Ranjan Negi vs Mussoorie Dehradun Development Authority And Others

Pankaj Purohit, J

Since common questions of law and facts are involved in these writ petitions, therefore these are being heard and decided by this common judgment, however for the sake of brevity, facts of WPMS No.1630 of 2024 alone are being considered and discussed.

Petitioner applied for sanctioning of a building map with the respondent-MDDA on 22.04.2021 under the provisions of Section 15 of Uttarakhand Urban and Country Planning and Development Act, 1973. The said application of the petitioner was rejected by respondent no.2 vide order dated 20.01.2023 on the ground that there is a status quo order operating with respect to property in dispute situated at Mauza Gujrada Maan Singh, Pargana Parwadoon, District Dehradun passed in WPMS No.1647 of 2008, Shri Chandra Pal Singh Vs. Chief Revenue Commissioner.

It is feeling aggrieved by the said order dated 20.01.2023, the petitioner is before this Court.

Learned counsel for the respondents fairly submitted that the reasons on the basis of which application for sanctioning of map of the petitioner was rejected was not in existence as WPMS No.1647 of 2008 was already disposed-off vide order dated 11.08.2021 and due to disposal of the aforesaid writ petition, there was no status quo order operating and as such the order passed by the Development Authority rejecting application of the petitioner for sanctioning of map was not factually correct.

In this view of the matter, the writ petition is allowed. A writ of certiorari is issued to respondent no.2 and all the impugned orders passed by respondent no.2 relating to rejection of sanctioning of map of the petitioner(s) are hereby quashed. Respondent no.2 is directed to reconsider application of the petitioner, in accordance with law within three months from the date of production of certified copy of this order.