Syed Haidar Raza v. Municipal Corporation, Raipur

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2330 of 2015

1. Syed Haidar Raza S/o Late S.M. Raza, Aged About 49 Years

2. Smt. Badar Fatima, W/o Syed Haidar Raza, Aged About 42 Years Both resident of Giri Chowk, Momin Para, Tatyapara Ward, P.S. Azad Chowk, Raipur, Civil District And Revenue District Raipur, (Chhattisgarh) ---- Petitioner

Versus

1. Municipal Corporation, Raipur Through Its Commissioner, Municipal Corporation, Raipur, (Chhattisgarh)

2. Zone Commissioner, Zone No.7, Municipal Corporation, Raipur. ---- Respondent For Petitioners : Shri AK Prasad, Advocate.

For Respondents : Shri Pankaj Agrawal, Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 23/12/2015

1. The petitioners are challenging the notice issued by the Municipal Corporation, Raipur under Section 307 of the Municipal Corporation Act, 1956. By the said notice, the petitioners have been directed to remove unauthorized construction.

2. Shri Agrawal, learned counsel for the respondents appearing on advance

notice would submit that the petitioners have moved an application for compounding on 4.12.2015 and 21.12.2015 which is pending consideration before the authority.

3. Let the Municipal Corporation take a decision in the matter within a period of 2 months after affording opportunity of hearing to the petitioners. Till the application for compounding remains pending before the Corporation, the subject construction shall not be demolished.

4. The writ petition is accordingly disposed of. CC today.

Sd/- Judge (Prashant Kumar Mishra) Barve