HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/S) No.3582 of 2023

24th September, 2025

Subhash Singh ………..Petitioner

Versus

H.R.D.A. and others ………….Respondents

With

Writ Petition (M/S) No.1828 of 2024

M/s S.R. Traders ………..Petitioners

Versus

State of Uttarakhand and others ………….Respondents ----------------------------------------------------------------------

Presence:-

Mr. Rachit Manglik, Advocate holding brief of Mr. Hemant Singh

Mehra, Advocate for the petitioners.

Mr. R.C. Joshi, B.H. for the State.

Ms. Devika Tiwari, Advocate and Ms. Ruchika Negi, Advocate holding brief of Mr. Sandeep Kothari, Advocate for respondent

nos.1 and 2.

Mr. M.S. Tyagi, learned Senior Advocate assisted by Mr. Sunil

Chandra, Advocate for respondent no.3.

----------------------------------------------------------------------

Hon'ble Pankaj Purohit, J.

Since these writ petitions involve similar controversy

and the petitioners in both these writ petitions assail the common order, passed on 29.09.2023, therefore they are being

heard and decided together.

2. By means of Writ Petition No.3582 of 2023, the petitioner has sought the issuance of writ of certiorari quashing the order dated 29.09.2023 passed by Joint Chief Administrator, Uttarakhand Urban Development Authority, Dehradun in Revision No.666 of 2023, Shree Shubhash Singh

Vs. Secretary, Haridwar Roorkee Development Authority.

3. The facts in brief of WPMS No.3582 of 2023 are that the petitioner is the owner of the land bearing Khasra No.191 Shekhupura, Kankhal, Haridwar. The petitioner submitted a lay out plan No.08 of 2021 with the respondent-authority which was sanctioned by virtue of Letter No.5445 dated 10.02.2022. Thereafter the petitioner started development upon the land. But the petitioner received notice from the respondent-authority calling upon the petitioner under Section 15(9) of the Uttarakhand Urban and Country Planning and Development Act, 1973, (hereinafter referred to as “the Act”) on the basis of a complaint raised by one Shri Amit Aggarwal reflecting himself as the partner of Essar Traders 61-62 IMA Colony, Akash Avenue, FGC Road, Amritsar. The petitioner upon the receipt of the notice submitted a detail reply along with evidence to the respondent-authority on 14.07.2022. The complainant participated in the proceedings of Section 15(9) of the Act and submitted his reply on 12.08.2022 and 26.08.2022, a replication of which was submitted by the petitioner on 16.09.2022. The respondent-authority which sanctioned the plan earlier passed an order on 13.02.2023 against which the petitioner preferred a revision before Urban Housing Development Authority and the said Authority remanded the matter back vide order dated 29.09.2023 to the respondent- authority sanctioning the plan as after appreciation of evidence it was found that the sanction dated 10.02.2022 was granted on concealment of facts regarding disputed ownership and pending litigation. It is against this remand order the petitioner is before this Court.

4. The facts in brief of WPMS No.1828 of 2024 are that Late Bhushan Sharma executed his last will dated 20.09.2000 in favour of his two sons Ashutosh Sharma and Atharav Sharma and got the same registered. The petitioner purchased land of Khasra No.184 and 191, after the death of its real owner Late Bhushan Sharma from his successors by a registered sale deed dated 30.04.2004. Late Bhushan Sharma had purchased the property in dispute from Kundan Singh and Amir Singh having paid a consideration of ₹9,000/- by the registered sale deed dated 10.07.1964. Kundan Singh was the father of respondent no.4 and Amir Singh was the father of respondent no.3. After the said sale in favour of Late Bhushan Sharma no right whatsoever remained with Kundan Singh and Amir Singh or their legal heirs. Inspite of these facts respondent no.3- Subhash Singh after colluding with revenue authorities got his name registered in the revenue record and also filed an application to sanctioned map concealing the fact of sale