Rajesh Agrawal v. State Of Chhattisgarh
-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT APPEAL NO. 632 OF 2015 Smt. Kishori Sharma W/o. Padmanabh Sharma, Aged About 40 Years, Occupation Teacher, R/o. Darripara, Ambikapur, P S. and Post Ambikapur, Civil & Revenue District Surguja (C.G.) WRIT APPEAL NO. 633 OF 2015 Amit Kumar Agrawal S/o Shri Nanhuram Agrawal, Aged About 37 Years, R/o Kundla Vasundara City, Ambikapur, District Surguja (C.G.) Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Dist. Raipur (C.G.) Bhawan, Mantralaya, Naya Raipur, District Raipur (C.G.) Naka, P.S. Gandhinagar, Ambikapur, District Surguja (C.G.) Years, Occupation Colonizer, R/o. Kedarpur, Ambikapur, P.S. Ambikapur, District Surguja (C.G.)
-2WRIT APPEAL NO. 634 OF 2015 Satish Kumar Agrawal (Bansal) S/o Shri Rishiram Bansal, Aged About 33 Years, R/o Kundla Vasundara City, Ambikapur, District Surguja (C.G.) Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Dist. Raipur (C.G.) Bhawan, Mantralaya, Naya Raipur, District Raipur (C.G.) Naka, P.S. Gandhinagar, Ambikapur, District Surguja (C.G.) Years, Occupation Colonizer, R/o. Kedarpur, Ambikapur, P.S. Ambikapur, District Surguja (C.G.) WRIT APPEAL NO. 635 OF 2015 Manoj Agrawal S/o Gyaniram Agrawal, Aged About 44 Years, Caste Agrawal, R/o. Godhanpur, Ambikapur, P.S. and Post Ambikapur, Civil & Revenue District Surguja (C.G.)
-3WRIT APPEAL NO. 636 OF 2015 Ashok Kumar Goyal S/o Shri Rajaram Agarwal, Aged About 40 Years, R/o Ram Mandir Road, Ambikapur, District Surguja (Chhattisgarh), P.S. and Post WRIT APPEAL NO. 637 OF 2015 Krishna Nand Singh S/o Rajendra Bahadur Singh, Aged About 44 Years, Occupation Colonizer, R/o Kedarpur, Ambikapur, P.S. and Post Ambikapur, Civil & Revenue District Surguja (C.G.)
-4WRIT APPEAL NO. 642 OF 2015 Rajesh Agrawal S/o Kapurchand Agrawal, Aged About 44 Years, Caste Agrawal, R/o Rawat Residency Ambikapur, P. S. and Post Ambikapur, Civil & Revenue District Surguja (C.G.) Mr. Sunil Otwani, Mr. S.C. Verma, Mr. Manoj Paranjpe, Mr. Amrito Das and Mr. Hari Agrawal, Advocates, for the respective Petitioner. Mr. Prafull Bharat, Additional Advocate General, for Respondent-State. Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri Justice P. Sam Koshy Judgment on Board Per NAVIN SINHA, C.J.
10/12/2015 The present appeals arise from order dated 19.11.2015 in Writ Petition (C) No. 1767 of 2015.
The Learned Single Judge disposed the writ petition in terms of the State Government's letter dated 4.7.2012 addressed to the Commissioner, Municipal Corporation, Ambikapur, for taking necessary action in accordance with the directions regarding illegal constructions.
-5Writ Appeal No. 637 of 2015 arises from the above writ petition. The other appeals have been preferred directly by the house owners on the plea that it is their residential houses which are at stake and they were neither impleaded as parties or heard in the matter. Prayer has been made orally to grant leave to appeal. We dispense with the requirement of a formal application for the purpose otherwise required, in view of the urgency concerning residential houses of the Appellants. The Stamp Reporter is however expected to be careful in future with regard to such defects.
We have considered the submissions on behalf of the Appellants and the Additional Advocate General.
It is not considered necessary to issue notice to Respondent No.6 because the order dated 4.7.2012 has not ordered for any demolition, but simply directs to take steps in accordance with law under the Chhattisgarh Municipal Corporation Act, 1956 (hereinafter called 'the Act') regarding offending constructions.
Needless to state that the Respondent authorities are therefore obliged to proceed strictly in accordance with Sections 293, 300 and other relevant provisions of the Act mandating notice and hearing to the concerned before passing any final orders including the right to appeal by the aggrieved culminating in any final orders. The question of any demolition till this statutory procedure is not complied and completed simply does not arise.
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The appeals are disposed in the aforesaid terms. Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) /sharad/ Chief Justice Judge