The petitioner sought permission to level land for a polyhouse, hindered by pending litigation. The Court noted the withdrawal of the PIL and dismissal by the NGT, and directed the District Magistrate to decide the petitioner's representation expeditiously.
Direction to District Magistrate to decide representation within four weeks.
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| No | Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| WPMS No.1371 of 2024 Hon’ble Man oj Ku m ar Tiw ar i, J. Mr. Rajendra Dobhal, Senior Advocate, assisted by Mr. Balvinder Singh, Advocate for the petitioner. Mr. K.K. Sah, Additional C.S.C. for the State of Uttarakhand. 2. According to petitioner, he was granted permission to level his land by the District Magistrate, Dehradun, however, due to filing of Writ Petition (PIL) No.126 of 2023 before this Court and pendency of a case before National Green Tribunal, Delhi, petitioner is not being permitted to do the work of levelling. |
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| 3. Learned Senior Advocate for the petitioner submits that Writ Petition (PIL) No.126 of 2023 was permitted to be withdrawn vide order dated 22.03.2024. He further submits that the complaint filed by Aarti Joshi was dismissed by National Green Tribunal vide order dated 16.05.2024. Thus, he submits that since there is no legal impediment in permitting the petitioner to do the work of levelling, therefore, omission on the part of District Magistrate to permit the petitioner to do the needful, in terms of the license, is unjust. 4. Learned Senior Advocate for the petitioner submits that petitioner will not remove soil or riverbed material from the landinquestionandhewilldo only the |
| work of levelling for the purpose of constructing a Polyhouse. 5. Learned State Counsel submits that since petitioner has made a |
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| representation to District Magistrate, |
| Dehradun, on 26.04.2024, therefore, |
| decision on his representation shall be taken expeditiously. |
| 6. Accordingly, the writ petition is |
| disposed of with a direction to District Magistrate, Dehradun to take decision on petitioner’s representation dated 26.04.2024, within four weeks’ from the date of production of certified copy of this order alongwith copy of representation. While passing the order, any person, who is likely to be affected by the work to be undertaken by the petitioner, shall also be heard. ( Man oj Ku m ar Tiw ar i, J.) 04.06.2024 Arpan |
1 issue framed by the court
Whether the petitioner is entitled to permission to level his land for constructing a polyhouse given the withdrawal of earlier PILs?
Petitioner
State of Uttarakhand
Manoj Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
