Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPMS/ 2432/ 2025

Hon’ble Manoj Kumar Tiwari, J

1. Mr. R.C. Tamta, learned counsel for

the petitioner.

2. Mr. Suyash Pant, learned Standing

Counsel for the State of Uttarakhand.

3. Mr. Sandeep Kothari, learned

counsel for respondent nos. 2 & 3.

4. By means of this writ petition, petitioner has sought the following

reliefs:-

(i) To, issue a writ, order or direction, in the nature of

certiorari calling for the records and quash order dated 06.06.2022, passed by the respondent no. 3 (Annexure No. 12 to this writ petition) i.e. District Development Authority, Nainital Through Secretary having its Office at Tallital Nainital, as well as to quash the order dated 11.12.2024 (Annexure No. 13 to this writ petition) passed by respondent no. 2 in the appeal no. 153/21-22(3/33-24) preferred by the petitioner as well as the order dated 31.05.2025 (Annexure No. 14 to this writ petition) passed by respondent no. 1 in the revision no. 0005/NDDA/2025-26 case no. 0028/2022 dated 03.07.2025 (Annexure No. 15 to this writ petition) whereby the petitioner has been directed to demolish the unauthorized challaned construction within 15

days.

(ii) To, issue a writ, order or direction, in the nature of

mandamus commanding and directing the respondents authorities to direct the respondent authorities to not disturb the construction place

which is as per the sanctioned map.

5. Learned counsel for the petitioner submits that ground floor and first floor of the residential house, constructed by petitioner, are duly sanctioned by District Development Authority, Nainital, however, dispute is regarding the second floor of the building, as the height

thereof has gone beyond permissible limits.

6. Learned counsel for the petitioner submits that construction raised by petitioner is compoundable as per the Building Byelaws, therefore, petitioner be permitted to make application for compounding to the Competent Authority.

7. Mr. Sandeep Kothari, learned counsel for the Development Authority submits that if petitioner makes compounding application, within two weeks from today, the same shall be dealt with and appropriate order shall be passed within eight weeks from the date of its receipt.

8. The writ petition is disposed of by taking the statement made by Mr. Sandeep Kothari, learned counsel for Development Authority, on record.

9. For a period ten weeks or till disposal of petitioner’s application, whichever is earlier, status quo qua construction raised by petitioner shall be maintained.

(Manoj Kumar Tiwari, J)

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