HC dismisses plea against sealing of mosque over unauthorised construction

Dehradun: Uttarakhand high court (HC) has dismissed a petition challenging the Mussoorie-Dehradun Development Authority's (MDDA) order to seal a mosque in the capital city over alleged unauthorised construction, observing that relief under Article 226 of the Constitution cannot be granted to a party acting in violation of the law.The matter was heard by a single bench of Justice Pankaj Purohit. The petitioner, Jama Masjid Society, Thano, had sought quashing of a Feb 13 notice issued by the MDDA directing the SSP to provide police assistance for sealing the mosque.During the hearing, it was acknowledged that the petitioner had not applied for prior permission to construct the disputed structure. Therefore, the MDDA issued the sealing notice.It was also admitted that the society had not applied for compounding of the unauthorised construction."In such view, this court cannot come to the rescue of a person who is totally acting in violation of law and is now, at the same time, seeking remedy under Article 226 of the Constitution, which can only be granted to a person who comes with clean hands before this court," the bench observed.The court further stated that since the petitioner itself was in default, the high court could not become a party to the illegality by granting relief in respect of the construction carried out without permission.However, the bench granted limited relief, observing that if the petitioner submits an application with the requisite documents within four weeks for compounding of the unauthorised construction, the MDDA shall consider the same within four weeks in accordance with the provisions of the Uttar Pradesh Urban Planning and Development Act, 1973, which is applicable in Uttarakhand.