Sarvagya Agrawal vs Mussoorie Dehradun Development ...
2024 Latest Caselaw 937 UK

Uttarakhand High Court

Sarvagya Agrawal vs Mussoorie Dehradun Development ... on 13 May, 2024

   IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL

                   MS JUSTICE RITU BAHRI, C.J.
                              AND
                MR. JUSTICE RAKESH THAPLIYAL, J.
                            13TH MAY, 2024
        SPECIAL APPEAL NO. 145 OF 2024
Sarvagya Agrawal                  .......Appellant

Versus

Mussoorie Dehradun Development Authority, Transport
Nagar, Dehradun, through its Secretary.
                                      .........Respondent
Counsel for the appellant        :    Mr. Sagar Kothari, learned counsel.


Counsel for the respondent       :    Mr. Rahul Consul, learned counsel.




Upon hearing the learned Counsel, the Court
made the following

JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

Counsel for the appellant has argued that

before the RERA, his plea for grant of compensation

was accepted vide order dated 06.09.2023. However,

against this order, he has filed an Appeal before the

Appellate Authority for modification of the

compensation order and his main grievance in the writ

petition before the learned Single Judge was that the

Completion Certificate given by the MDDA was wrongly

given as he had not completed roads and parks. The

learned Single Judge dismissed the writ petition vide

order dated 15th April, 2024 by observing that the petitioner has already raised the issue of compensation

before the RERA in Complaint Case No. 72 of 2022 and

this order is pending before the Appellate Authority and

he should approach the same forum with respect to

awarding of Completion Certificate dated 20th February,

2020 issued by the MDDA.

3. In the present case, since the Appeal is already

pending, this Special Appeal is being disposed of by

observing that the petitioner / appellant can take this

plea of grant of compensation keeping in view that the

Completion Certificate dated 20th February, 2020 issued

by the MDDA was wrongly granted.

_____________ RITU BAHRI, C.J.

__________________ RAKESH THAPLIYAL, J.

Dt: 13th May, 2024 Rathour