The High Court said that relief cannot be given to any organization or person carrying out construction without permission. file photo
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Jagran correspondent, Nainital. The High Court has rejected the petition filed by Mussoorie-Dehradun Development Authority challenging the order to seal a mosque in Dehradun.
The court clarified that relief under Article 226 cannot be given to a person or organization constructing without permission. A single bench of Justice Pankaj Purohit heard the petition filed by Jama Masjid Society, Thano' Dehradun, in which it had sought to cancel the notice issued by MDDA on 13 February 2026, in which the Senior Superintendent of Police, Dehradun was instructed to provide police assistance to seal the mosque.
It was also prayed in the petition that no punitive or coercive action should be taken until the society is given an opportunity to submit the compounding map as per the rules.
never received any permission
During the hearing, the fact was accepted that the petitioner never obtained any permission from the Mussoorie-Dehradun Development Authority for the disputed construction. It was also held that no application was submitted for compounding map for the construction. The single bench said that a person who himself is violating the law cannot expect relief from the court. Building without permission and then seeking protection from the court is against the principles of law.
The court clarified that the petitioner society itself is a defaulter and the court cannot become a medium to give protection to any illegal construction. On this basis the petition was rejected at the preliminary stage itself.
The Court granted relaxation that if the petitioner submits an application along with necessary records before the concerned authority for compounding of illegal construction within four weeks, the Mussoorie-Dehradun Development Authority will consider the same as per the provisions of the Uttar Pradesh Urban Planning and Development Act, 1973 (which is applicable in Uttarakhand) within four weeks. Along with this, pending applications were also disposed of.
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