S.R.NAYAK, SATISH K.AGNIHOTRI
KUMARI BAI – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
( 1 ) IN these writ petitions the constitutional validity of Section 401 of Chhattisgarh Municipal Corporation act, 1956 (for short 'the Act') has been questioned so far it takes away the right of an aggrieved person of approaching the Court of law by filing Civil Suit of appropriate nature to obtain immediate and urgent relief without serving the statutory notice as required under sub-section (1) of that Section.
( 2 ) THE facts of the case leading to filing of these writ petitions be noted in the first instance and they, in brief, are as follows : in Writ Petition No. 1797 of 2005 the petitioners are the owners of a roof of a building situate at M. G. Road, Raipur having acquired the same under a sale-deed dated 24-5-2000. After purchasing the said property, the petitioners have raised further construction over the said roof. When the matter stood thus, they were served with a notice dated 6-9-2003 alleging that the construction of the first floor made by them is not legal and in violation of the approved plan, therefore, the same should be demolished within three days from the date of notice. The petitioners apprehending that the Corporation might demolish the
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