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2014 DIGILAW 554 (UTT)

Neelima Devi v. Commissioner Garhwal Region

2014-12-08

ALOK SINGH

body2014
JUDGMENT : Alok Singh, J. Present petition is filed assailing the orders dated 05.06.2014 and 03.09.2014 whereby wedding point of the petitioner was directed to be sealed under Section 28A of the Uttar Pradesh Urban Planning and Development Act, 1973 as well as order dated 22.11.2014 passed by Chairman, MDDA / Commissioner, Garhwal Region whereby appeal filed by the petitioner was dismissed. Undisputedly, property, in question, situates in residential zone, as per master plan of the MDDA, in the city of Dehradun; petitioner has developed the property, in question, as a wedding point; petitioner has submitted application/ map for sanction to develop the property as wedding point as well as compounding application before the MDDA; till date no decision has been taken on the applications of the petitioner seeking sanction of map to develop the property as wedding point as well as for compounding; since petitioner has started developing the property, in question, as wedding point, without getting prior approval from the Authorities, therefore, MDDA decided to seal the same by invoking Section 28A of the Act and appeal filed by the petitioner came to be dismissed. When the matter was taken up for preliminary hearing on 03.12.2014, this Court was pleased to pass the order, which reads as under: “Mr. Ramji Srivastava, Advocate for the petitioner. Mr. Rahul Consul, Advocate for the respondents. In the present petition following points are involved :- 1. As to whether Community Centre / Wedding Point can be established and run in the residential area. 2. As to whether Authorities without rejecting the map submitted for sanctioning / compounding application can pass ceiling order. On the joint request, list in the next week.” As per Notification dated 28.11.2013 issued by the Government of Uttarakhand, in a residential zone, wedding point, restaurant, rain basaira, auditorium, petrol & diesel filling station, LPG gas agency and motor vehicle garage are permitted, as mentioned in the heading 1.2 of the Notification, therefore, question no. 1 as formulated by this Court stands answered in favour of the petitioner. Mr. Rahul Consul, Advocate for respondents, submitted that application of the petitioner seeking approval / sanction of the map to develop and use the property, in question, as wedding point along with application seeking compounding of the offence is pending disposal with the Board, therefore, appropriate decision shall be taken thereon in accordance with law, at the earliest. Mr. Rahul Consul, Advocate for respondents, submitted that application of the petitioner seeking approval / sanction of the map to develop and use the property, in question, as wedding point along with application seeking compounding of the offence is pending disposal with the Board, therefore, appropriate decision shall be taken thereon in accordance with law, at the earliest. Perusal of first order dated 05.06.2014 would reveal that Authorities have decided to seal the property, in question, since petitioner failed to submit application seeking permission to develop / use the property, in question, as wedding point as well as compounding application. However, perusal of subsequent order dated 03.09.2014 would reveal that although application seeking permission to develop the property, in question, as wedding point along with compounding application was moved, however, since property situates in residential zone, therefore, sealing. Mr. Ramji Srivastava, Advocate for the petitioner, submits that petitioner shall not carry on any future development on the spot, till decision is taken on the application seeking sanction / permission to develop the property, in question, as wedding point as well as on the compounding application. Present petition, thus, stands disposed of with direction that appropriate decision on the application of the petitioner seeking permission / sanction of map to develop the property, in question, as wedding point as well as seeking compounding shall be disposed of preferably within sixty days from today. However, property of the petitioner shall be de-sealed forthwith and petitioner shall not carry on any development / construction work on the spot, till final decision is taken by the respondent - Authority on her application seeking permission / sanction as well as compounding. CLMA No. 13765 of 2014 stands disposed of accordingly.