Order on Board

Per Ramesh Sinha , Chief Justice

02.11 .2023

1. Heard Mr. Prateek Sharma, learned counsel for the petitioner. Also heard Mr. H.S. Ahluwalia, learned Deputy Advocate General, appearing for respondents No. 1 to 3/State, Mr. K. Rohan, learned counsel, appearing for respondent No. 4, Mr. Shikhar Sharma, learned counsel, appearing for respondent No. 5 and Mr. Vikram Sharma, learned counsel, appearing for respondent No.6.

2. The present public interest litigation has been filed by the petitioner with the following prayers:

“10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent Municipal Corporation to immediately take over the development work of VIP Estate Colony & all other identically placed colonies, by taking all required action and provide basic amenities there, in the interest of justice.

10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent State to take necessary action against the responsible government authorities, Municipalities, societies, Builders, Co- operative Societies and Government Officers / Office Bearers of Builders / Societies / Municipalities / Co- operative societies for the above fault and delay in handover of colony in to Municipality and for delay in providing basic amenities to the residents of such colonies and punish them accordingly in the interest of Justice.

10.3 That, any other relief / order which may deem fit and just in the facts and circumstances of the case.

10.4 That, this Hon’ble Court may kindly be pleased to direct the respondent Raipur Development Authority to sale the mortgaged land or take appropriate action and develop the VIP Estate Colony and all other identical colonies by taking all required action and provide basic amenities there, in the interest of justice. ”

3. The present writ petition, styled as public interest, litigation has been filed by the petitioner for welfare of residents of VIP Estate Colony, Raipur constructed by respondent No. 5 / Pramila Grih Nirman Sahkari Samiti after taking permission by respondents authorities, however, on 16.03.2013, respondent No.5 / Pramila Society wrote a letter to the respondent No. 4 / Municipal Corporation for handover of colony on pretext that it is developed but respondent No. 4 / Municipal Corporation is not accepted handover of the colony and in the middle, residents of the colony are suffering and thousands of residents of other colonies are suffering in Raipur with identical difficulties and the instant PIL is filed for the betterment of all such colonies and residents.

4. The respondent No. 5 / Pramila Grih Nirman Sahkari Society is a housing cooperative society registered under the provisions of Chhattigarh Cooperative Society Act, 1960 bearing registration No.RPR/166/95 had proposed for construction of a housing colony in the name of VIP Estate Colony. The said proposal was submitted before respondent authorities and vide permission dated 30.10.2000, the Joint Director, Town and Country Planning given permission to develop residential colony under certain terms and conditions. While granting permission to Pramila Society vide permission dated 30.10.2000 certain conditions have been imposed whereby in Condition No. 3, it is prescribed that no development or construction can be made against development permission. Condition No. 4 prescribed that road and open places must be developed according to the map.

5. Condition No. 5 prescribed that all development work, construction work, water supply, sewerage / drainage and electrification should be developed by the applicant on his own cost. Condition No. 6 prescribed that demarcation of land should be done from Revenue Department and the demarcated map should be certified from the Town and Country Planning Office. As per condition No. 7 floor area ratio should not be more than 1:0. Condition No. 8 mandated to plant one tree in each hundred square meter as per Chhattisgarh Bhumi Vikas Niyam, 1984. Condition No. 9 prescribed that as per