Partly allowed

Mukesh Verma v. State of Chhattisgarh

Chhattisgarh HC21 Jul 2024WPC/1207/2023

Case brief

AI extract

What is this about?

High Court disposed of a writ petition where the petitioner alleged a private developer illegally blocked a mandatory approach road. The court directed the Joint Director to expedite action following a notice issued on 03.05.2024, setting a 03-month timeline.

What did the court decide?

Directed Respondent No. 2 to conclude proceedings initiated via notice dated 03.05.2024 within 03 months.

Mukesh Verma Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 1207 of 2023

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Mukesh Verma S/o Late Durga Prasad Verma, Aged About 59 Years Resident Of House No. 36, Mahalakshmi Printing Press Wali Gali, Polsay Para, District Durg Chhattisgarh.

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------Petitioner

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VERSUS

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State Of Chhattisgarh Through The Principal Secretary The Principal Secretary, Department Of Housing And Environment Capital Complex Atal Nagar Naya Raipur District Raipur Chhattisgarh.

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Joint Director Town And Country Planning, Back Of Collectorate Campus, Balak Bhagwan Path, Durg Chhattisgarh.

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Thana Incharge Police Station- Pulgaon, District - Durg Chhattisgarh.

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M/s Navkar Devcon, Shop No. 11, New Wholesale Cloth Market (Opposite Csit), Kolihapuri, Durg Chhattisgarh.

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------- Respondents

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(cause title is taken from Case Information System)

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For Petitioner : Mr. Raza Ali, Advocate For Respondent-State : Mr. Praveen Das, Dy. Advocate General For Respondent No. 4 : Mr. Sachidanand Yadav, Advocate

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SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD

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22/07/2024

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The petitioner has filed this writ petition seeking following reliefs:-

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“10.1 A writ and/or an order in the nature of appropriate writ do issue calling the records from the respondent authorities concerned for perusal of this Hon’ble Court, if thinks fit in the facts and circumstances of the case.

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10.2 A writ and/or an order in the nature of a direction to the Respondent authorities to discharge their functions entrusted upon them under the law against the illegal actions of the Respondent No. 4 and in terms thereof direct the Respondent No. 2 to decide the complaint of the petitioner dated 07.12.2022 (Annexure P/5) and take suitable action against Respondent No. 4 as well as direct the Respondent No. 3 to take suitable action on the complaint (Annexure P/6) presented by the petitioner

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10.3 Any other writs and directions that may be deemed fit and just in the facts and circumstances of case.”

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Learned counsel for the petitioner submits that the Respondent No. 4 was granted permission for development of the land adjoining to the land of the petitioner with the condition that he will leave a 12 feet wide passage for approach road. However, after getting the approval and permission for development of the land which was owned by the Respondent No. 4, he has blocked the 12 meter passage by constructing a boundary wall against which, the petitioner raised grievance and have submitted an application. However, when no action was taken, the writ petition was filed.

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He further submits that now, the Respondents/State has filed reply in which, they have enclosed the document of spot inspection of the subjected land and further, came to the conclusion that the Respondent No. 4 has illegally blocked the 12 meter wide passage by raising the boundary wall and have also issued notice on 03.05.2024 for removing the said construction/development within the specified time. He submits that as the Respondents/State has already taken action, the writ petition be disposed of directing the respondents to conclude the action taken by the Respondent No. 2/Joint Director against the Respondent No. 4 expeditiously, within the specified time.

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On the other hand, learned counsel for the Respondent/State submits that in the reply, the proceedings of spot inspection as also the notice issued to the Respondent No. 4 for removing the respondent is enclosed. Notice for removing unauthorized development was issued to the Respondent No. 4. He submits that if the said development/construction is still there, appropriate action will be taken against the Respondent No. 4.

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Learned Counsel for the Respondent No. 4, however, seeks time to file reply.

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I have heard learned counsel for the respective parties and also perused the documents placed on record.

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Taking into consideration the facts and circumstances of the case, nature of greivance raised, submission of the counsel for the respective parties, in particular, the document filed along with the reply by the Respondent/State i.e. Annexure R-4 wherein, based on the spot inspection, the Respondent No. 2/Joint Director has already issued a notice to the Respondent No. 4 for removing the unauthorized development/construction, instead of keeping this writ petition pending, I find it appropriate to dispose of this writ petition at this stage, directing the Respondent No. 2 to conclude the proceedings initiated pursuant to the notice/letter dated 03.05.2024 issued to the Respondent No. 4 following due procedure of law at the earliest, preferably within a period

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of 03 months from the date of receipt of the order.

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

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Sd/-

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(Parth Prateem Sahu) Judge

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Dey

Mukesh Verma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mukesh Verma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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