Advocates:
['HIMANSHU PANDEY', 'A G', '', 'SUSHOBHIT SINGH', 'ANUMEH SHRIVASTAVA', 'RAJESH KUMAR KESHARWANI INTERVENER', 'SOURABH SHARMA', 'SHAILESH TIWARITARKESHWAR NANDESANDEEP DUBEYAlok Chandra Rishi', 'PANKAJ AGRAWAL', 'SWATI AGRAWALAMIT TIRKEYRicha DwivediPREETI YADAV', 'R N PUSTY', 'BASANT KAIWARTYAMohan Lal SenS P SANNATMOHAN LAL KAUSHIKYOGESH CHANDRA SHARMA']

Page No.1

HIGH COURT OF CHHATTISGARH, BILASPUR

Reserved for orders on :10/03/2022

Order passed on :23/03/2022

WPC No. 3528 of 2021

1. Priyadarshani Grah Nirman Sahkari Samiti Maryadit 445-B,

Priyadarshani Nagar, Raipur, Through Its Vice President Shri Bharat

Trivedi

---- Petitioner

Versus

1. State of Chhattisgarh Through Principal Secretary, Mahanadi Bhawan,

Atal Nagar, Nava Raipur Chhattisgarh,, District : Raipur, Chhattisgarh

2. Public Works Department Through Principal Secretary, Mahanadi

Bhawan, Atal Nagar, Nava Raipur Chhattisgarh.

3. Commissioner Municipal Corporation Raipur Azad Chowk Rd, Near

Mahila Police Thana, Chottapara, Janta Colony Raipur , Chhattisgarh.,

District : Raipur, Chhattisgarh

4. Assistant Chief Executive Officer Rajya Sahri Vikas Abhikaran ,

Chhattisgarh , D-04, 4th Floor, Indrawati Bhavan, Nawa Raipur , Atal

Nagar Raipur, Chhattisgarh.

5. Chief Executive Officer (CEO) Raipur Development Authority, Bhakta

Mata Karma Commercial Complex, 2nd Floor, New Rajendere Nagar

Raipur Chhattisgarh.

6. Guru Ghasi Das Sahakari Samiti Maryadit Through Its President , Guru

Ghasidas Sanskaratik Bhavan, New Rajendra Nagar, Raipur

Chhattisgarh.

---- Respondents

____________________________________________________________

For Petitioner

:

Mr. Himanshu Pandey, Advocate

For State

:

Mr. Rahul Jha, Govt. Advocate.

For Respondents

:

Mr. Pankaj Agrawal, Mr. Rajesh Kumar

Kesharwani, Mr. Sandeep Dubey ,

Advocates.

For Intervenor

:

Mr. Sushobhit Singh, Advocate.

-------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice

Rajendra Chandra Singh Samant

CAV Order

Page No.2

23/03/2022

1. Heard.

2. This writ petition has been brought praying for issuance of appropriate

writ to quash the allocation of land for construction of “Sarv Samaj

Samudayik Bhavan” as proposed by respondent No.6.

3. It is submitted that the petitioner is a registered society. The Raipur

Development Society implemented housing plan in Katoratalab Plan

No.016, in which, the petitioner society has found place in the

approved plan for the housing society of the petitioner. One open

space was left for the purpose of developing a garden on the same.

Municipal Corporation, Raipur has developed a garden on this open

space, which was being utilized by the residents of the petitioner

society. By a newspaper publication Annexure-P5, the petitioner learnt

that construction of a “Sarv Samaj Samudayik Bhavan” is proposed

which is to be constructed on the open space in question. The

petitioner and respondent No.6 both submitted representations to

register their objection for the proposed construction, but the same

was not considered. It is submitted that this allocation of the land for

construction of “Sarv Samaj Samudayik Bhavan” is erroneous,

arbitrary and contrary to the provisions of Municipal Corporation Act,

1956 and the provisions of Chhattisgarh Nagar Tatha Gram Nivesh

Adhiniyam, 1973. Further, the principle of natural justice was also not

followed. No objection or suggestions were invited from the residents

of the concerned societies. In the reply of respondent No. 1 & 2 It is

submitted that State has to take care of the welfare activities of the

respective societies for the purpose that the people living in the area

can get a good environment and amenities. It is also admitted by the

Page No.3

respondent No.5 in his reply, that the colony was developed under the

scheme for development. Later on, same was handed over for

Municipal Corporation for maintenance, therefore, the transfer of the

open space to the municipal corporation was only for the purpose of

maintenance which does not confer any title on respondent No.5.

Clause(e) of Section 49(3) provides, that the Town Development

Scheme may make provisions for open spaces for garden, recreation

grounds etc and it is also provided in Section 49(3), th