Alok Dubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Review Petition No. 78 of 2016 Alok Dubey S/o Late Shri T.N.Dubey, aged about 50 years, Councilor Nagar Palik Nigam, Ambikapur, Resident of Shivayan Villa, Pratappur Naka, PS Gandhinagar, Ambikapur, Revenue and Civil District Surguja, (Chhattisgarh) ---- Applicant

Versus

1. State of Chhattisgarh, Through Secretary, Urban Development Department, Mahanadi Bhawan, New Mantralaya, District Raipur, Chhattisgarh.

2. The Commissioner, Urban Development Department, Mahanadi Bhawan, New Mantralaya, District Raipur, Chhattisgarh.

3. The Joint Director, Town & Country Planning, Ambikapur, District Surguja, Chhattisgarh.

4. The Collector, Ambikapur, District Surguja, Chhattisgarh.

5. The Commissioner, Municipal Corporation, Ambikapur, District Surguja, Chhattisgarh.

6. Krishna Nand Singh S/o Rajendra Bahadur Singh, aged about 44 years, Occupation Coloniser, Resident of Kedarpur, Ambikapur, PS & Post Ambikapur, Civil and Revenue District Surguja, Chhattisgarh. --- Respondents For Applicant : Shri Sunil Tripathi, Advocate.

For Respondent/State : Shri R.K.Gupta, Deputy Advocate General. Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Order on Board Per Navin Sinha, Chief Justice /05/2016 1.

The present application has been filed to review the order dated 10.12.2015 in a batch of writ appeals including Writ Appeal No. 637 of 2015. 2.

IA No. 1 of 2016 has been filed to condone delay of 106 days in preferring the review application.

3.

Learned Counsel for the Appellant submits that he was the writ petitioner. While modifying order of the Learned Single Judge, he was not heard in the

appeal and therefore, he could not be aware of the order. 4.

Learned Counsel for the State points out that this Court has not modified the order but only directed that the Respondent-Coporation shall act in accordance with law by compliance with principles of natural justice before demolition.

5.

The review application is completely misconceived. We have not modified the order of Learned Single Judge but only clarified that it is to be done in accordance with law and compliance of statutory provisions. 6.

Delay is condoned. The Review application is dismissed. Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Anu