Zaki Ahmed v. Municipal Corporation, Raipur And ORS.

@

IN THE HIGH COURT OF CHHA'ITISGARH AT BILASPUI;

WRIT PETITION (C) No.

33 § /2015 PETITIONER Zaki Ahmed, S/o Late Abdul Salam, aged years, R/o Baijnathpgra, Near'

§ %l\about 5'"

y Evergreen Chowk, Sirat Maidan Road, Mohd.

Abdul Rauf Ward_ No.41, DismaRaipur (C.G.) RESPONDENTS Municipal Corporation, Raipur through Commissioner, Municipal Corporation, Raipur, Dismcmaipur (CG) 2.

Zone Commissioner, Zone-No.7, Municipal Corporation, Rajpur, Iajstambh Chowk, In Front of Post office, Old Head office, Malviya Road, Raipur (CG) 3.

Abdul Abrar, Shiv Mandir Street, Maudahapara, District-Raipur (C.G.) LVRIT PETITION UNDER ARTICLE 226 OE THE \ CONSTITUTION OF INDIA

HIGH COURT OF CHHATTISGARH : BILASPUR \ W.P=(Ci No.339 of 2915 ff» ETITIONER Zaki Ahmed P

Versus

ESPONDENTS Municipal Corporation and others 'ble Shri Justice Prashant Kumar Mishra Present :- Shri Chandresh Shrivastava, Single Bench : Hon ,,________________-____________._.__ _______________________ Advocate for the petitioner.

Shri H.B.

Agrawai, Sr. Advocate with Ms. Preeti Yadav, Advocate for the respondents, '

ORA'L ORDER a r (Passed'tkon this 26th Day of February, 2015) Heard learned counsel for the parties.

Learned counsel for the petitioner would submit that the respondent Corporation issued the notices under Sections & of the Chhattisgarh Municipal Corporation Act, j956 (for short, the 'Act, 1956') on 26.04.2013; under Section 307

(2) of the Act, 1956 on 06.06.2013 and under Section/307 (3) on 03.07.2013, to which the petitioner submitted reply, butLLWithout giving any opportunity of hearing and» passing any orders thereon, the impugned hnal notice (AnneXure-P-1) has been issued threatening the petitioner that if the subject alleged illegal construction is not removed, the same shall be demolished.

Shri Agrawal, learned Senior counsel appearing for respondent Corporation, would submit that the petiti oner shall be heard and.

necessary orders, after considering his reply, shall be passed within 15 days. He would submit that demolition shall take place only after hearing the petitioner and passing orders on the reply submitted by him. ¥,2K x 'I'I

3.

Considering the above, the writ petition is disposed of in terms of submission made by Shri Agrawal, learned senior Advocate. Sd//- Prashant Kumar Mishra Judge Kamde