Digitally signed by PAWAN P K A U W M A A N R KUMAR Date:

2025.12.15 17:01:00 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5177 of 2011

1 - Bhilai Agrasen Education Society Through President R.K.Agrawal, S/o A.K.Agrawal, R/o H.No.Ews 306, Vaishali Nagar, Bhilai, Distt. Durg, Cg ... Petitioner(s)

versus

1 - State Of Chhattisgarh through the Secretary, Department of Revenue and Disaster Management, D.K.S. Bhawan, Mantralaya, Raipur.

2. The Secretary, Department of Town and Country Planning, State of CG, D.K.S.

Bhawan, Mantralaya, Raipur.

3. The Collector (Nazul), Korba.

4. The Director, Town and Country Planning, State of CG, D. K.S. Bhawan, Mantralaya, Raipur.

5. The Deputy Director, Town and Country Planning, Korba.

... Respondent(s)

For Petitioner(s) : Mr. Malay Shrivastava, Advocate For Respondent(s) / : Mr. R. K. Gupta, Additional AG State Hon’ble Shri Justice Sachin Singh Rajput

Order on Board

08/12/2025 This writ petition has been filed by the petitioner claiming following reliefs :

I. This Hon'ble Court may be pleased to direct quash the order dated 12.5.2011 bearing No.686/NGN/2011 (Annexure P-1) passed by the respondent no.5-Deputy Director, Town & Country Planning Department, Korba.

ii. Any other relief which this Hon’ble Court may deem fit in the facts and circumstances of the case.

2. Facts which emerges in this writ petition is that the petitioner is an education society running number of educational institution. The State Government had taken a policy decision that the societies, which are interested in opening job oriented courses like Industrial Training Institue (hereinafter shall be referred as 'ITI') in tribal areas, would be given land by the State Government. In pursuance of the said policy decision, the petitioner society applied for allotment of government/nazul land bearing Plot No.3/1 area 0.040 hectares out of 10.586 hectares situated at P.H. No.4, R.I. Circle Korba, District Korba for construction of building of ITI. On application being made by the petitioner society, a revenue case was registered under the provisions of Part-IV-1 Clause 25 of the C.G. Revenue Book Circular on 19.3.2007 and in the said proceedings the respondent No.5 granted its no objection for allotment of land on 3.11.2006 stating that as per Korba Development Plan, the land is reserved for plantation, therefore, further action would be possible only after changing the user of the land at the government level. On the basis of this recommendation of the State Government, the Tehsildar (Nazul) after obtaining the views of the Municipal Corporation, Deputy Director, Town & Country Planning, Korba; Chief General Manager, SECL, Korba, submitted memorandum to the State Government. The State Government after considering entire allotted the said land to the petitioner, however, when the petitioner moved an application before the Town & Country Planning Department seeking no objection for construction of building, the Town & Country Planning Department refused to grant no objection on the ground that in the Korba Development Plan the land use is contrary to which the permission has been sought. Hence this petition on the following facts and other grounds.

3. Learned counsel for the petitioner submits that the petitioner intended to start an Industrial Training Institute (ITI) at District Korba. For that purposes an application was moved before the respondents authorities to allot a land. After due revenue proceedings, a land comprised in piece of Khasra No. 03/1 area 0.040 hectares out of total 10.586 hectares situated at PH No. 04, R.I. Circle Korba was allotted in favour of the petitioner by executing a lease deed. Thereafter, lease rent was also calculated and petitioner was directed to deposit the lease rent of Rs. 11,03,333/- and yearly rent of Rs. 22,027 total Rs. 11,25,360/- was required to be paid by the petitioner. Apart from that, stamp duty of Rs. 89,191/- and registration duty of Rs. 66,993/- total amounting to Rs. 1,56,184/- was