Vijay Arora And Another Vs State Of Uttarakhand And Others

Uttarakhand High Court 11 Nov 2024 Writ Petition (M/S) No. 2965 Of 2024 (2024) 11 UK CK 0103
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Writ Petition (M/S) No. 2965 Of 2024

Hon'ble Bench

Pankaj Purohit, J

Advocates

I.P. Gairola, Anil Dabral, Devesh Ghidiyal, Rahul Consul

Final Decision

Disposed Of

Judgement Text

Translate:

Pankaj Purohit, J

1. Heard learned counsel for the parties.

2. The petitioners have moved this writ petition for a direction to the respondent no. 2-MDDA to ensure the demolition of the illegal construction raised by respondent no. 5, particularly, in the adjacent area of the house of the petitioners in light of the affidavit submitted by respondent no. 5.

3. It is the case of the petitioners that respondent no. 5 was given permission for construction of a residential house by the respondent no. 2-MDDA. A complaint was made by petitioners against respondent no. 5 before the MDDA i.e. respondent no. 2 that the respondent no. 5 is raising the construction beyond the sanctioned map and the same may be demolished.

4. It is submitted by learned counsel for the respondent no. 2-MDDA that the respondent no. 5 has already submitted an affidavit before the respondent no. 2 in which he has stated on oath that he would demolish the non-compoundable portion of the construction raised by him beyond the sanctioned map. In the affidavit, it is also stated that for certain part of construction raised by respondent no.5 beyond map, compounding has been permitted by respondent no. 2 on the application moved by respondent no. 5.

5. It is submitted by the learned counsel for the respondent no. 2-MDDA that it has already initiated proceedings for demolition of non-compoundable portion raised by the respondent no. 5 which would definitely be brought to a logical end within eight weeks.

6. In view of aforesaid submission made by learned counsel for respondent no.2, nothing further remains to be decided in this writ petition and the same is, accordingly, closed.

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