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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Aarogyam Residents Welfare Association - Appellant
Versus
State Of Uttarakhand & Ors. - Respondents
Writ Petition (M/S) No. 2388 of 2021
Decided On : 16-11-2021
Violation of Sanction Conditions - Aarogyam Residents Welfare Association, Haridwar - The court allowed the petitioner to make a fresh representation to the development authority and directed a decision to be taken within a specified timeframe.
Fact of the Case:
The petitioner alleged that the developer violated the conditions of sanction granted by the Competent Authority and made representations to the development authority, but no decision was taken.
Finding of the Court:
The court disposed of the writ petition, allowing the petitioner to make a fresh representation to the development authority and directing a decision to be taken within a specified timeframe.
Issues: Violation of sanction conditions, delay in decision-making by the development authority.
Ratio Decidendi: The court emphasized the need for the development authority to consider the petitioner's representation and take a decision within a specified timeframe, ensuring that all stakeholders are heard.
Final Decision: The writ petition was disposed of with liberty to the petitioner to make a fresh representation to the development authority, with a directive for a decision to be taken within a specified timeframe.
JUDGMENT
Manoj Kumar Tiwari, J. - This writ petition has been filed by Aarogyam Residents Welfare Association, Haridwar.
2. According to the petitioner, the developer of the project has violated conditions of sanction granted by the Competent Authority. He further submits that a number of representations have been made to Haridwar-Roorkee Development Authority and other concerned authorities, but no decision has been taken so far.
3. Learned counsel for the petitioner confines his prayer and submits that petitioner be permitted to make fresh representation to Haridwar-Roorkee Development Authority and he may be directed to take decision thereupon at the earliest.
4. Learned counsel for respondent no.3 submits that he has no objection, if the prayer made by petitioner's counsel is granted.
5. Accordingly, the writ petition is disposed of with liberty to the petitioner to make fresh representation to Secretary, Haridwar-Roorkee Development Authority. If such representation is made within two weeks from today, decision thereupon shall be taken within ten weeks thereafter.
6. It goes without saying that before taking any decision, all stake-holders, including respondent nos.5 and 6 shall also be heard.
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