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SHARAD KUMAR SHARMA
RAMKISHAN – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
JUDGMENT
The brief facts, which engage consideration in the present writ petition are, that the petitioner contends that he had inherited a
property which was lying in khasra no.652 located in Village Rawli Mehdoodpur, District Haridwar, which stands recorded in khatauni of 1426 to 1431; as a land recorded under shreni 6(2), non-agricultural
land. The Haridwar Development Authority, was notified as a Development Authority, by virtue of issuance of a gazette notification on 04.06.1986 and, as a consequence thereto, 39 villages of District
Haridwar, were included within the territory of the Development Authority.
2. On khasra no.652, over which the petitioner claims his right of ownership, fell in the development area and since a construction was being raised without their being a prior proper sanction u/s 14 of the Uttarakhand Urban Planning and Development Act of 1973 (as amended in 2009), (for short, the Act) a complaint was preferred by the neighbourer, who had an animosity with the petitioner, and on the basis of the said complaint, the cognizance was taken and a report was called. The Tehsildar is alleged to have submitted a report to the effect that the construction was raised by t
The main legal point established is that constructions in an industrial development area and flood plain zone must comply with building regulations and obtain permission under the U.P. Industrial Are....
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
The central legal point established is the requirement for obtaining necessary permission from the Competent Authority for construction work and the court's directive to expedite the decision on the ....
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