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2024 Supreme(Online)(CHH) 13050
2024:CGHC:47930-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 100 of 2024 Shankar Lal Dayalani S/o Late Shri B.R.Dayalani Aged About 53 Years R/o Sindhi Colony, Jarhabhata, P.S. Civil Lines, Tahsil Bilaspur (C.G.)
... Petitioner versus
1 - State Of Chhattisgarh Through Its Secretary, Department Of Revnue And Disaster Management, Mahanadi Bhawan, Naya Raipur District Raipur (C.G.)
2 - State Of Chhattisgarh Through Its Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Naya Raipur District Raipur (C.G.)
3 - Collector Bilaspur District Bilaspur (C.G.)
4 - Nagar Tatha Gram Nivesh Bilaspur (Town And Country Plannig) Through Its Joint Director, Regional Office Bilaspur, Tehsil And District Bilaspur (C.G.)
5 - Sub Divisional Officer (Revenue) Bilaspur District Bilaspur (C.G.)
6 - Tahsildar Bilaspur District Bilaspur (C.G.)
ROHIT
7 - Municipal Corporation Bilaspur Through Its Commissioner, Nehru KUMAR CHANDRA Chowk, Bilaspur, Digitally signed by ROHIT KUMAR CHANDRA
8 - Pradeep Bajaj S/o Late Shri Daulatram Bajaj Aged About 65 Years Date: 2024.12.06 11:25:51 +0530 R/o Juna Line, Near Santosh Lauge, Bilaspur, Tehsil And District Bilaspur (C.G.)
9 - Smt. Asha Bajaj D/o Late Shri Jaiprakash Bajaj Aged About 75 Years R/o Juna Line, Near Santosh Louge, Bilaspur, Tahsil And District Bilaspur (C.G.)
10 - Rishabh Bajaj S/o Shri Rajesh Kumar Bajaj Aged About 35 Years R/o Juna Line , Near Santosh Louge, Bilaspur Tehsil And District Bilaspur (C.G.)
11 - Savit Bajaj D/o Late Shri Ghanshyamdas Bajaj Aged About 77 Years R/o Juna Line, Near Santosh Louge, Bilaspur Tehsil And District Bilaspur (C.G.)
12 - Rajesh Kumar Bajaj S/o Late Daulatram Bajaj Aged About 69 Years R/o Juna Line , Near Santosh Louge, Bilaspur Tehsil And District Bilaspur (C.G.)
13 - Smt. Sunita Bajaj D/o Shri Rakesh Kumar Bajaj Aged About 62 Years R/o Juna Line , Near Santosh Louge, Bilaspur Tehsil And District Bilaspur (C.G.)
14 - Ramchandra Lalchandani S/o Late Dr. K.D. Lalchandani Aged About 54 Years R/o Juna Line , Near Santosh Louge, Bilaspur Tehsil And District Bilaspur (C.G.)
15 - Motilal Dayalani S/o Late Shri Dularam Dayalani R/o Infront Of Old Radha Swami Satsang, Smart City Road(Mitti Tel Gali) Ahead Of Sanjeevni Hospital Ward No. 17, Sindhi Colony, Bilaspur Tehsil And District Bilaspur (C.G.)
16 - Superintendent (Diversion Branch, City) Collectorate Bilaspur Tehsil And District Bilaspur (C.G.)
... Respondents (Cause-title taken from Case Information System)
For Petitioner : Mr. Surfaraj Khan, Advocate For Respondent Nos. 1 to 6 : Mr. Y.S. Thakur, Addl. Adv. General and 16/State For Respondent No.7 : Mr. A.S. Kachhawaha, Advocate For Respondent Nos. 8 to 15 : Mr. Manoj Paranjpe and Mr. Siddharsh Tiwari, Advocates Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Amitendra Kishore Prasad , Judge
Order on Board
Per Ramesh Sinha , Chief Justice
0 5 .12 .202 4
1. Heard Mr. Surfaraj Khan, learned counsel for the petitioner. Also heard Mr. Y.S. Thakur, learned Additional Advocate General, appearing for the State/respondent Nos. 1 to 6 & 16, Mr. A.S. Kachhawaha, learned counsel, appearing for respondent No. 7 / Municipal Corporation, Bilaspur and Mr. Manoj Paranjpe along with Mr. Siddharsh Tiwari, learned counsel, appearing for respondent Nos. 8 to 15.
2. The present petition under Article 226 of the Constitution of India has been filed by the petitioner styled as ‘Public Interest Litigation’
with the following prayers:
10.1 That, the Hon’ble Court may kindly be pleased to call for the entire records pertaining to matter from the concerned respondent authorities.
10.2. That, this Hon’ble Court may kindly be pleased to issue suitable writ(s), order (s), direction (s) by directing the respondent authorities, particularly, Respondents No.4, 5, 7 and 16 to decide the application (Annexure P-1) with time frame.
10.3. That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”
3. Mr. Surfaraj Khan, learned counsel for the petitioner submitted that the petitioner is a social activist who kept on trying to protect the customer (s)/buyer (s)/investor (s) from the clutches of person (s) involved in illegal grabbing of public drainage (Nala) without adhering and complying the due process of law, as prescribed by the legislature. He further submitted that the petitioner has filed a complaint to the office of Nagar Tatha Gram Nivesh Bilaspur (Respondent No. 4 herein), Sub-Divisional Officer (Revenue) Bilaspur (Respondent No.5), Municipal Corporation Bilaspur (Respondent No.7) and Diversion Branch Bilaspur (Respondent No.16) against the respondents No. 8 to 15 herein with respect to the illegal construction raised upon land bearing Khasra No.430/4 (new sheet No.10, land No.193/28), area 1105 Sq. Ft. carried out upon the public (government) drainage. The applications were filed on 08-09-15/07/2024, but till date no action has been taken by the office of respondents No. 4, 5, 7 and 16 herein even the report with respect to public drainage been illegally occupied by the private respondents were published in daily newspaper (Dainik Bhaskar) on 06.08.2024, 07.08.2024 and 08.08.2024. In support of his contention, he placed reliance on the judgment passed by the Hon’ble Supreme Court in the matter of Jagpal Singh Vs. State of Punjab & Ors, reported in 2011 (11) SCC 396, wherein the Hon’ble Supreme Court has dealt the issue relating to recovery of all government land and others Public Use/Nistari and has passed a direction to all the states within India, for issuing necessary direction (s) to the concerned for recovering the same. Even the State of C.G. has issued the direction to all concerned, in compliance of Jagpal Singh's Case (Supra).
4. Mr. Manoj Paranjpe, learned counsel, appearing for respondent Nos.8 to 15 opposed the aforesaid submission and submitted that the instant Public Interest Litigation has been filed by the Petitioner with the malafide intentions to harass the private Respondents and to create under pressure upon them. The Petitioner has also suppressed and concealed the material fact that he has filed a case before Ld. Chhattisgarh Real Estate Regulatory Authority, (RERA) Raipur, Chhattisgarh in which notices were issued to the present Respondents on 09.10.2024. He pointed that the case before Ld. RERA is on the ground that the respondents are selling the plots without getting its registered before the Ld. RERA. Paragraph 3 of the said complaint goes on to allege that the land in question was promised to be sold to the petitioner, but same was not done by the respondents. He further pointed out that paragraph 7 of the said complaint pleads about flow of water through the said land which is subject matter of the present PIL.
5. From
