High Court Of ChhattisgarhWPC/2435/2017disposed off

M/S Home Plus Builders v. State Of Chhattisgarh

2017-09-06Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.2435 of 2017 M/s Home Plus Builders A Proprietorship Firm, Through : Its Sole Proprietor Namely Raghvendra Das Vaishnav, S/o . Late Narendra Das Vaishnav, Aged About 52 Years, R/o Anushtha Residency Colony, Junwani, Police Station Durg, Tahsil and District Durg Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Town And Country Planning, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.

2. Director, Town And Country Planning, Chhattisgarh Raipur, District Raipur Chhattisgarh.

3. Joint Director, Town And Country Planning, Regional Officer, Durg, District Durg Chhattisgarh.

4. Deputy Director, Town And Country Planning, Durg, District Durg Chhattisgarh.

5. Municipal Corporation, Bhilai Though : Its Commissioner, Municipal Corporation Bhilai, District Durg Chhattisgarh.

6. Commissioner, Municipal Corporation, Bhilai, District Durg Chhattisgarh.

7. Collector, Durg District Durg Chhattisgarh.

8. Anushtha Residential Society, Junwani, Khamhariya Road, Bhilai, Through The President Mr. Kapinjal Sharma, S/o Late Gendalal Sharma, Aged About 68 Years, R/o Plot No. 05 , Anushtha Residency, Khamariya Road, Ward No. 1 Bhilai, District Durg Chhattisgarh.

--- Respondents For Petitioner : Mr. Amrito Das, Advocate For State : Mr. Prasun Bhaduri, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 06/09/2017 (1) Learned counsel appearing for the petitioner would submit that

the petitioner has made application for regularization the unauthorized construction raised by him before the Secretary, District Regularization Officer, Bhilai Nagar Nigam Area, District Durg on 29.07.2017. The same has not been considered and decided till now and thereafter, on 23.08.2017 show-cause notice has been issued by Commissioner, Municipal, Corporation, Bhilai for demolition of superstructure, which is illegal.

(2) I have heard learned counsel for the petitioner. (3) Be that as it may, the competent authority i.e. respondent No.2 and the Committee both are directed to dispose of the petitioner's application for regularization the unauthorized construction, expeditiously preferably within a period of one month from today. (4) Till then, no coercive steps shall be taken against the petitioner in that regard.

(5) With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

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