Dehradun Plan Applicant Gets 10 Days To Reapply, Undertaking To Bear Consequences If Co-Sharer’s Appeal Goes Against Him; MDDA Must Decide In Six Weeks: Uttarakhand HC

The petitioner sought approval for a residential building plan on land measuring 92.93 square metres in Dehradun.

A co-sharer had brought a partition suit; following the trial court’s decision, the matter was pending in appeal before the Collector, First Class.

The MDDA submitted that uncertainty over the portion that might ultimately fall to the petitioner’s share impeded approval of the plan.

It stated that the application could be considered if the petitioner undertook to bear the consequences of any adverse order in the appeal.

The Court exercised its jurisdiction under Article 226 of the Constitution of India, under which it may issue appropriate writs, orders or directions.

No specific statutory provision, precedent, or substantive legal test was cited.

The Court’s direction required the competent authority to consider a fresh application, supported by the proposed undertaking, and decide it in accordance with law.

The pending appeal created uncertainty about which portion of the land might ultimately belong to the petitioner, presenting a difficulty for the MDDA in considering the plan.

The MDDA nevertheless agreed to consider the application if the petitioner accepted responsibility for any consequences of an adverse appellate order.

In light of that position, the Court disposed of the petition while allowing the petitioner to apply afresh with the undertaking; it did not itself determine the petitioner’s entitlement to approval.

If submitted within ten days, the competent authority was directed to consider the request and pass an appropriate order in accordance with law within six weeks thereafter.