Susan S Daniel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2630 of 2019 • Susan S Daniel W/o Shri S Daniel Aged About 44 Years R/o L I G 47A, Housing Board Colony, Tilak Nagar, Gudhiyari, Raipur Chhattisgarh ---- Petitioner

Versus

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

2. The Municipal Corporation Raipur Through Commissioner, Having Office At White House, Municipal Corporation Office, Raipur Chhattisgarh

3. The Zone Commissioner Zone No.1, Municipal Corporation Raipur, Santoshi Nagar Khamtarai, Raipur Chhattisgarh

4. Chhattisgarh Housing Board Through Estate Officer, Kabir Nagar, Raipur Chhattisgarh ---- Respondents For Petitioner :

Shri Shishir Dixit, Advocate For Respondents/State :

Shri Sudhir Sahu, PL For Respondents No.2 & 3 :

Shri Arvind Shrivastava, Advocate For Respondent No.4 :

Shri Sanjay Patel, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/09/2019

1. Heard.

2. The instant petition is filed to stop the encroachment over the land of the petitioner and to raise any construction by the Municipal Corporation, Raipur.

3. The reply of the Municipal Corporation, it is stated that since the petitioner's

land was adjacent to the open government land wherein garden was proposed, therefore, because of bonafide mistake the construction of boundary wall travelled to the private property of the petitioner. The clarification has been obtained and having realized the mistake, the boundary wall has been removed.

4. Considering the reply filed by the Municipal Corporation, Raipur, no further adjudication would be required in view of the submission made that since the construction over the land of the petitioner has been stopped, the petition is disposed of. However, the petitioner shall be at liberty to approach this Court if in future any cause of action so arises.

Sd/- Goutam Bhaduri Judge Ashu