NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 25 of 2020 Abhishek Kumar Choubey, S/o Naresh Kumar Choubey, aged about 36 Years R/o Qr No. 1 - A, Street 35, Sector 4, Bhilai, Chhattisgarh.

---- Petitioner Versus

1.

State of Chhattisgarh, Through - Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh.

2.

Collector Durg, OfÏce Of Collector - Durg, District Durg, Chhattisgarh.

3.

Commissioner, Bhiali Nagar Nigam, Bhilai, District - Durg Chhattisgarh.

4.

C.E.O., Bhilai Steel Plant, Ispat Bhawan, Bhilai, District - Durg, Chhattisgarh.

---- Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Yogeshwar Sharma, Advocate.

For Respondent/State : Mr. R.S.Marhas, Additional Advocate General For Respondent No. 3 : Mr. Soumitra Kesharwani holding the brief of Mr.

Apurv Goyal, Advocate.

For Respondent No. 4 : Dr. Sourabh Pande, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawa l , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

12 .0 3 .2024

1. The petitioner has prayed for the following reliefs:

“10.1 Order Respondents to shift Temple build illegally, on public utility land(Street 35 sector 4 Bhilai) and on public road, on other place and in accordance of law.

10.2 Order Respondent No. 4 to cancel all illegal NOC of Garden fencing and vehicle Parking, as false reasoning has been furnished by Bhilai Nigam for fencing of illegal Temple and to provide tin shed overlapping temple, for cultural events.

10.3 Order Respondent No. 3 for recovery of public funds spent on fencing of illegal Temple, laying pavement tiles all over plot area, and on its tin shed extension.

10.4 Order Respondents to evacuate public road and electricity pole in footpath, encroached by Temple owners.

10.5 Order The State to conduct proper enquiry and order to lodge FIR for furnishing false statements to acquire NOC, and for spending public funds on extension of religious structure, illegally build on Government land.

10.6 Order Respondents to stop providing maintenance of illegal street light placed in campus of illegal temple, and further be pleased to order to respondents to disconnect illegal electricity connection taken and to lodge FIR on wrongdoers, as its their repeated practice of electricity theft and is visible in public records also.

10.7 Pass any other or further order(s) as this Court may deem fit and proper in the circumstances of the case.”

2. Mr. Yogeshwar Sharma, learned counsel for the petitioner submits that the instant petition arises due to violation of Honb'le Supreme Court stay order given in SLP (Civil) No. 8519/2006 dated 29.09.2009, by constructing Temple and its extension i.e. fencing and tin shed despite there was stay order. For such illegal extension of Temple, No Objection Certificate (NOC) was obtained by respondent No. 3, from Bhilai Steel Plant (for short, the BSP) by giving false reason like garden fencing and vehicle parking.

3. According to Mr. Sharma, there is a Temple situated on public land of B.S.P. situated at Street 35, Sector 4, Bhilai. In 2014, Nagar Nigam Bhilai obtained NOC from BSP for doing fencing to create a small garden and pathway for morning walkers. But the reasons stated in the NOC were false. Like this, Bhilai Nagar Nigam did extension of illegal Temple situated on public land, intentionally and by way of false statements to spent public money on Temple extension, and thus has violated Supreme Court's stay order given in case No.

SLP Civil 8519/2006 dated 29.09.2009. In 2016, encroacher of public land, who built Temple on it and did fencing, now were in need of tin shed, for cultural programs, Again, Bhilai Nagar Nigam with its public funds came as savior. This time they applied for NOC from BSP for vehicle parking which they got. In 2018, Bhilai Nagar Nigam build a tin shed, in fencing/campus of illegally constructed Temple, also visible in survey map attached. Like this again in name of construction of vehicle p