Smt. Aasha Devi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1252 of 2017 Smt. Aasha Devi, aged about 60 years W/O Shri Triloki Singh R/o Ganpat Chowk, Hirapur, Post - Tatibandh, Raipur, Tah. And Distt.-Raipur (CG) ---- 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 This petition has been filed by the petitioner aggrieved by notice dated 26/04/2017 by which the respondent / Corporation has directed the petitioner to remove the construction raised without permission or against permission. 2.

Learned counsel for the petitioner submits that the petitioner has submitted relevant document which included permission also but the competent authority has not examined the same and has passed the order. According to the petitioner, the map annexed with the petition incorporates building permission granted by the Corporation.

3.

Learned counsel for the Corporation submits that this would require examination and scrutiny.

4.

In view of above submission, it would be proper to afford the petitioner, one opportunity of hearing, to satisfy the Corporation that she was granted building permission and that she has raised construction in accordance with the building permission. For this purpose, 15 days' time is granted to the petitioner. The Corporation shall examine the records and reply of the petitioner and shall act 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 observation, this petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Deepti