Prakash Rao Kumre v. Municipal Corporation, Raigarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.2187 of 2015

1. Prakash Rao Kumre S/o Prem Singh Kumre, Aged About 45 Years R/o Adarsh Nagar Chamda Godown, Raigarh, District Raigarh Chhattsigarh

2. Sudesh Kumar Lala, S/o Horilal Lala, Aged About 42 Years R/o Tendu Dipa, Ward No. 38, Raigarh District Raigarh Chhattsigarh ---- Petitioner

Versus

1. Municipal Corporation, Raigarh District Raigarh Chhattsigarh

2. Nazul Officer, Nazul Office, Raigarh District Raigarh Chhattisgarh

3. Collector, Collectorate Building, Raigarh, District Raigarh Chhattsigarh ---- Respondent For Petitioners :

Shri Amit Sharma, Adv.

For Respondent No.1 :

Shri Sudeep Agrawal, Adv.

For Respondent No.2 & 3 :

Shri Satish Gupta, Govt. Adv.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 03/02/2016 Heard.

2.

The petitioners have filed this petition seeking direction to respondents to allot small parcel of land for construction of their shops. 3.

Learned counsel submits that the petitioners were earlier allotted shops by the Municipal Corporation under the government scheme of Antya Vyavsayi Sahkari Vikash Yojna. While the petitioners were earning their livelihood from their respective shop allotted under the government scheme, shops were taken back and demolished. The petitioners have alleged that they have no other land or shops to earn their livelihood. He submits that the petitioners having been allotted shops for their welfare under the government scheme, are entitled for consideration of allotment of alternative

plot, if possible, on the same vicinity and area. 4.

On the other hand, learned counsel for the respondent-Corporation submits that the information regarding availability of nazul land in the near vicinity/ behind the existing shops, has already been given to the Nazul Officer vide letter dated 12-122014. 5.

Learned State counsel submits that the petitioners application for allotment of small plots to facilitate them to continue with their business, shall be considered by the Nazul Officer in accordance with law/government policy, as early as possible. 6.

In view of statement made by learned State counsel, there is no need to keep this matter pending.

7.

At this stage, this petition is finally disposed off with a direction to Nazul Officer, Raigarh to consider petitioners application for allotment of land in accordance with government scheme and existing rules and regulations with regard to allotment of nazul land. The decision should be taken within a period of four months from the date of receipt of a copy of this order.

SD/- Manindra Mohan Shrivastava Judge Tumane