Confederation Of Real Estate Developers Associations Of India Credai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (PIL) No. 120 of 2017

1. Confederation of Real Estate Developers Associations of India (CREDAI) Bilaspur, Office at M/s Geetanjali Constructions, Nehru Nagar, Bilaspur, District Bilaspur, Chhattisgarh, through Mr. Brijesh Sahu, S/o Late Shri M. R. Sahu, aged about 56 years, R/o Geetanjali Constructions, Nehru Nagar, Bilaspur, District Bilaspur, Chhattisgarh

2. Indian Medical Association, Bilaspur, Office at IMA House, CMD Square, Bilaspur, District Bilaspur, Chhattisgarh, through Dr. Nitin Juneja, S/o Dr. P. L. Juneja, aged about 41 years, R/o near Career Point, Dayalband, Bilaspur, District Bilaspur, Chhattisgarh

3. Bilaspur Sub Centre, Indian Institute of Architects, Office at C/o Ar. Nirmal Agrawal, Agrasen Chawk, Bilaspur Chhattisgarh, through Mr. Nirmal Agrawal, S/o Late Shri S. K. Agrawal, aged about 55 years, R/o Agrasen Chowk, Bilaspur, District Bilaspur, Chhattisgarh

4. Bilaspur Press Club, Office at Raghvendra Rao Sabha Bhawan Parisar, Bilaspur Chhattisgarh, through Mr. Tilakraj Saluja, S/o Late Mela Ram Saluja, aged about 64 years R/o near Shitla Mandir, Dayalband, Bilaspur, District Bilaspur, Chhattisgarh,

5. Bilaspur Merchant Association. Office at Sonthalia Agencies, Vyapar Vihar, Bilaspur, Chhattisgarh through Mr. Sunil Sonthalia, S/o Late Shri Inder Lal Sonthalia, aged about 55 years, R/o B/20, Zone 2, Vyapar Vihar, Bilaspur, Chhattisgarh ---- Petitioners

Versus

1. State of Chhattisgarh through the Secretary, Housing and Environment Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh

2. Director, Town and Country Planning, Chhattisgarh, Directorate of Town and Country Planning, Indravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh

3. Joint Director, Town and Country Planning Collectorate Campus, Bilaspur, District Bilaspur, Chhattisgarh.

---- Respondents For Petitioners :

Mr. Sumesh Bajaj, Advocate For Respondent/State :

Mr. Prafull N. Bharat, Additional Advocate General Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Justice P. Sam Koshy Order on Board Per Thottathil B. Radhakrishnan, Chief Justice

/03/2018 This is a public interest litigation filed seeking a time bound finalization of development plan for Bilaspur planing area. The matter falls under the Town Planning Law.

2.

We have heard the learned counsel for the petitioners and the learned Additional Advocate General.

3.

While the learned counsel for the petitioners stands to assert that the town planing scheme has been finally approved and all that remain is to notify it in the gazette, it emerges during the course of the submissions that the so called final version has itself been modified and the revised final version of the development plan has come into being.

4.

If that be so, that has to be published in the gazette in terms of Section 19 (4) of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973. We record the submission on behalf of the State Government that such publication will be carried out within an outer limit of six weeks from now without fail. Recording so, it is directed that let such publication be carried out without fail.

5.

The writ petition ordered accordingly.

Sd/- Sd/- (Thottathil B. Radhakrishnan) (P. Sam Koshy) CHIEF JUSTICE JUDGE Bhola