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High Court Of ChhattisgarhWPC/1243/2017disposed off

Smt. Jamna Devi Bhalla v. State Of Chhattisgarh

2017-05-05Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1243 of 2017 Smt. Jamna Devi Bhalla W/o Late Purushotamm Lal Bhalla, R/o H. No. 15, Sarvodaya Colony, Hirapur Road, Tatibandh Raipur Tahsil And District Raipur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Urban Administration, Mantralaya, Naya Raipur, Distt. Raipur Chhattisgarh.

2. The Collector, District Raipur, Chhattisgarh

3. Sub Divisional Officer ( R), District Raipur, Chhattisgarh

4. Municipal Corporation, Raipur, Through Its Commissioner, Distt. Raipur (Chhattisgarh)

5. Zone Commissioner, Municipal Corporation, Raipur, Zone Office No. 8 Mohaba Bazar Raipur (Chhattisgarh) ---- Respondents Shri Parag Kotecha, counsel for the petitioner/s. Shri Dhiraj Wankhede, Govt. Advocate for the State. Shri Satish Gupta, counsel for the Corporation. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/05/2017 The petitioner has challenged notice dated 25/04/2017 by which, the petitioner has been noticed to remove the construction raised without permission. 2.

Learned counsel for the petitioner submits that the petitioner is possessed of building permission but as that itself an old construction, it could not be submitted before the authority.

3.

If that be so, the petitioner should have submitted it before the authorities. The letter of the authority shows that the petitioner could not submit any document, therefore, notice has been issued to remove the construction.

4.

In the interest of justice, the petitioner is granted 15 days' time to submit the building permission, if any with her, to the Zone Commissioner, Municipal Corporation, Raipur. Thereafter, depending upon the production of documents before the authority, appropriate steps may be taken by the authorities in accordance with law.

For a period of 15 days from the date of receipt of copy of this order, demolition shall not take place.

5.

With the said observations, this petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Deepti