Summary:
The HC directed the respondents, including the state government to submit compliance report before the registrar general.The HC ordered state functionaries such MDDA and the civic body to seal all residential premises that are being misused as commercial purposes within three weeks. It is made clear that no officer, be it of any rank, shall be spared. We authorize the chief secretary of Uttarakhand to constitute the nodal agency to supervise the disciplinary proceedings to be initiated against the officers/officials who were found remiss in discharge of their statutory duties. It is made clear by way of abundant precaution that if the basement areas, which are meant for parking vehicles, are not used for parking purposes, the entire commercial building be sealed, to carry out necessary amendments in the building byelaws of the nigam and MDDA that no unauthorized construction is compounded to arrest the tendency of the people to raise unauthorized construction by paying meager compounding fee. The compounding of entire unauthorized construction is against rule of law,The bench further added that the persons who have taken advantage of rehabilitation policies, but have not surrendered their shops at the old places, their new leases shall be cancelled and the municipal/state functionaries shall take over the shops and “the same shall be auctioned again in accordance with law to maintain rule of law”..