M/S Rampuria Builders Limited v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 254 of 2020 M/s Rampuria Builders Limited, Through Its Director- Dinesh Rampuria, Son of Trilokchand Rampuria, Aged About 45 Years, Resident of Rampuria Niwas, Gudhiyari, Raipur, District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Principal Secretary, Department of Housing And Environment Department, Mahanadi Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station: Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh

2. Director, Directorate of Town And Country Planning, Indrawati Bhawan, Naya Raipur, Atal Nagar, Post Office And Police Station: Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh

3. Raipur Development Authority, Chief Executive Officer, Bhakta Mata Karma, Commercial Complex, New Rajendra Nagar, Raipur, Chhattisgarh ---Respondents For Petitioner :

Mr. Goutam Khetrapal, Advocate For State :

Mr. V. R. Tiwari, Addl. A.G.

For Respondent No.3 :

Mr. Animesh Tiwari, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 21.01.2020

1. The grievance of the petitioner in the present writ petition is that the petitioner has a chunk of land at Patwari Halka no.17, Revenue Circle Abhanpur, Tahsil and District Raipur with an intention of developing it as a colony. According to the petitioner, he had purchased these lands from separate land owners by way of registered sale deed and the lands have also been mutated in the name of the petitioner. The petitioner thereafter applied for permission from the respondent no.2 for developing the said land as a colony which too was

sanctioned by the respondent no.2 vide order dated 19.09.2018. However, subsequently, when the petitioner approached the authority concerned for granting permission for construction over the said piece of land, the petitioner was informed that because of a proposed road over the said land, permission could not be granted for construction. According to the petitioner, the respondents should take a decision promptly as to whether they intend to carve out a road on the said land or not. If they do intend to carve out a road, the necessary acquisition proceedings be drawn or else at least the petitioner may be permitted to develop the land as a colony by way of granting permission for starting the construction. According to the petitioner, he has also made representation in this regard to the Department which till date has not been decided.

2. Given the said facts, let the respondent no.1 take a decision on the representation that the petitioner has made making it clear as to whether they intend to construct a road on the said piece of land or whether they intend to acquire the said land by paying compensation to the petitioner. Let this exercise be completed within a period of 4 months from the date of receipt of copy of this order.

3. With the aforesaid direction, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge Khatai