Uttarakhand High Court
WPMS/2302/2025 on 5 January, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:162
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WPMS/2302/2025
Hon'ble Manoj Kumar Tiwari, J.
Mr. Tushar Prajapati, Advocate for the petitioner through video conferencing.
Mr. Devesh Ghildiyal, Brief Holder for the State.
Mr. Sandeep Kothari, Advocate for respondent No. 4.
Mr. Mohit Bhauryal, Advocate for respondent Nos. 5 and 6.
2. According to petitioner No. 5 and 6 constructed a residential house in June Estate, Bheemtal, Nainital and obtained sanction for such construction by suppression of fact.
3. It is contended that as per Building Construction and Development Bye-Laws, 2011, framed by District Level Development Authority applicable to that locality, the maximum height permissible for residential house is 6 meter only, while height of the building constructed by respondent Nos. 5 and 6 is more than 9 meters.
4. By means of this writ petition, petitioner has sought the following reliefs:
"i. A Writ, Order or Direction in the nature of Mandamus directing the respondent no. 4 to demolish the illegally constructed top floor/second floor building structure of respondent no. 5 and cancel the House Map No. 24/ 2019 dated 12.07.2019 and Compounding Map No. NDA/CR/ 2026:UHC:162 0113/202324 (Reference in Annexure No. 7) passed in favor of Tarunendra Amber Shukla/ respondent no. 5, to the extent of violation of Building Construction and Development Bye-Laws, 2011 and (Amendment), 2021 (Annexure No. 8.).
ii. A Writ, Order or Direction in the nature of Mandamus directing the respondent no. 4 to demolish the illegally constructed top floor/second floor building structure of respondent no. 6 and cancel the House Map No. 35/2019 dated 12.07.2019 and Compounding Maps No. NDA/SR/0018/24-25 (Reference in Annexure No. 7) passed in favor of Manvendra Amber Shukla/ respondent no. 6, to the extent of violation of Building Construction and Development Bye-Laws, 2011 and (Amendment), 2021 (Annexure No. 8.)."
5. Mr. Sandeep Kothari, learned counsel appearing for respondent No. 4 submits that if petitioner approaches the Secretary, District Level Development Committee, Nainital by making application under Section 15(9) of Uttarakhand Urban and Country Planning and Development Act, 1973, then the Secretary concerned shall examine the issue and pass necessary order.
6. Learned counsel appearing for respondent Nos. 5 and 6 submits that house in question was constructed by his client in the year 2019 and as per the then prevailing building bye-laws, there was no ceiling limit prescribed regarding height of the building and restriction regarding height was introduced only in 2022.
7. Having regard to the facts of the case and also in view of the submission made by 2026:UHC:162 Mr. Sandeep Kothari, Advocate, the writ petition is disposed of with liberty to petitioner to make representation to the Secretary of Development Authority concerned.
8. If she makes representation within two week from today, decision thereupon shall be taken, as per law, within ten weeks thereafter.
9. It goes without saying that respondent Nos. 5 and 6 shall also be given reasonable opportunity of hearing before passing any order.
10. Till the decision is taken, parties shall maintain status quo and no further construction shall be raised.
(Manoj Kumar Tiwari, J.) 05.01.2026 Mahinder/ 2026:UHC:162