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RAGHVENDRA SINGH CHAUHAN, ALOK KUMAR VERMA
RAMKISHAN – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
JUDGMENT :
The Court made the following:
(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)
Aggrieved by the order dated 07.06.2021, passed by the learned Single Judge in Writ Petition (M/S) No. 1048 of 2021, the appellants have preferred the present Special Appeal. By the said order, the learned Single Judge had dismissed the Writ Petition filed by the appellants-writ petitioners, wherein the appellants-writ petitioners had challenged the order/letter dated 11.05.2021 issued by the Haridwar
Roorkee Development Authority. By the said order, the Haridwar Roorkee Development Authority had informed the appellants-writ petitioners that since they have raised illegal construction, the illegal construction would be demolished on 27.05.2021.
2. For the sake of convenience, the parties shall be referred to as arrayed in the Writ Petition.
3. This case has had a chequered history, which is as under:-
The petitioners claim to have inherited a property, located in Khasra No. 652, in Village Rawli Mehdoodpur, District Hardiwar. According to them, on 04.06.1986, the Haridwar Roorkee Development Authority (in short “the Development Authority") was notified as a Development Authority. Conseque
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
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