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Judgment
6 paragraphs · 260 wordsPankaj Purohit, J
By means of this writ petition, petitioner has sought the indulgence of this Court for quashing of the sanctioned map issued in the name of the respondent no.2 bearing no.R-4534/22-23 by respondent no.1.
It is the case of the petitioner that petitioner is a residential society. In the garb of the aforesaid sanctioned map, respondent no.2 is encroaching upon the approach road of the petitioner-Society by making development activities thereon.
A preliminary objection has been raised by learned counsel for the respondent no.1 that if a map has wrongly been sanctioned in favour of the respondent no.2 including the road of the residential society, a remedy lies under Section 15(9) of the Uttarakhand Urban and Country Planning and Development Act, 1973 (for short “The Act, 1973”) and he may move such an application to the Vice Chairman of the respondent no.1. But, instead of filing such application, petitioner has straightway approach this Court by filing the present writ petition.
Learned counsel for the petitioner candidly submits that such application has been moved by the petitioner-Society under Section 15(9) of the Act, 1973. The attention of this Court is drawn to the application dated 13.08.2024 moved by the petitioner i.e. annexure-6 to the writ petition.
Accordingly, the writ petition is disposed of with a direction to the respondent no.1-MDDA to decide the application moved by the petitioner dated 13.08.2024 under Section 15(9) of the Act, 1973 within a period of four weeks from the date of production of certified copy of this order.