Himashu Bisht vs State Of Uttarakhand And Ors

Pankaj Purohit, J

Petitioner has filed the present writ petition challenging the orders dated 07.08.2024, 18.06.2025, and 02.01.2026 passed by respondent Nos.4, 3 and 2 respectively (Annexure Nos.1, 2 and 3 to the writ petition) and further for a direction to respondents to consider the compounding application (file No.NDA/CR/0121025-26) dated 24.02.2026 for seeking post facto layout sanction/ compounding of the construction in question.

The facts of the case in brief are that petitioner has raised a construction in his 60 years old parental house on the top of it without seeking any permission from respondent No.4, which resulted into initiation of the proceedings against petitioner under the provisions of Section 27(1) and 28(1) of the Uttarakhand Urban and Country Planning and Development Act, 1973, (hereinafter referred to as ‘the Act’). Respondent No.4 passed demolition order dated 07.08.2024 of the illegal and unauthorized construction made by petitioner.

It is feeling aggrieved against that order, petitioner preferred an Appeal under Section 28(4) of the Act to the learned Commissioner, Kumaon Division, Nainital, which was registered as Appeal No.88/23-24 Himanshu Bisht Vs. Secretary, District Level Development Authority. The said Appeal was dismissed on 18.06.2025. The revision has also been preferred by petitioner before the designated authority i.e. Joint Chief Administrator, Uttarakhand Housing and Urban Development Authority, Dehradun, which was registered as Revision No.0034 of 2025 Himanshu Bisht Vs. Secretary, District Level Development Authority and Anr. The said revision also got dismissed on 02.01.2026. It is aggrieved by the aforesaid orders, petitioner is before this Court.

It is contended by learned counsel for petitioner that the petitioner has moved an application dated 24.02.2026 for compounding of the illegal and unauthorized construction to the respondent No.4, which is still pending.

Learned counsel for petitioner made a limited prayer to this Court only to the extent that till said compounding application is decided by respondent No.4, same respite may be given to petitioner for demolition of the subject matter of the present writ petition.

Learned counsel for respondent No.4 has no objection, if such a limited prayer made by learned counsel for petitioner is granted.

Accordingly, the present writ petition is disposed of finally and it is provided that respondent No.4 shall consider and decide the compounding application dated 24.02.2026 made by petitioner for compounding of his illegal and unauthorized construction, within a period of eight weeks from today strictly in accordance with law. Till the decision is taken in compounding application by respondent No.4, the demolition exercise shall remain stayed.

Pending application also stands disposed of.