Rajesh Naidu And ORS. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 830 of 2015

1. Rajesh Naidu S/o Shri M.S.Naidu Aged About 47 Years R/o Maharani Ward, Jagdalpur (Chhattisgarh)

2. Om Prakash Rao S/o Late K. Samulu Aged About 34 Years R/o Chitrakote Road, Dalpat Sagar Ward Jagdalpur, (Chhattisgarh)

3. Vijay Shankar Nag S/o Late Haddi Ram Nag, Aged About 40 Years R/o Chitrakote Road, Dalpat Sagar Ward Jagdalpur, (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration & Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, (Chhattisgarh)

2. Directorate Of Town & Country Planning, Through The Director, Head Office At Indiravati Bhawan, Block No.4, III rd Floor, Naya Raipur, District Raipur, (Chhattisgarh)

3. The Deputy Director, Town & Country Planning, Regional Office Jagdalpur, District Bastar, (Chhattisgarh)

4. The Collector, District Bastar, (Chhattisgarh)

5. The Municipal Corporation Jagdalpur, Through Its Commissioner, Municipal Corporation Jagdalpur, District Bastar, (Chhattisgarh) ---- Respondents For Petitioners :

Shri B.P. Sharma, Advocate For Respondent/State :

Shri S.P. Kale, Dy.A.G.

For Respondent No.5 :

Ms. Pushpa Dwivedi, Advocate Order On Board 23/09/2015 Heard.

1. The petitioners through this petition have prayed for direction to the respondents to modify the revised Development Plan of 2021 to make it in accordance with earlier Development Plan of 2001.

2. After filing of reply by the respondents and disclosure of information under Right to Information Act, learned counsel for the petitioners submitted that the petitioners'

representation for appropriate modification needs consideration by due application of mind by the competent authority namely Director, Town & Country Planning, State of Chhattisgarh.

3. Learned counsel for the State submits that if such representation has been made to the Director of Town & Country Planning, the same shall be considered and decided in accordance with the statutory scheme of Chhattisgarh Nagar taha Gram Nivesh Adhiniyam, 1973 ( in short "the Act of 1973"), as early as possible.

4. Placing on record the aforesaid submission of learned counsel for the State, this petition, at this stage, is disposed off with a direction to respondent No.2 to decide the objection/representation of the petitioners by following the procedure prescribed under the Act of 1973 expeditiously, preferably within a period of 6 months from the date of receipt of copy of this order. Sd/- (Manindra Mohan Shrivastava) Judge Praveen