Order on Board

07/02/2025

1. By the present writ petition, the petitioner is questioning the order dated 31/01/2025 by which the Commissioner, Municipal Corporation has passed an order under Section 307(3) of the Chhattisgarh Municipal Corporation Act, 1956 (for short, “the Act of 1956”).

2. Learned counsel appearing for the petitioner submits that the impugned order dated 31/01/2025 has been passed by the respondent No.3/Commissioner by exercising the power under Section 307(3) of the Act of 1956 on the ground that the petitioner while installing a lift in the constructed house of the petitioner on his own land, has not intimated the Municipal Corporation. The impugned order has been passed with the presumption that there is violation of Section 293 and 307 the Act of 1956 which is not at all applicable in the case of the petitioner as the petitioner is only installing a lift whereas the provision of Section 293 and 307 will attract only when (i) erect or re-erect any building; or (ii) commence to erect or re-erect any building; or (iii) make any material external alteration to any building; or (iv) construct or re- construct any projecting portion of a building xxxx. However in the