Praveen Kumar vs Mussorrie Dehradun Development Authority and Others

B.S. Verma, J.—Heard Mr. Neeraj Garg and Mr. S.S. Chauhan, counsel for the Petitioner and Mr. Rahul Consul, holding brief of Mr. D.S. Patni, counsel for the Respondents.

By means of this petition the Petitioner has sought the following relief-

(1) To issue an order or direction in the nature of certiorari quashing the impugned order dated 18-09-2010 passed by Chairman, M.D.D.A./Respondent No. 3, in Appeal No. 165/2009-10 Praveen Kumar v. M.D.D.A. so far as relates to refusing to stay the operation and effect of order dated 15-09-2010, in appeal.

(2) To issue an order or direction staying the operation and effect of order dated 15-09-2010, passed by M.D.D.A. in Case No. C-367/S-4/2010 and Case No. R 0752/S-4/2006 whereby M.D.D.A. has passed the order of demolition of the property of Petitioner.

(3) Any other order or direction which this Hon''ble Court may deem fit and proper in the circumstance of the case.

(4) Award cost of the petition.

According to the Petitioner, he has preferred an appeal before the Commissioner, Garhwal Mandal Pauri, against the order passed by Respondent No. 2 dated 15-09-2010. The appeal was registered, notices were issued to the Respondents in appeal, the lower court file was summoned and 27-09-2010 was fixed for hearing of stay application. The grievance of the Petitioner is that the stay application has not been heard by the Commissioner and he is in apprehension that the order passed by Respondent/M.D.D.A. may be given effect to and in that event the appeal of the Petitioner would become infructuous.

Since the appeal before the Commissioner is against the demolition order and is statutory in nature, the Commissioner, Garhwal Mandal, Pauri is directed to decide the stay application of the Petitioner, at the earliest, preferably within a period of two weeks from the date of production of certified copy of this order, and shall also decide the appeal as expeditiously as possible.

Till the disposal of stay application by the learned Commissioner, the building in question shall not be demolished.

With the above observation and direction the writ petition is disposed of finally.

The interim relief application also stands decided.

Let certified copy of this order be supplied to the counsel for parties, today itself, on payment of requisite fee.