Gaurav Kumar Pundir vs STATE OF UTTARAKHAND

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Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

WPPIL/53/2017
Gaurav Kumar Pundir --Petitioner
Versus
State off Uttarakhand and others --Respondents
Hon'ble Manoj Kumar Tiwari, A.C.J.
Hon'ble Subhash Upadhyay, J.
1. Sri Jai Krishna Pandey, learned counsel
for petitioner.
2. Sri Rajeev Singh Bisht, learned Deputy
Advocate General for the State of
Uttarakhand.
3. Sri S.S. Chauhan, learned counsel for
respondent No. 3.
4. Sri Piyush Garg, learned Senior Counsel
assisted by Sri Raghav Singhal, learned
counsel for private respondents.
5. Sri Lalit Miglani, learned counsel for
respondent No. 10.

6. By means of this writ petition, petitioner
has sought the following reliefs:-
“ I. Issue a writ, order or direction in the
nature of mandamus commanding the
respondent no. 1 to take appropriate action
against the private respondents and
passing appropriate specific order to
respondent no. 2, 3 & 4 to restrain private
respondents from carrying out illegal
construction activity at 3 Civil Lines,
Roorkee.

II. Issue a writ, order or direction in the
nature of mandamus directing the
respondent no. 2, 3 & 4 to take strict
appropriate action against the private
respondents to uphold the rule of law and
to maintain probity and morality in the
governance and not merely by filling the
papers in file just to save their skin and not
taking any actual, effective and real steps
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on the ground.

III. Issue a writ, order or direction in the
nature of mandamus restraining private
respondents from carrying out any further
construction or development activity at 3
Civil Lines, Roorkee till the final disposal
of the case pending before the development
authority bearing no. 112 and which has
been found to be carried out on
government land (Nazool Land) as per
communication dated 01.12.2016, sent by
respondent no. 2 to respondent no. 1. ”

7. Petitioner has raised the issue of
unauthorized construction over government
land by respondent Nos. 5 to 8, in violation of
Building Bye-laws.

8. Sri S.S. Chauhan, learned counsel
appearing for respondent No. 2, submits that
private respondents filed application for
compounding under one time settlement
Scheme and part of the unauthorized structure
was compounded vide order dated 03.03.2023.
He further submits that structures, which are
not compoundable, were directed to be
removed.
9. On 12.08.2026, learned counsel
appearing for private respondents, made a
statement that in case the non-compoundable
part of the construction has yet not been
demolished, the same shall be demolished
positively within two weeks.
10. Sri Piyush Garg, learned counsel
appearing for private respondents, submits that
respondent Nos. 5 to 8 have filed a
Supplementary Affidavit dated 30.08.2026, in
which it is mentioned that private respondents
have demolished an area admeasuring
approximately 700 sq. meters, subsequent to
passing of the compounding order by the
Development Authority and the remaining
portion of the building could not be

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demolished as its demolition may pose threat
to the main building. In Paragraph-7 of the
Supplementary Affidavit, undertaking is given
to demolish the remaining portion within a
reasonable period, subject to decision of State
Government on the application submitted by
private respondents seeking relaxation in the
minimum standards prescribed under the
Building Byelaws, 2011.
11. Having regard to the fact that a
substantial portion of the unauthorized
construction has been removed and
undertaking is given by private respondents
that they will demolish the remaining
unauthorized structures within a reasonable
time, we dispose of the writ petition with a
direction to respondents to remove the
remaining non-compoundable portion within
three months from today, if State Government
does not grant relaxation under the applicable
Building Byelaws within two months. The
District Magistrate, Haridwar is directed to
examine whether the construction in question
is raised by encroaching over government
land, or nazool land, and if it is found that it is
constructed over government land, then
necessary steps shall be taken by the District
Magistrate for removal of encroachment
within six months from today.
12. Let copy of this order be sent to District
Magistrate, Haridwar for information, within
24 hours.


(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, A.C.J.)
06.11.2026 06.11.2026
Rathour

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