Shankarlal Marisha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 25 of 2017

1. Shankarlal Marisha S/o Late Shri Motilal Marisha, Aged About 39 Years

2. Bhanuram Verma, S/o Late Shri Jagmohanlal Verma, Aged About 62 Years

3. Nanhuram Marisha S/o Late Shri Siyaram Marisha, Aged About 74 Years All are R/o Village And Post Siltara Via Mandhar, Police Station Dharsiwan, District Raipur Chhattisgarh 493111 ---- Petitioners

Versus

1. State of Chhattisgarh Through The Secretary, Panchayat Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh

2. Chief Secretary, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh

3. Chhattisgarh Environment Conservation Board, Through The Chairman, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh

4. Collector, Raipur, District Raipur, Chhattisgarh

5. Chief Executive Officer, Jila Panchayat, Raipur, District Raipur Chhattisgarh

6. Chief Executive Officer, Janpad Panchayat, Dharsiwan, District Raipur Chhattisgarh

7. Gram Panchayat, Siltara Through The Secretary, Village And Post Siltara, Janpad Panchayat Dharsiwan, District Raipur Chhattisgarh

8. Sarpanch, Gram Panchayat, Siltara, Village And Post Siltara, Janpad Panchayat Dharsiwan, District Raipur Chhattisgarh ---- Respondents For Petitioner : Shri Sumesh Bajaj, Advocate.

For Respondent/State : Shri A.S.Kachhwaha, Additional Advocate General For Respondent No. 3 : Shri Sudhir Kumar Bajpai, Advocate.

For Respondent No.7&8 : Shri Bhaskar Payashi, Advocate.

Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Pritinker Diwaker, Judge Order on Board Per Ajay Kumar Tripathi, Chief Justice 16/07/2018 1.

Since the Atal Samrasta Bhawan has already been constructed and completed, which is said to be in the school premises itself, it will not be in the interest of anybody to now order its demolition. 2.

Let it be made clear that the community center in question will be made available for the utility of the school as well for cultural functions etc. as is the stand of the Respondent-State in their counter-affidavit. The community center shall be made available for use only of public when the school is not in session or when there is a long recess or holidays in the school so that the studies of the children is not disturbed in any manner.

3.

The writ application stands disposed off. The security deposit of Rs. 5000/- made to the High Court be refunded to the Petitioners. Sd/- Sd/- (Ajay Kumar Tripathi) (Pritinker Diwaker) CHIEF JUSTICE JUDGE Amit