Order on Board

02/09/2024

1. By the present writ petition the petitioner is seeking a direction to the respondents to demolish the illegal construction made by the respondent-Corporation and also seeking a direction towards the respondent to recover the amount from responsible persons who is responsible for making an illegal construction.

2. Earlier the petitioner has preferred a writ petition bearing W.P.(C)

No.743/2014 seeking same relief as in the present writ petition. The writ petition was disposed of vide order dated 22/04/2014 with a direction to the respondent No.3/ Commissioner of the Corporation to get spot inspection and measurement made and verify whether the construction is being raised on existing width of the road. The inspection and verification shall be done by respondent No.3 within a period of 15 days from the date of receipt of copy of this order and appropriate decision shall be taken within a period of 15 days from the date of preparation of spot inspection report. Again the petitioner preferred the present writ petition by making same prayer in which the respondent-State file the reply by annexing the spot inspection report (Annexure-R/3) from which it appears that the Commissioner after issuing notice to all the parties and in presence of the effected parties conducted a spot inspection and submit a report.

3. Learned counsel appearing for the petitioner submits that though the Municipal Corporation complied with the order dated 22/04/2014 passed by this Court, but still the grievance is there and spot inspection has been made by the Commissioner without examining the master plan and map of the area and even without intimating the revenue authorities, the spot inspection has been made.

4. Learned counsel appearing for the respondent-State as well as the Corporation submits that the spot inspection has been made by the Commissioner on 16/06/2014 and subsequently by the revenue authorities i.e. Patwari and Revenue Inspector have also conducted spot inspection on 20th September 2021.

5. I have heard learned counsel appearing for the parties. It appears that in compliance to the order of this Court the Commissioner has submitted a spot inspection report vide 16/06/2014, but it appears from the report submitted by the Commissioner that the same has been conducted without examining the master plan/map of the said disputed area, while conducting the demarcation report no revenue officers were present there, even the demarcation report is not clear regarding the illegal construction made by the respondents. Hence, considering the submission made by the petitioner and the documents placed by the Corporation and the State, it is directed that the Tahsildar, Raipur shall make spot inspection in presence of all the effected party by examining the master plan, map of the area and give a finding about the illegal construction as alleged by the petitioner. The demarcation shall be done by the Tahsildar within a period of one month from the date of receipt of copy of this order and appropriate decision shall be taken within a further period of ten days from the date of representation of the spot inspection report.

6. With the aforesaid observation and direction, the writ petition is finally disposed of.