IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1960 of 2009 (M/S) 1. Smt. Neelima Aggarwal, w/o Shri Rakesh Aggarwal, R/O 15/7, Circular Road, Dalanwala, Dehradun. 2. Smt. Kanchan Datta, w/o Shri Pradeep Datta, R/O 11, Chander Road, Dalanwala, Dehradun. …… Petitioners. Versus 1. State of Uttarakhand through Chief Secretary, Dehradun. 2. Secretary, Ministry of Environment & Forest, Government of India. 3. State of Uttarakhand through Revision Officer-Additional Secretary, Govt. of Uttarakhand. 4. Mussoorie Dehradun Development Authority, Pritam Road, Dalanwala, Dehradun through its Vice Chariman. 5. Tarabling Association, 7-B, Mussoorie Road Bye Pass, Dehradun through its President. … Respondents. Mr. Pradeep Hairiya & Mr. Ravi Joshi, Advocates, learned counsel for the petitioners. Mr. K.P.Upadhyay, learned Additional C.S.C. for the respondents No. 1 &3. None is present for the respondent no.2 Ms.Puja Banga, Advocate, learned counsel for the respondent no. 3-MDDA. Mr. Arvind Vashist, Advocate, holding brief of Mr. Rahul Consul, Advocate, learned counsel for the respondent no.5. Date March 29, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the parties By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the revisional court’s order dated 30-3-2009 passed by respondent no. 3 (Annexure-1 to the petition) whereby the revision preferred by the petitioners against the order dated 18-2-2009 passed by respondent no.4 has been rejected. Relevant facts, giving rise to the present writ petition, in brief, are that the respondent no. 4 has sanctioned the map submitted by respondent no.5 vide order dated 16-2-2009 2 (Annexure-7 to the petition) with the conditions mentioned in the order. Objections were filed by the petitioners against the sanction granted to the respondent no.5 which have been annexed as Annexure-8 to the petition wherein it is stated that as per Master Plan 2005-2025, the land was left for agricultural purposes and de horse the master plan and provisions of the Uttar Pradesh Urban Planning and Development Act, 1973 (for short the Act), the map was sanctioned for construction of Monastery/Retreat at village Asthal, Block Raipur, Dehradun. It is also stated that the sanction has been given in violation of Dehradun Master Plan regulations and against the procedure meant for the approval by the MDDA. This application has been made by the petitioners under Section 15(9) of the Act. During the pendency of the application, the petitioners preferred a revision, memo of which has been filed as Annexure-11 to the petition. In the revision, prayer was made that the revision be allowed and the plan File No. 0243/02-03 of respondent no.5 herein, sanctioned by respondent no.4 herein be set aside and quashed. The revision was heard by respondent no.1 and by a detailed and speaking order, the revisional authority has held that the respondent no. 3 acted as directed by the State of Uttarakhand and as per zonal regulation and provisions of the Act, the map was sanctioned and no illegality has been committed in the order sanctioning the map. The only controversy, which emerges out from the contentions of the parties is whether the respondent no. 4 has jurisdiction to sanction the map without approval of the State Government. 3 Learned counsel for the petitioners has contended that the respondent no. 4 did not obtain the sanction under Section 13(2) of the Act for amendment in the master plan. Sub-Section (9) of Section 15 of the Act reads as under:- “(9) If at any time after the permission has been granted under sub-section (3), the Vice-Chairman is satisfied that such permission was granted in consequence of any material misrepresentation made or any fraudulent statement or information furnished, he may cancel such permission, for reasons to be recorded in writing and any work done thereunder shall be deemed to have been done without such permission: Provided that a permission shall not be cancelled without affording to the person or body concerned a reasonable opportunity of being heard.” The stand taken by the respondent no. 5 is that this fact is not disputed that the land was earmarked for agricultural purposes initially and as per master plan, which has been annexed along with counter affidavit filed by the respondent no.4, wherein Clause 3 deals with the prohibition of use of land pertaining to Agriculture. In sub clause (b) of clause 3, it is inter alia provided that places of worship, schools, libraries and educational and health buildings, social welfare and cultural institutions, parks and other public and semi public recreational use not conducted for profit are to be allowed by Development Authority. Ms. Puja Banga, Advocate, appearing for the respondent no. 4 has contended that the matter was referred to the State Government. The State Government vide letter dated 20th June, 2007 (Annexure-5 to the counter affidavit filed by respondent no.4), has directed the Vice Chairman, M.D.D.A., Dehradun that decision be taken in the matter change of user of land for proposed construction of temple/monastery over plot no. 50, 52, 46M and 4 new plot nos. 61-C, 65Ka, 69, 72 and 73D of village Asthal as per regulation and provisions of the Act. Learned counsel further submitted that the respondent no. 4 has acted in conformity with the master plan, which stipulated the use of agricultural land with the permission of the M.D.D.A. In view of the discussion above, I find no error of law in the order passed by the revisional authority and the petitioners have failed to make out a of material misrepresentation or any fraudulent statement or information furnished by the respondent no.5 to the sanctioning authority/MDDA as provided under Section 15(9) of the Act. The learned revisional authority has dealt with the issue elaborately on the basis of the evidence available on the file. The writ petition is devoid of merit and is liable to be dismissed summarily. The writ petition is dismissed summarily. Interim order dated 20-11-2009 is vacated. ( B.S.Verma, J. ) RCP 5 6