Smt. Geeta Devi Agrawal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPC No. 1760 of 2019 Smt. Geeta Devi Agrawal W/o Ramdayal Agrawal Aged About 77 Years R/o House No. 323-A, Maharshi Dayanand Marg, Sunder Nagar, Raipur, District Raipur Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through Secretary Housing & Environmental Department, Mahanadi Bhavan, Naya Raipur, , District : Raipur, Chhattisgarh

2. Secretary District Regularization Officer and Joint Director, Town and Country Planning, RDA Building, Infront of Tahsil Office, G.E. Road, Raipur, District Raipur Chhattisgarh.,

3. Collector Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. Commissioner Municipal Corporation Raipur, District Raipur Chhattisgarh.

5. Zone Commissioner Zone No. 3, Municipal Corporation, Mukut Nagar, Raipur, District Raipur Chhattisgarh. --- Respondents 15.05.2019 Mr. Raghavendra Pradhan, counsel for the petitioner. Mr. Avinash Singh, Panel Lawyer, for the State. Mr. Pankaj Agrawal, counsel for respondents 3, 4 & 5. Learned counsel for the petitioner would submit that the petitioner has filed application u/s 14 of the Regularization of Illegal Construction Act, 2002 for regularization of certain construction which is pending consideration. He submits that despite filing of the said application, the Officers of the Municipal Corporation come to the spot and threatens demolition.

A perusal of the record would show that no notice was served to the petitioner as such this petition is premature.

It is directed that if the Municipal Corporation or the Authorities proceed to act under the provisions of the Municipal Corporation Act, the petitioner shall be given due

notice and shall heard before any action is taken. With such observations/direction, this petition stands disposed of Sd/- GOUTAM BHADURI R a o JUDGE