Shri Dinesh Kumar vs Mussorrie Dehradun Development Authority

Heard learned counsel for the parties and perused the records.

Petitioner claims himself to be the owner in possession over the land measuring 174.80 Sq. Mts. in Village Gujrara Mansingh Pargana Parvadon, District Dehradun. The said land is bearing Khatauni No. 196, Khasra No. 533. Petitioner intends to construct a house over the said land and for the said purpose he made an application to Mussorrie Dehradun Development Authority (in short "MDDA"). Grievance of the petitioner is that his application for sanctioning of the house-plan has not been entertained by the MDDA on the ground that interim order passed in WPMS No. 1647 of 2008 is operating in the matter whereby coordinate Bench of this Court has directed the parties to maintain status quo.

It is the case of the petitioner that his land is not a part of the land regarding which WPMS No. 1647 of 2008 was filed. Thus according to him, interim order passed in the said writ petition cannot be pressed into service for refusing to entertain petitioner''s application for house plan.

Learned counsel for the petitioner confines his prayer and submits that MDDA be directed to entertain petitioner''s application and to take appropriate decision thereupon, in accordance with law.

Accordingly, the writ petition is disposed of with liberty to the petitioner to make appropriate application for sanction of house-plan to MDDA within ten days from today.

Petitioner shall also submit an undertaking along with his application that the land is not involved in any litigation and the order passed by this Court in WPMS No. 1647 of 2008 is not applicable to his land. If such application is made, the Competent Authority in MDDA shall consider petitioner''s application and pass appropriate order, in accordance with law, within six weeks thereafter.