By Arun Pratap Singh
Garhwal Post Bureau
DEHRADUN, 18 Jul: Uttarakhand High Court has delivered a scathing indictment of the manner in which the Pinnacle Residency case has been handled, tearing into both the Mussoorie Dehradun Development Authority (MDDA) and the then District Magistrate of Dehradun. Despite MDDA itself rejecting the builder’s application to compound the alleged unauthorised RCC slab constructed at the northern entry of the complex without fire safety clearance and despite passing demolition orders in February 2022, its officials conspicuously failed to muster the courage to carry out demolition in compliance with their own orders. This inaction has allowed the illegal structure to remain standing, directly endangering the lives of 86 families residing in the high‑rise complex.
It may be noted here that Abhijay Negi, Sarang Godbole and Prihansh Mittal were the Advocates for the petitioner in this case while the respondents were represented by their lawyers. The petition was filed by Pinnacle Residency Apartments Owners Association Dehradun. At the same time, Vice Chairman MDDA, Dept of Fire & Emergency Services, Chief Fire Officer, M/s Disha Hospitality Pvt Ltd and Sonika then posted as DM Dehradun are the respondents in the case.
The petition filed by the builder six months after the petition of residents, with the intention to compound (legalise) the unauthorised structure and to pressurize MDDA and the Fire Department has been dismissed by the Court. The Court clarified that MDDA cannot legally approve or compound any unauthorized passage or construction until a valid Fire NOC is obtained.
The Court noted that the then District Magistrate (Sonika), fully aware of MDDA’s demolition order and the repeated objections of the Fire Department, nevertheless directed issuance of a Fire No Objection Certificate to the builder, Disha Hospitality Pvt Ltd, in January 2023. The DM’s order was passed without visiting the site, without calling for fresh reports from fire safety experts, and by relying solely on a video clip produced by the builder. The High Court observed that such reliance on unverified material, while ignoring statutory fire safety audits and expert findings, amounted to a grave abdication of responsibility.
The Fire Department had consistently reported that the RCC slab obstructed the entry of fire tenders and hydraulic platforms, making it impossible for emergency vehicles to access the complex in case of a fire. The MDDA’s own demolition order was based on these findings, yet its officials failed to act on the orders issued by the MDDA in the year 2022. The High Court made it clear that earlier NOCs issued in 2018, when construction had not even begun, could not legitimise later unauthorised structures that posed a direct threat to residents’ safety.
By setting aside the DM’s order, the High Court has placed the matter back before the District Magistrate, directing him to hear all stakeholders afresh and take a lawful decision. The MDDA’s demolition order remains in abeyance until the DM issues his fresh ruling. The judgment is a strong reminder that regulatory authorities cannot shirk their duty, and that administrative officers cannot turn a blind eye to illegal constructions that compromise fire safety and put human lives at risk. The responsibility now rests squarely with the DM Dehradun to decide whether the illegal structure will finally be demolished or whether fire safety clearance will be granted in strict compliance with statutory norms.
However, the Court has placed a temporary hold on the execution of the demolition order previously issued by MDDA until the DM completes the fresh hearing in the matter. The final action to demolish the illegal structure will depend directly on the outcome of the fresh order of the DM. Meanwhile, the sources claim that the builders exercise a lot of influence in the government and the authorities and have been able to keep off the demolition due to this undue influence so far.
