High Court Of ChhattisgarhWPC/1950/2017disposed off

Subhah Soni v. Municipal Corporation Raipur

2017-07-18Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (C) No.

of 201

1. Subhash Soni, S/o Late Shri Mangilal Soni, aged about 34 years, R/o Shyam Talkies Chowk, Budhapara, Raipur, District Raipur (C.G.)

2. Shiv Kumar Soni, S/o Late Shir Jagram Soni, aged about 52 years, R/o Shyam Talkies Chowk, Budhapara, Raipur, District Raipur (C.G.)

3. Santosh Devi Soni, W/o Late Shir Mangilal Soni, aged about 62 years, R/o Shyam Talkies Chowk, Budhapara, Raipur,District Raipur (C.G.)

4. Tulsi Bai Soni, W/o Late Shri Jagram Soni, aged about 84 years, R/o Shyam Talkies Chowk, Budhapara, Raipur, District Raipur (C.G.) ---- Petitioners

Versus

1. Municipal Corporation, Raipur, through its Commissioner, Municipal Corporation, Raipur (C.G.)

2. Commissioner, Municipal Corporation, Raipur (C.G.)

3. Zone Commissioner, Zone No. 7, Municipal Corporation, Raipur (C.G.) ---- Respondents For Petitioners : Mr. Bhaskar Pyashi, Advocate. For Respondents : Mr. H.B. Agrawal, Senior Advocate assisted by Mrs. Preeti Yadav, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /07/201 (1) Learned counsel appearing for the petitioner would submit that as the impugned order regarding demolition has been passed by the Commissioner, Municipal Corporation, Raipur / Appellate Authority under Section 403 of the M.P./C.G. Municipal Corporation Act, 1956 (for short "Act, 1956") , he may be

allowed to prefer appeal along with application for grant of stay before the appellate authority in light of provisions contained in Section 403 of the Act, 1956 on or before 24th July, 2017 and same may be directed to be decided expeditiously.

(2) Prayer appears to be fair & reasonable.

(3) Accordingly, it is directed that appellate authority would consider and dispose of the appeal by 28th August, 2017 after hearing the affected parties. (4) At this stage, counsel for the petitioner would submit that the petitioner's building is now sealed.

(5) Accordingly, it is directed that till the appeal is decided finally, the petitioner's building shall not be demolished. (6) With the aforesaid observations, the writ petition stands finally disposed of.

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