Smt. Premlata Bisht vs Mussorrie Dehradun Development Authority

Heard learned counsel for the parties and perused the records.

Petitioner claims herself to be the owner in possession over the land measuring 306.57 Sq. Mts. in Village Gujrara Mansingh Pargana Parvadon, District Dehradun. The said land is bearing Khatauni No. 603, Khasra No. 539. Petitioner intends to construct a house over the said land and for the said purpose she made an application to Mussorrie Dehradun Development Authority (in short "MDDA"). Grievance of the petitioner is that her 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 her land is not a part of the land regarding which WPMS No. 1647 of 2008 was filed. Thus according to her, 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 the MDDA be directed to entertain petitioner''s application and 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 her 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 her 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.