Charanjeet Kaur And Another vs Mussoorie Dehradun Development Authority And Others

Alok Kumar Verma, J

The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers : -

“(I) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 17.03.2025 (Annexure No.7) passed by Respondent No.2 to the writ petition.

(II) Issue a writ order or direction in the nature of Mandamus commending the Respondent No.3 to decide the appeals and stay applications filed by the Petitioners (Annexure No.3 Appeal against the order dated 18.01.2025 and 05.02.2025 AND Annexure No.5 Appeal against the order dated 25.02.2025).

(III) Issue a writ, order or direction in the nature of mandamus commanding and directing the Respondent No.1 and 2 not to demolish the property of the petitioners bearing Municipal No. 66/ 139/ 55/ 1 (Old No.45/ 43) situated at Moti Bazar Dehradun and decide the Com pounding Application filed by the Petitioner on 17.03.2025 (Annexure No.8).

(IV) To pass any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(V) To Award the cost of the petition.”

Heard Mr. Hari Mohan Bhatia, learned counsel for the petitioners, Mr. Rahul Consul, learned counsel for the respondent nos. 1 & 2 and Mr. Suyash Pant, learned Standing Counsel for the respondent no.3.

Mr. H.M. Bhatia, Advocate, contended that the petitioners are the owners of the property-in-question bearing Municipal Number 66/ 139/ 55/ 1 (Old No.45/ 43), situated at Moti Bazar, Dehradun. The map of the said property was sanctioned by the respondent no.1. The petitioners are using the said premises as per the sanctioned map and they are doing their business in the said property. An application was moved by one Smt. Archana Gambhir before the Commissioner, Garhwal Division. The Commissioner sent the matter to the respondent no.1 directing to resolve the matter and re-check the sanctioned map. The petitioners appeared before the respondent authority and submitted that they have already filed a com pounding map. The respondent no.2, without considering the com pounding map issued an order dated 18.01.2025, by which the petitioners were directed to remove the uncompoundable area within 15 days. The respondent no.2, vide letter dated 05.02.2025, requested the Senior Superintendent of Police, Dehradun, to facilitate the demolition of the property of the petitioners. The respondent no.2 rejected the com pounding map of the petitioners on 25.02.2025. The petitioners approached the appellate forum and filed the appeal against the order dated 18.01.2025 and 05.02.2025 and 25.02.2025. The said appeal is still pending, but the respondent no.2 in pursuance to the orders dated 18.01.2025 and 25.02.2025 issued the demolition order against the petitioners on 17.03.2025 and fixed the date of demolition on 21.03.2025.

Mr. H.M. Bhatia, Advocate, has requested to decide the present writ petition by directing the respondent no.3 to decide the petitioners appeal as expeditiously as possible.

Mr. Suyash Pant, Standing Counsel, appearing for the respondent no.3, submitted that six weeks’ time is required for deciding the appeal of the petitioners.

With the consent of both the parties, the present writ petition (WPMS No.842 of 2025) is disposed of by directing the respondent no.3, the Commissioner, Garhwal Division, Dehradun to decide the appeal of the petitioners as expeditiously as possible but not later than six weeks from the date of production of the certified copy of this order.

Till decision is taken on the appeal, the effect and operation of the impugned order dated 17.03.2025 are kept in abeyance.

It is made clear that this Court has not expressed any opinion on the merit of the case.