High Court Of ChhattisgarhWPPIL/1/2017dismissed

Nirmal Manik v. State Of Chhattisgarh

2017-01-17Hon'Ble The Chief Justice,Hon'Ble Shri Justice Sanjay Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 1 of 2017 Nirmal Manik S/o Late Vijay Manik, Aged about 57 years, Occupation- Press Reporter, R/o Jabdapara, Sarkanda, P.S.- Sarkanda, District Bilaspur ---- Petitioner versus

1. State of Chhattisgarh Through Secretary, Department of Urban Administration Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (CG)

2. The Director, Town & Country Planning Raipur, P.S.- Rakhi, TehsilAbhanpur, New Raipur, District Raipur (CG)

3. The Joint Director, Town & Country Planning Meena Bazar Colony, Kududand, Mungeli Naka, P.S. Civil Lines, District Bilaspur (CG)

4. The Commissioner, Municipal Corporation, Bilaspur, P.S. Civil Lines, Tehsil Bilaspur, District Bilaspur (CG)

5. The Collector, Bilaspur, District Bilapur

6. Bilaspur Infrastructure Pvt. Ltd., Through its Director, Ashok Agarwal, S/o Late Jagmohan Das Agarwal, Aged about 52 years, R/o Kranti Nagar, P.S. Tarbahar, Tehsil- Bilaspur, District Bilaspur (CG) ---- Respondents For Petitioner :

Shri H.S. Ahluwalia, Advocate For State/Respondents :

Shri Yashwant Singh Thakur, Additional Advocate General Coram:

Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Sanjay Agrawal, Judge Order on Board 17/01/2017

1. This writ petition filed in the public interest is totally misconceived. Admittedly the building, grievance against which has been made, has

already been constructed. If the Petitioner had so much public interest mind, he should have filed the petition when the construction was started because the grievance of the Petitioner is that a commercial structure has been permitted to be set up in a residential area.

2. After the building has been erected, we are not inclined to entertain the writ petition filed in the public interest. Therefore, the writ petition is dismissed. However, we make it clear that if the rights, whether easementary or any other rights of the resident of that area where the building has been constructed, have been affected, such affected persons if they so desire, may take recourse to law and approach the appropriate forum under the law.

Sd/- Sd/- (Deepak Gupta) (Sanjay Agrawal) CHIEF JUSTICE JUDGE vatti