IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 777 (M/S) of 2006 (Under Article 226/227 of the Constitution of India) District Chamoli Masodi Lal aged about 74 years, Son of Lat Luthi Mistri Resident of 10 Shivaji Ward, Gopeshwar, Patwari Circle-Papriyana, Tehsil and District –Chamoli ……….petitioner Versus 1. Controlling Authority Chamoli Through its Chairman, District Magistrate, Chamoli 2. Prescribed Authority Regulated Area Chamoli-Gopeshwar. 3. Manwar Singh Barthwal son of late Samsher Singh Bartwal Resident of 10 Shivaji Ward, Gopeshwar, Patwari Circle-Papariyana Tehsil and District-Chamoli …Respondents Dated 22.6.2006 Hon’ble Rajesh Tandon, J. Heard counsel for the petitioner Sri Pankaj Purohit, and Standing Counsel for the respondents. 2 By the present writ petition, the petitioner has prayed for a writ of certiorari, quashing the order dated 5.4.2006 passed by the respondent no. 1 controlling authority, Chamoli. Briefly stated, according to the case of the petitioner, he constructed the residential house in the year 1974, but in the year 1999 due to the earth quack it got badly damaged and the condition has became unsafe for human dwelling. Petitioner has submitted that he sought permission for reconstruction and vide order dated 24.9.2005 the permission was granted. Thereafter an appeal was preferred on 5.4.2006 the order was passed, directing the Prescribed Authority to inspect the premise and decide it accordingly. Counsel for the petitioner has referred section 4 of the U.P. (Regulation of building Operations) Act, 1958 the same is quoted below:- 4-Controlling Authority- (1) The State Government shall as soon as may be after any area is declared as regulated area under this Act constitute for such area an authority hereinafter called the Controlling Authority for the discharge of functions assigned to such authority under this Act. 3 (2). The Controlling Authority shall, subject to the provisions of sub section (2-A-, consist of the following members not exceeding nine namely:- (a) Commissioner of the Division in which regulated area is situated, or any other officer, not below the rank of a Sub- Divisional Magistrate, appointed by the State Government, who shall also be the Chairman; (b) Nominees of the State Government who among others may be— (i) the president of the District Board of the district in which the regulated area or any portion thereof is situated; (ii) the President of the Municipality or notified Area, if any, in which the regulated area is situated or which is adjacent to it; provided that if the regulated area lies within the limits of more than one local body, the Controlling Authority may co-opt any other President /Presidents of such local body/bodies. [(2-A) The Controlling Authority shall have the powers to co-opt members one or two other persons]. Petitioner has submitted that in view of the aforesaid a single member cannot pass the order and it has to go before the 4 committee prescribed under section 4 of the U.P. (Regulation of building operations) Act 1958. In view of the aforesaid, petitioner is permitted to file an application with regard to maintainability of the appeal and the same shall be decided in accordance with law. The order dated 5.4.2006, however, shall remain in abeyance for a period of one month. Dated 22.6.2006 (Rajesh Tandon, J.)