M/s Disha Hospitality Pvt. Ltd vs Vice Chairman, Mussoorie Dehradun Development Authority And Others

S.K. Mishra, J

In this Intra-Court appeal, the appellant-respondent no. 5 has assailed the impugned order passed by the learned Single Judge in Writ Petition (M/S)

No. 1632 of 2021 dated 18.08.2021, whereby the following directions have been given :-

“The petitioner submits that the respondent No.4, has already referred the matter for an appropriate decision, an action on 19.06.2021,

in order to ensure to provide the fire fighting facilities, to the respondent Nos. 1 and 2, but the respondent Nos. 1 and 2 have not taken any

action on the recommendation, which has been made by respondent No.4 on 19th June, 2021.

In that eventuality, looking to the wider interest of the residents of the colony, who have been allotted with their respective flates, and studio

apartments, this Writ Petition would stand disposed of directing the respondent Nos. 1 and 2, to forthwith act upon the recommendation

made by respondent No.4 on 19th June, 2021 and take all and an appropriate action and measures within a period of eight weeks by

issuing necessary directions to the respondent No. 5, for installing the requisite fire fighting facilities, which is mandated under the Act of

2016.â€​

It is submitted by the learned Senior Counsel for the appellant-respondent no. 5 that the impugned order was passed by the learned Single Judge on

the first date of listing, without issuing any notice to the appellant-respondent no. 5, and the respondent nos. 1 and 2 were directed to take a decision in

the matter. However, the grievance of the appellant-respondent no.5 will be redressed if he is given a reasonable opportunity of hearing before any

decision is taken on the recommendations made by the respondent nos. 3 and 4.

In that view of the matter, this Special Appeal is disposed of directing the respondent nos. 1 and 2 to afford a reasonable opportunity of hearing to

the appellant-respondent no. 5 before taking any decision on the recommendations of the respondent nos. 3 and 4. The representation/objection of the

appellant-respondent no. 5 shall be considered and disposed of by the respondent nos. 1 and 2 by passing a reasoned and speaking order. The decision

shall be taken as per the order passed by the learned Single Judge, and as modified by us, within two months hence.

The Special Appeal is, hereby, disposed of.

There shall be no order as to costs.

Urgent certified copy of this judgment be granted to the parties on proper application.