NAINITAL, India, Feb. 16 -- Uttarakhand High Court issued the following judgment/order on Jan. 15:

1. Heard Shri Pankaj Kumar Sharma, Advocate for the petitioner, learned Chief Standing Counsel for the State/ respondent nos. 1 to 3 & Ms. Monika Pant, Advocate for respondent no. 5.

2. On oral prayer made by learned counsel for the petitioner, he is permitted to implead Raj Kumar Saini and Archana as respondents to the present Writ Petition.

3. The petitioner has prayed for quashing of the attachment and auction proceedings initiated by the respondent-authorities in pursuance of the order dated 28.08.2019 passed by respondent no. 5 - Real Estate Regulatory Authority, Uttarakhand, Dehradun (for short, hereinafter referred to as "RERA") in Case No. 188/2018, and also for quashing of the sale proclamation and auction notice dated 16.12.2025, and auction notification dated 03.01.2026 to the extent the same relates to the land and property of the petitioner, and for restraining the respondents from proceeding any further with the auction scheduled on 17.01.2026, and for deciding the petitioner's objection dated 17.11.2025 and 29.12.2025.

4. The facts in brief, necessary for disposal of the instant Writ Petition, are as follows :

The petitioner entered into a development agreement with respondent no. 4 (for short, hereinafter referred to as the "Developer") dated 01.10.2011. By the said agreement, the petitioner transferred absolute rights in favour of the developer to develop a Group Housing having multistoreyed buildings, apartments, duplexes, etc. over the land measuring 15545.48 Sq. Mtrs. situated at Village Asaf Nagar, Pargana and Tehsil Roorkee, District Haridwar belonging to the petitioner. Some of the covenants of the agreement, relevant to the controversy at hand, are extracted :

1) The owner hereby accepts the offer of the Developer to promote and/ or develop the said Land situated at Khasra No.256/2 & Khasra No.256/5 admeasuring 1.5545 Heq. Situated at Village Asaf Nagar, Pargana and Tehsil Roorkee, Distt. Haridwar as per the scheme formulated in respect of the premises fully described in the First Schedule hereunder written (hereinafter called "the said premises") and the Developer hereby agrees to promote and develop the same subject to the terms and conditions hereinafter contained.

2) That the owner of the said property has transferred the possession of the Land to the developers after taking the security deposit/ advance of Rs.341.40 Lac and mortgaged the property, besides authorizing the developer to mortgage further. The owner has handed over the possession of the property to the developer.

7) For convenience the following definitions have been incorporated in this agreement:

(b). Owners share shall mean 15% of the net profit after the sale of entire Project.

(d). The Land Cost for all practical purposes is mutually fixed at Rs.380.00 Lacs.

8) Owners obligations:

(a) The owner will execute in favour of the Developer Power of Attorney, if required, granting exclusive right to the Developer to construct the said building in accordance with the plan to be sanctioned without any interference and destruction of the same.

(b) The owner hereby agrees and covenants with the Developers not to cause any interference or hindrance in construction of the said building by the developer.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv6m5zGkjDEk2StNSSRq2eIxvjvI8nSEqaxdPyyuCeJYv&caseno=WPMB/45/2026&cCode=1&cino=UKHC010009382026&state_code=15&appFlag=)

Disclaimer: Curated by HT Syndication.