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2017 Supreme(Chh) 176

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, J.
M/s Sanjay Bajpai Builders Pvt. Ltd. and Ors. - Petitioners
Versus
State of Chhattisgarh, through the Secretary, Department of Housing & Environment and Ors. - Respondents
Writ Petition (C) No. 2009, 2010 of 2015
Decided On : 13-09-2017

Advocates Appeared:
For the Petitioners: Mr. B.P. Sharma, Mr. Hari Agrawal
For the Respondents: Mr. Arun Sao

Headnote:

Chhattisgarh Bhumi Vikas Rules, 1984, - Rule 25 - Constitution of India,1950 - Article 226 – Jurisdiction - Layout permissions - Petitioner is a developer and builder - There were five sanctioned layouts for development of colony at Village where permission was granted on respectively whereas for Village there were two sanctioned layouts for which permission was granted on and for Village there was only one sanctioned layout for which permission was granted on - On account of some complaint, enquiry was conducted by the State Government with help and assistance of Joint Director Town and Country Planning and by order - Held, For foregoing reasons impugned order passed by the Director Town & Country Planning and consequential review orders are hereby quashed - Writ petitions are allowed subject to the following directions - So far as Village is concerned petitioners case with regard to change of land use will be considered in accordance with Section 23-A of 1973 and Rules 1984 keeping in view observations made herein-above and as per other applicable provisions within a period of two months from of production of a certified copy of this order and thereafter application for layout permission will be considered - Order accordingly

ORDER :

1. Since common question of law and fact is involved in these two writ petitions, both the writ petitions were clubbed together and they were heard together and are being disposed of by this common order.

2. Invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner – M/s. Sanjay Bajpai Builders Private Limited has filed these writ petitions calling in question the order dated 10-12-2014 as well as the orders dated 17-7-2015 and 22-8-2015 by which the eight layout permissions for development of colony have been revoked.

3. The aforesaid challenge has been made in the following factual background: -

3.(1) The petitioner is a developer and builder. There were five sanctioned layouts for development of colony at Village Dunda where permission was granted on 2-5-2008, 22-7-2008, 10-12-2008, 20-5-2009 and 30-6-2009, respectively, whereas for Village Boriyakala, there were two sanctioned layouts for which permission was granted on 22-5-2010 and 4-6-2011, and for Village Sejbahar, there was only one sanctioned layout for which permission was granted on 12-6-2012. On account of some complaint, enquiry was conducted by the State Government with the help and assistance of the Joint Director, Town and Country Planning and by order dated 26-9-2013, the eight approved layout permissions mentioned herein-above for development of colony were revoked. Feeling aggrieved against the order dated 26-9-2013, the petitioners preferred W.P.(C)Nos.1857/2013 and 1858/2013 before this Court and this Court by order dated 10-12-2014, quashed the order dated 26-9-2013 and directed the Directorate of Town & Country Planning to hear the petitioners and take fresh decision in the matter after giving reasonable opportunity of hearing to the petitioners. It is the case of the State Government that thereafter, opportunity of hearing was granted to the petitioners and thereafter, order dated 17-7-2015 has been passed. Dissatisfied with the said order, the petitioners preferred a review petition before the Director, Town and Country Planning Department stating that they have not been given reasonable opportunity of hearing to which the Director did not find any favour and ultimately, by order dated 22-8-2015, the review has been dismissed. Thereafter, questioning legality, validity and correctness of the order dated 17-7-2015 and the review order dated 22-8-2015, these two writ petitions have been preferred.

3.(2) These writ petitions have been primarily preferred on the ground that there is no misrepresentation on the part of the petitioners and no false statement made by the petitioners while making application for sanction of layout for development of colony and further that there is huge delay in revoking the development plans as in between third party rights have already been created and therefore there is no reason to interfere with the order sanctioning the layout for the development of the colony that has been named as “Swagat Vihar” and “New Swagat Vihar”. Therefore, the order revoking the layout of the development plans be quashed and the writ petitions be allowed.

3.(3) Return has been filed vehemently opposing the writ petitions stating inter alia that the lands in question were reserved for agricultural purposes and land earmarked for construction of road which have been included while making application for approving the layout in Villages Dunda and Boriyakala. The title deeds were not produced by the petitioners as there is gross difference in the area included in the sale deeds and the area mentioned in the Khasra B-1 and there is overlapping of EWS lands in P.L.Nos.5/2011 and 33/2010. It was further pleaded that for Village Sejbahar, the petitioners did not submit any title documents for which area of land the layout permission is required. Therefore, the learned Director, Town & Country Pl

















































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