High Court · 2025

Mr. M.K. Goyal, Advocat e, for t he pet it ioner. Mr. J.S. Virk, Deput y Advocat e General, assist ed by Mr. Rakesh Kum ar Joshi, Brief Holder for t he St at e. Mr. Rahul Consul, Advocat e, for t he MDDA. ( 2) pet it ioner has sought t he following reliefs: By m eans of t his writ pet it ion, “ 1. t o issue a writ , order or direct ion in t he nat ure of m andam us direct ing respondent no. 1 and 2 t o prot ect t he life, libert y and propert y of t he pet it ioner from t he illegal act ion and encroachm ent m ade by respondent no. 4 Aj ay Singh Senior Superint endent of Police ( S.S.P.) Dehradun.

2. t o issue a writ , order or direct ion in t he nat ure of m andam us direct ing respondent no. 3 Mussoorie- Dehradun Developm ent Aut horit y, Dehradun, t o seal t he illegal const ruct ion being raised by t he respondent no. 4 Aj ay Singh Senior Superint endent of Police ( S.S.P.) Dehradun, on t he propert y/ land of t he pet it ioner, aft er dem olishing his resident ial House, sit uat ed at 74- A, Raj pur Road Dehradun, whose boundaries have been m ent ioned above, in t he pet it ion. t he

3. t o issue a writ , order or direct ion in t he nat ure of m andam us direct ing respondent no. 1 and 3 t o dem olish t he illegal const ruct ion having been raised respondent no. 4 Aj ay Singh Senior Superint endent of Police ( S.S.P.) Dehradun, on t he propert y/ land of t he pet it ioner sit uat ed at 74- A, Raj pur Road Dehradun, whose m ent ioned above, in t he pet it ion. boundaries

4. t o issue a writ , order or direct ion in t he nat ure of m andam us direct ing respondent no. 1 and 4 t o com pensat e t he pet it ioner due t o t he pulling down of his resident ial loss and harm caused t he t o House No. 74- A sit uat ed on t he propert y/ land of t he t he pet it ioner at respondent no. 4 Aj ay Singh Senior Superint endent of Police ( S.S.P.) Dehradun.” Raj pur Road, Dehradun, by raised ( 3) We are not inclined t o go int o t he issues t his writ pet it ion, as pet it ioner is claim ing t it le based on a Will, allegedly execut ed by owner of t he propert y, which is sit uat e at Raj pur Road, Dehradun and allegedly was bequeat hed t o t hereaft er his m ot her his m ot her and t he execut ed a gift deed pet it ioner. favour of ( 4) Mr. B.D. Pande, learned Counsel represent ing one Mr. Arj un Singh Rohilla, subm it s t hat his client has purchased t he propert y in quest ion by m eans of a sale deed. He, however, concedes t hat t he sale deed could not be regist ered. ( 5) Learned Counsel for t he pet it ioner and also Mr. Aj ay Singh Rohilla, bot h cont end t hat t heir client is in possession over t he propert y in quest ion. A suit is t he Court of 4 t h report edly pending Addit ional Civil Judge, Dehradun, which is num bered as O.S. No. 463 of 2018, which filed by Mr. Rohilla. Anot her suit appears t o have been filed by t he pet it ioner, which is num bered as Suit No. 226 of 2021. ( 6) Learned Counsel for t he pet it ioner subm it s t hat original owner of t he propert y, Ms. Raksha Sinha, who execut ed Will in favour of pet it ioner’s m ot her, was living abroad, where she passed away long back. Learned St at e Counsel as all as Mr. B.D. Pande, however, subm it t hat as per t heir inst ruct ions, Ms. Raksha Sinha is st ill alive. som e person sanct ion quest ion, t herefore, t hat raising Since quest ion of t it le over ( 7) pending propert y, in various suit s, pending considerat ion before com pet ent court s, t his Court refrains from m aking any observat ion on t he said issue. However, since t here is allegat ion const ruct ion, by unaut horisedly dem olishing t he st ruct ure exist ing over t he obt aining quest ion, wit hout necessary Mussoorie Dehradun Developm ent Aut horit y, we dispose of t he writ pet it ion wit h a direct ion t hat no t o Secret ary, MDDA const ruct ion com prised in Plot No. 74- A, Raj pur Road, Dehradun, wit hout obt aining necessary sanct ion Ut t arakhand Urban and Count ry Planning The const ruct ion, if perm it t ed t o be raised over t he land in quest ion, shall be subj ect t o out com e of t he pending suit s. Developm ent raised over t o ensure provisions

1973. Act , t he t he ( 8) Pet it ioner shall be at libert y t o approach t he SHO concerned for prot ect ion if t here is real t hreat t o his life and libert y. ( A sh i sh N a i t h a n i , J.) ( M a n o j K u m a r Ti w a r i , J.) Pr 2 8 .2 .2 0 2 5