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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 1869 of 2024
Harish Rathore S/o Shri Maliram Rathore Aged About 65 Years
R/o Jabdapara, Sarkanda, P.S. Sarkanda, District Bilaspur (C.G.). ---- Petitioner
Versus
1. State of Chhattisgarh, Through The Secretary, Urban Administration and Development,
Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur (C.G.).
2. The Commissioner, Municipal Corporation, Bilaspur, District Bilaspur (C.G.) .
3. The Zone Commissioner, Zone No. 7, Municipal, Corporation, Bilaspur, District Bilaspur
(C.G.)
4. The Building Officer, Municipal Corporation, Vikas Bhawan Nehru Chowk, Bilaspur,
District Bilaspur (C.G.)
5. The Collector, Bilaspur, District Bilaspur (C.G.)
6. The Director, Town and Country Planning, Bilaspur, District Bilaspur (C.G.).
---- Respondents
(Cause Title is taken from Case Information System)
For Petitioner : Mr. Goutam Khetrapal, Advocate
For State/Respondents No.1,5 & 6 : Mr. Akhilesh Kumar, Government Advocate
For Respondents No.2 to 4 : Mr. Ashutosh Trivedi, Advocate
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
30.03.2024
1) By way of this petition, the petitioner has sought following relief(s):-
10.1. That, this Hon’ble Court may kindly be pleased to
call the entire records pertaining to case of the petitioner.
10.2 That, this Hon’ble Court may kindly be pleased to
issue an appropriate writ, thereby setting-aside the
impugned notice dated 28.03.2024 (Annexure P/1) and
further be pleased to direct the respondent authorities not
to take any coercive step against the petitioner pursuant
to the impugned notice.
10.3 That, any other relief/order which may deem fit and
just in the facts and circumstances of the case including
award of the costs of the petition may be given.”
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2) The petitioner has filed this petition against the notice dated 28.03.2024
issued under Section 307 (3) of the Chhattisgarh Municipal Corporation
Act, 1956 (for short, the Act, 1956) by the Building Officer, Municipal
Corporation Bilaspur, whereby the petitioner has been granted 24 Hrs time
to remove the illegal construction which was raised contrary to the
sanctioned map by him.
3) At the very outset, learned counsel for the petitioner would admit this fact
that parking space was not left according to the sanctioned map and the
petitioner is ready to modify the construction raised by him within a period
of 3 weeks strictly in accordance with the map sanctioned by the Municipal
Corporation, Bilaspur.
4) On the other hand, learned counsel appearing for the respondents would
oppose the submission made by the learned counsel for the petitioner.
They would submit that the petitioner should not be granted more than 1
week time to remove the illegal construction.
5) I have heard learned counsel for the parties and perused the documents.
6) From a perusal of the documents, it appears that the lease was granted
pertaining to the survey No. 1081/7, admeasuring 2377 sq ft. vide order
dated 20.01.2023 and it got registered on 18.01.2023 and the map was
sanctioned on 24.02.2023 and according to the map, the petitioner should
have left 123 sq mtr. parking space, but the petitioner in contravention to
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the sanctioned map, raised construction at the given parking place. Notice
was issued on 15.04.2024, in turn, the petitioner made a representation for
regularization of illegal construction, which has been rejected by the
Municipal authorities vide order dated 28.03.2024 and 24 hrs time was
granted to remove such illegal construction.
7) Taking into consideration the submission made by the learned counsel for
the petitioner as the petitioner is ready to remove/alter the illegal
construction within a period of 3 weeks, the petition at this juncture is
hereby disposed of and the petitioner is granted 3 weeks’ time to
remove/alter the illegal construction strictly in accordance with the
sanctioned map.
8) For a period of 3 weeks, no coercive action shall be taken against the
petitioner or building, pursuant to the notice dated 28.03.2024.
9) With the aforesaid observation(s) and direction(s), the instant petition is
hereby disposed of. No cost(s).
10) Mr. Ashutosh Trivedi, learned counsel appearing for the Municipal
Corporation, Bilaspur is directed to immediately communicate this order to
the concerned authorities.
Sd/-
(Rakesh Mohan Pandey)
Judge
Nadim