. M.D.D.A. through Vice Chairman and Others") under Section 26B of the Uttar Pradesh Urban Planning and Development Act, 1973 (as applicable in the State of Uttarakhand) stating that the opposite parties had removed their constructions illegally. The said Miscellaneous Case has been allowed by the impugned judgment dated 16.09.2021. While allowing the said case, learned IInd Additional District Judge, Dehradun directed the opposite parties, including the present writ- petitioner, to restore the constructions of the property-in-question and to give rupees ten lakh compensation in lieu of demolition.

Present Writ Petition has been filed by the State against the impugned order dated 16.09.2021.

Heard Mr. C.S. Rawat, learned Chief Standing Counsel assisted by Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State/writ-petitioner and Mr. Piyush Garg, learned counsel for respondent nos. 1 and 2.

Mr. C.S. Rawat, learned Chief Standing Counsel for the State, submitted that the present matter was fixed on 17.03.2023. On the request of counsel for the State, date was fixed for today. Today, he has received the instructions from the concerned Department. According to the instructions, if any action has to be taken against the respondent nos. 1 and 2 in future, it will be done according to law.

The said instructions, filed by Mr. C.S. Rawat, learned Chief Standing Counsel, is taken on record.

According to the learned counsel for the parties, the first part of the impugned order dated 16.09.2021 has been complied with. For the second part of the impugned order regarding the compensation, Mr. Piyush Garg, learned counsel for the respondent nos. 1 and 2, submitted that respondent nos. 1 and 2 are waiving off the relief of compensation of rupees ten lakh as granted by learned IInd Additional District Judge, Dehradun.

Accordingly, with the consent of learned counsel for both the parties, the present Writ Petition is disposed of by modifying the impugned judgment that the first part of the order of the impugned judgment has already been complied with, and, the second part of the order of the impugned judgment, i.e. ten lakh compensation, has been waived by respondent no. 1 and respondent no.2.

(Alok Kumar Verma, J.) 18.03.2023 Neha