Smt. Manju Devi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.2704 of 2017

1. Smt. Manju Devi, W/o Suresh Prasad Singh, aged 56 years, R/o D9 Staff Quarter, Guru Ghasidas University, Koni, Bilaspur, Tahsil & District Bilaspur (CG).

2. Dr. Brajesh Patel, S/o Suresh Prasad Singh, aged 37 years, Occupation Professional (Doctor), R/o D-9 Staff Quarter, Guru Ghasidas University, Koni, Bilaspur, Tahsil & District Bilaspur (CG).

3. Dr. Tripti Singh, D/o E.N. Singh, aged 27 years, Occupation Professional (Resident Doctor), R/o E-22 Alka Avenue, Uslapur, Bilaspur, Tahsil & District Bilaspur (CG).

---- Petitioners

Versus

1. State of Chhattisgarh, Through the Secretary, Department of Urban Administration & Development, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur (CG).

2. Municipal Corporation, Bilaspur, through the Commissioner, Municipal Corporation, Bilaspur, District Bilaspur (CG).

3. Commissioner, Municipal Corporation, Bilaspur, District Bilaspur (CG).

4. Building Officer, Municipal Corporation, Bilaspur, District Bilaspur (CG).

5. Superintendent of Police, Bilaspur, Distt. Bilaspur (CG)

6. Station House Officer, Police Station Civil Lines, Bilaspur, Distt. Bilaspur (CG).

7. Gopal Thakur, Engineer, Municipal Corporation, Bilaspur, District Bilaspur (CG).

---- Respondents For Petitioners:

Mr. Rajeev Shrivastava, Advocate.

For State/Respondents No.1, 5 and 6: - Mr. Shashank Thakur, Govt. Advocate.

For Respondents No.2 to 4:

- Mr. A.S. Kachhawaha, Advocate.

For Intervener:

Mr. Mateen Siddiqui, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 23/10/2017

1. Learned counsel for the petitioners submits that the petitioners be granted six months' time to vacate the subject premises and they would also remove the unauthorised construction, as alleged by the Municipal Corporation. Therefore, six months' time be granted.

2. I have heard learned counsel for the parties including the intervener.

3. In the considered opinion of this Court, six months' time would be sufficient to vacate the premises as well as to remove the unauthorised construction as alleged by the Municipal Corporation. Accordingly, six months' time up to 23-4-2018 is granted to the petitioners to vacate the premises as well as to remove the alleged construction. The subject premises shall be vacated on or before 23-4-2018 and till then no coercive steps shall be taken by the Corporation. The petitioners will file affidavit / undertaking before the Municipal Corporation within two weeks from today to this effect.

4. The writ petition stands finally disposed of with the aforesaid observation. No order as to costs.

Sd/- (Sanjay K. Agrawal) Judge Soma