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2017 Supreme(UK) 395

K.M.JOSEPH, V.K.BIST
Ganga Beach Resort, Tapovan – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Venkataramani, Ms. V. Vijayalakshmi, Mr. Ramji Srivastava
For the Respondent: Mr. Rajeev Singh Bisht, Ms. Puja Banga

JUDGMENT :

K.M. Joseph, J.

Petitioner has approached this Court seeking the following relief’s:

“(a) to issue a Writ, order or direction in the nature of certiorari quashing the order dated 19.04.2011 passed by the Respondent No. 1 (as contained in Annexure – 1), order dated 10.02.2011 passed by the Respondent No. 2, (as contained in Annexure-2) and order dated 10.02.2008 passed by the Respondent No. 3 (as contained in Annexure-3).

(b) to issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 3 to consider the applications for compounding moved by the petitioner (Annexure – 6) and order dated 05.06.2010 (Annexure-4) be modified holding that the structure measuring 10 ft X 15 ft. is capable of compounding.”

2. The case, as set forth in the writ petition, in brief, is as follows:

One Shri Suchendra Hariyal submitted a plan for sanctioning construction of HSS Resorts before the third respondent (Haridwar Development Authority through its Secretary). Vide order dated 05/07.08.1996, the plan was sanctioned by the third respondent. The entire structure was made before the year 1998. The construction was completed as per the sanctioned map by 07.04.2001 within

































































































































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