High Court Of ChhattisgarhWPC/270/2017disposed off

Hardeep Singh Rajpal v. State Of Chhattisgarh

2017-02-08Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 270 of 2017

1. Hardeep Singh Rajpal S/o Preetam Singh, Aged About 54 Years Occupation Agriculturist, R/o In Front Of Ware-House, Main Road Korba, District Korba, Chhattisgarh.

2. Gurmeet Kaur, W/o Hardeep Singh Rajpal, Aged About 50 Years Occupation Agriculturist, R/o In Front Of Ware-House, Main Road Korba, District Korba, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Country And Town Planning, Indrawati Bhawan, Mantralaya, P. S. Civil Lines, Raipur, Chhattisgarh.

2. Deputy Director, Town And Country Planning Korba, District Korba, Chhattisgarh.

3. The Commissioner, Municipal Corporation Korba, District Korba, Chhattisgarh.

4. Collector, Korba, District Korba (Chhattisgarh)

5. Pawan Agarwal, S/o Radheshyam Agarwal, Aged About 45 Years R/o Main Road - Sitamani, Korba, District Korba Chhattisgarh. ---- Respondent For Petitioners Mr. Ashutosh Shukla, Advocate For Respondent /State Mr. Ramakant Mishra, Dy. AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 8/2/2017

1. Heard.

2. The petitioners would allege that respondent No.5 is constructing a building adjoining to the petitioners' land,

without obtaining sanction of building plan from the concerned Municipal Corporation or the Department of Town and Country Planning. The petitioners are alleging obstruction in enjoyment of their easementary right.

3. For restraining respondent No.5 in causing obstruction in enjoyment of the petitioners' easementary rights, appropriate remedy for the petitioners lies in filing a properly constituted civil suit. However, if the building itself is raised without obtaining sanction from the concerned Municipal Corporation or Department of Town and Country Planning, the petitioners may raise the issue before the said authorities.

4. If the petitioners move separate representations before the Municipal Corporation, Korba and the Department of Town and Country Planning, Korba, the said authorities shall consider and proceed in accordance with law.

5. The writ petition is accordingly disposed of. Sd/- Judge (Prashant Kumar Mishra) Shyna