Authority: Uttarakhand High Court (Hon'ble Manoj Kumar Tiwari, J.)
Order Date: 29.09.2026
Case Overview
- Parties: Petitioners – Mohammad Nawaj Abbasi and another; Respondents – State of Uttarakhand and others.
- Nature of Proceeding: Writ petition (WPMS/2940/2026) challenging alleged illegal construction by Krishi Utpadan Mandi Samiti, Jwalapur, District Haridwar.
- Allegations: Petitioners claim the Mandi Samiti is raising construction within the market area in absolute violation of provisions of the Uttarakhand Urban and Country Planning and Development Act, 1973. Additionally, it is alleged that required information under Section 14(3)(a) of the same Act has not been furnished to the Vice Chairman of the Haridwar‑Roorkee Development Authority.
- Counsel Appearances:
- For petitioners: Mr. Gaurav Singh (Advocate) and Mr. Vipul Sharma (Advocate for respondent nos. 2 & 3).
- For respondents: Mr. Rakesh Singh Kunwar (Additional Chief Standing Counsel) and Mr. Mahavir Kohli (Brief Holder) representing the State of Uttarakhand.
- Court’s Observations: The Court is not inclined to examine the substantive issues raised in the writ petition. It notes reliance by respondents on Sections 16(2) and 16(3) of the Uttarakhand Agriculture Produce Marketing Board Act.
Final Outcome
- The writ petition is disposed of, granting the petitioner liberty to make a representation before the Competent Authority – Haridwar‑Roorkee Development Authority.
- The petitioner must file the representation within two weeks of the order.
- The Competent Authority is required to take a decision on the representation within four weeks thereafter, as per law.
- The Secretary of the concerned Mandi Samiti shall also be heard before any order is passed, and the Mandi Samiti retains the liberty to question the locus of the petitioner.
Topics: Legal Procedure, Urban Planning Violation, Agricultural Market Regulation