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Judgment
K.M. JOSEPH, C.J. (ORAL)
SHARAD KUMAR SHARMA, J.
Appellants are the writ petitioners. The writ petitioners sought the following relief:
“Issue a writ, order in the nature of certiorari quashing the notices dated 27.06.2018 and 28.06.2018 issued under the orders of respondent nos. 1, 2
and 3 (contained as Annexure no. 5 to this writ petition).â€
The appellants had approached the Court complaining about the removal of the alleged encroachment. The learned Single Judge noted that the area
comes under the Development Authority, which is Mussoorie Dehradun Development Authority. Thereafter the learned Single Judge relied on the
provisions of Sections 26-A, 26-B and 26-C of the Uttar Pradesh Urban Planning and Development Act, 1973 (hereinafter referred to as the
‘Act’). Finally, the learned Single Judge took the view that since the drive is being undertaken pursuant to the directions given by the Division
Bench of this Court in public interest litigation and since the appellants also have a remedy under the Sections, which were referred to, no interference
is required and the Writ Petition was dismissed.
Today when the matter came up, we heard Mr. Parikshit Saini, Advocate on behalf of the appellants, Mr. S.S. Chauhan, Deputy Advocate General
for respondent nos. 1 & 4, Mr. Ashish Joshi, Advocate on behalf of respondent no. 2 and Mr. Rahul Consul, Advocate on behalf of respondent no.3.
Mr. Ashish Joshi would point out that the judgment of this Court passed in the public interest litigation, which resulted in the drive, came up for
consideration before the Apex Court and the Apex Court by its order dated 04.07.2018, certain directions have been issued in relation to the procedure
to be adopted.
Mr. Rahul Consul, Advocate appearing on behalf of respondent no. 3 would submit that the proceedings will be taken up strictly in this case as per
the directions of the Supreme Court.
We record the above statement and dispose of the Appeal.