Deepa Upreti And Another vs Commissioner Kumaon Division/Chairman District Level Development Authority, Nainital And Others

Alok Kumar Verma, J

Present Writ Petition under Article 226 of the Constitution of India has been filed by the petitioners with the following prayers:-

“(i) Issue a writ, order or direction in the nature of mandamus to conclude the proceedings of case no.1/2021 under Section 28(1) read with 27(1) of the Uttarakhand Urban and Country Planning and Development Act, 1973.

(ii). Issue a writ, order or direction in the nature of mandamus directing the District Development Authority to demolish the illegal construction raised by the respondent no.4.

(iii) Issue any suitable writ, order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.

(iv) Award costs of the petition to the petitioner.”

Heard Mr. Kundan Singh, learned counsel for petitioners, Ms. Devika Tiwari, learned counsel for respondent nos.1 and 2 and Mr. V.D. Bisen, learned counsel for respondent no.3.

Mr. Kundan Singh, Advocate, contended that the District Level Development Authority, Nainital has initiated proceedings in Case No.01 of 2021 in respect of the illegal construction raised by respondent no.4, which is pending before the respondent no.2.

Ms. Devika Tiwari, Advocate, for respondent nos.1 and 2 on instruction has sought six weeks’ time from today to decide the said case, pending before the respondent no.2.

Mr. Kundan Singh, Advocate, has accepted the said submission of Ms. Devika Tewari, Advocate and requested to decide the present writ petition accordingly.

With the consent of learned counsel for both the parties, present Writ Petition is decided by directing the respondent no.2 to decide the said case (Case No.01 of 2021) as per law by a speaking order within six weeks’ from today.