MUSSORIE DEHRADUN DEVELOPMENT AUTHORITY Vs. SURESH KUMAR GOYAL & ORS.
LAWS(UTN)-2013-10-52
HIGH COURT OF UTTARAKHAND
Decided on October 05,2013

Mussorie Dehradun Development Authority Appellant
VERSUS
Suresh Kumar Goyal And Ors. Respondents

JUDGEMENT

B.S. Verma, J. - (1.) The controversy involved in both these writ petitions is same, therefore, for sake of convenience, these writ petitions are being decided by this common judgment and order.
(2.) By means of these writ petitions, the petitioner has sought a writ in the nature of certiorari quashing the order dated 26.5.2001 passed by respondent no.9, whereby IV Additional Judge Dehradun has exercised power of Tribunal u/s 26(B)(2) of U.P. Urban Planning and Development Act 1973 (for short, the Act) and has allowed the application of the respondents.
(3.) Brief facts of the case, as narrated in the writ petition are, that respondent no.1 instituted a suit for compensation u/s 26-B(2) of the Act before the Tribunal claiming therein that his structure has been illegally demolished by Mussorie Dehradun Development Authority (MDDA) and MDDA is liable to give compensation for the same. He further alleged in the claim petition that the demolition has been carried out u/s 26-A of the Act therefore he is liable to be given compensation u/s 26-B of the Act. The suit was contested by the MDDA by filing objections. It was alleged by MDDA that structure erected by respondent no.1 was illegal, unauthorised and on public property and in violation of the Act, hence it was demolished u/s 26-C of the Act.;


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