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High Court Of ChhattisgarhWPC/2217/2018disposed off

Rajesh Sarkar v. State Of Chhattisgarh

2018-09-24Hon'Ble Shri Justice Prashant Kumar Mishra1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2217 of 2018

1. Rajesh Sarkar S/o Late Shree Narayan Sarkar Aged 54 Years R/o Ramkunj Niwas Bhainsthan, Agresen Marg, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary Urban Administration And Development Department Mantralaya Mahanadi Bhawan, Naya Raipur, Chhattisgarh

2. Chief Executive Officer, The Arpa Special Area Development Authority Bilaspur, District Bilaspur, Chhattisgarh ---- Respondent For Petitioner Shri Faisal Akhtar, Advocate For Respondent/State Shri P.K. Bhaduri, Govt. Advocate Order On Board By Prashant Kumar Mishra, J.

24/09/2018

1. In view of the order passed by this Court in Narayan Prasad & Another v State of Chhattisgarh & Others (WPC No.306 of 2017 decided on 26-10-2017), the order dated 27-11-2017 (Annexure - P/1) refusing No Objection Certificate (NOC) for transaction of sale for the subject land for the reason that the land is coming within the Arpa Special Area Development Authority PPP Scheme is not sustainable, therefore, the order impugned is quashed and the respondent No.2 is directed to grant NOC to the petitioner for transfer of his land(s) within a period of three weeks from the date of presentation of certified copy of this order.

2. Accordingly, the writ petition is allowed in terms of the order passed by this Court in Narayan Prasad (supra).

Sd/- Judge Gowri Prashant Kumar Mishra