Shobhraj Nagwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 437 of 2017 • Shobhraj Nagwani, S/o Shri Kundan Lal Nagwani, Aged About 53 Years, R/o Bajrang Nagar, Chirhuldih Ward, Raipur, Civil & Revenue District Raipur.

Versus

Raipur.

2. The Collector, District Raipur.

3. Municipal Corporation, Raipur, Through Its Commissioner, Raipur.

4. The Commissioner, Municipal Corporation Raipur. ---- Respondent And WPC No. 438 Of 2017 • Deepak Agrawal S/o Shri Girdhari Lal Agrawal, Aged About 49 Years, R/o 16/19, Bajrang Nagar, Near Water Tank, Aamapara, Raipur. Civil & Revenue District Raipur (Chhattisgarh)

2. The Collector, District Raipur (Chhattisgarh) ---- Respondent And WPC No. 439 Of 2017

• Shiv Lal Sahu S/o Shri Latel Sahu, Aged About 48 Years, R/o Bajrang Nagar, Chirhuldih Ward, Raipur. Civil & Revenue District

1. State Of Chhattisgarh Through Its Secretary,

2. Department Of Town & Country Planning, Mantralaya, Mahanadi Bhawan, Naya Raipur (Chhattisgarh)

3. The Collector, District Raipur (Chhattisgarh)

4. Municipal Corporation, Raipur, Through Its Commissioner, Raipur

5. The Commissioner, Municipal Corporation Raipur, Chhattisgarh ---- Respondent And WPC No. 440 Of 2017 • Punaram Sharma S/o Shri Kunjal, Aged About 54 Years R/o Lakhe Nagar, Raipur, Civil & Revenue District Raipur

2. The Collector, District Raipur (Chhattisgarh) ---- Respondent And WPC No. 455 Of 2017 • Smt. Meera Bai W/o Shri Kishan Lal, Aged About 42 Years R/o Bajrang Nagar, Chirhuldih Ward, Raipur. Civil & Revenue District

2. The Collector, District Bilaspur (Chhattisgarh) ---- Respondents For Petitioners Shri B. P. Sharma, Advocate For Respondent-Stat Shri U. N. S. Deo, GA For Respondent-Corporation Shri Pankaj Agrawal, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 23/02/2017 1.

Petitioners have preferred these writ petitions seeking restrain order against the respondent authorities from demolishing their respective shop and house.

2.

Shri Pankaj Agrawal, learned counsel for the Corporation, on advance copy, would submit that the petitioners have preferred these writ petitions on apprehension without there being any actual threat of demolition of their shop/house. He would further submit that as and when the Corporation initiates action for demolition of the petitioners' shop/house, if already not demolished, principles of natural Justice would be followed.

3.

In view of the above statement made by the learned counsel appearing for the Corporation, all the writ petitions are disposed of.

4.

It is made clear that at present this Court is not passing any order for rehabilitation of the petitioners, however, the Corporation may consider petitioner's prayer for rehabilitation in accordance with law and on its own merits.

Sd/- Judge Prashant Kumar Mishra Nirala