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VIPIN SANGHI, R. C. KHULBE
Vishana Bisht – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Vipin Sanghi, CJ. - The petitioner has preferred the present Writ Petition seeking the following reliefs :-
'i. To, issue a writ order or direction in the nature of certiorari for quashing the demolition notice dated 02.12.2022, (Annexure No. 9) and further the letter dated 24.02.2020, (Annexure No. 7) issued by the respondent no.2;
ii. To issue a writ order or direction in the nature of mandamus to not in any manner interfere with the peaceful possession of the suit property;
iii. To issue any other writ order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.
iv. Award the cost of the writ petition in favour of the petitioners.'
2. The case of the petitioner is that she is the owner of the plot admeasuring 92.93 sq. meters, which she purchased, vide registered Sale Deed dated 14.05.2012, from Kundan Lal Sah Religious and Charitable Trust, who are stated to be the original owners of the said land. A copy of the Sale Deed has been placed on record. The same, however, does not disclose the description of the land, except to mention its boundaries as 'A, B, C, D'.
3. The case of the petitioner is that the respondents issued a notice in
The petitioner's failure to establish ownership and suppression of relevant documents led to the dismissal of the petition.
Availability of alternate remedy under Section 347B of the DMC Act and the principles for entertaining a writ petition under Article 226 of the Constitution.
Authorities must adhere to procedural fairness and cannot act arbitrarily when authorized actions affect property ownership, especially when statutory appeals are pending.
Demolition of residential structures requires adherence to due process and cannot occur without notice and an opportunity to be heard, ensuring rights under Article 300-A are protected.
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