High Court Of ChhattisgarhWPC/2117/2017disposed off

Smt. Chana Devi v. State Of Chhattisgarh

2017-07-31Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.2117 of 2017 Smt. Chana Devi Wd/o Late Shri Pashupatinath Yadav Aged About 56 Years R/o Ganpat Chowk Hirapur, Ring Road No. 2, Mahabobazar Road Raipur, Tahsil & District- Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through: The Secretary, General Administration Department And Urban Development, Mahanadi Bhawan, Mantralaya, Naya Raipur, P.S. Rakhi, Tahsil & District Raipur, Chhattisgarh

2. The Collector, Raipur, District Raipur, Chhattisgarh

3. The Municipal Corporation, Raipur, Through The Commissioner, Municipal Corporation, Raipur, District Raipur, Chhattisgarh

4. The Public Works Department, Chhattisgarh through: The Chief Engineer, Raipur Division, Raipur, District- Raipur, Chhattisgarh --- Respondents For Petitioner : Mr. Satish Chandra Verma, Advocate For State/Respondents : Mr. Arun Sao, Dy.A.G. and Mr. Pankaj Agrawal, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 31/07/2017 (1) Heard.

(2) Learned counsel appearing for the parties would submit that issue raised in this writ petition is covered by order dated 19.05.2017 passed in Writ Petition (C) No.1486 of 2017 (Smt. Fulmani Diwaker & Others Vs. State of Chhattisgarh & Others), in which, this Court has observed as under:-

"5. In view of the aforesaid statement made by learned counsel for the respondent-Corporation, this petition is finally disposed off, with a direction to the respondent authority to examine the documents submitted by the petitioners and then only, the Corporation would act in accordance with law.

6. It goes without saying that the respondent authority would be at liberty to take action against the petitioners, if they have constructed building without due permission or in violation of permission, for which, application for regularization is rejected or their construction is found beyond their own land. In any case, if land of the petitioners are required for widening of the road or any other public purpose, their lands can be taken only in accordance with the prescribed procedure under the law." (3) Accepting the submission of learned counsel for the parties, this writ petition is disposed of in similar terms of Writ Petition (C) No.1486 of 2017 .

SD/- (Sanjay K. Agrawal) Judge L/-