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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Rizwana - Appellant
Versus
State Of Uttarakhand & Anr. - Respondents
Writ Petition (M/S) No. 2662 of 2021
Decided On : 13-12-2021
Permission - Construction Work - Summary: The court addressed the issue of ongoing construction work being stopped by the District Level Development Authority, emphasizing the need for obtaining necessary permission from the Competent Authority. The court directed the Competent Authority to expedite the decision on the petitioner's representation and maintained the status quo on the house construction until a decision is made.
Fact of the Case:
The petitioner started construction work after obtaining necessary permission from the Competent Authority but was directed to stop by the District Level Development Authority.
Finding of the Court:
The court disposed of the writ petition with a direction to the Competent Authority to decide on the petitioner's representation expeditiously and maintain status quo on the house construction until a decision is made.
Issues: Allegation of construction without due permission, pending representation against the impugned order, and the Competent Authority's decision.
Ratio Decidendi: The need for obtaining necessary permission from the Competent Authority for construction work and the directive to the Competent Authority to decide on the petitioner's representation expeditiously.
Final Decision: The writ petition was disposed of with a direction to the Competent Authority to decide on the petitioner's representation expeditiously and maintain status quo on the house construction until a decision is made.
JUDGMENT
Manoj Kumar Tiwari, J. - Petitioner is aggrieved by order dated 25.10.2021 passed by Joint Secretary, District Level Development Authority Haldwani, under Section 28(1) of Uttarakhand Urban and Country Planning Development Act. By the said order, petitioner has been directed to stop ongoing work of house construction.
2. It is contended on behalf of the petitioner that petitioner started work of construction after obtaining necessary permission from the Competent Authority. Thus, according to him, the allegation made in the impugned order that, petitioner is raising construction without due permission of the Competent Authority, is unfounded.
3. Learned counsel for the petitioner has pointed out that petitioner has already submitted a representation, in response to the impugned order, to the Competent Authority in District Level Development Authority Haldwani. Thus, he submits that the Competent Authority be directed to take decision on petitioner's representation expeditiously.
4. Since petitioner's representation against impugned order is pending, therefore, the writ petition is disposed of with a direction to the Competent Authority in District Level Development Authority Haldwani to take decision on petitioner's representation as early as possible, but not later than two weeks from the date of production of certified copy of this order. Till decision on petitioner's representation, status quo qua house in question shall be maintained.
5. Let certified copy of this order be supplied to the petitioner within 24 hours.
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