Dismissed

Anil Khandelwal v. State of Chhattisgarh

Chhattisgarh HC6 Nov 2024WPC/1240/2019

Case brief

AI extract

What is this about?

Petitioners challenged demolition of a park and proposed road construction by Raipur Municipal Corporation, alleging violation of Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973. The Court dismissed the petition as it was filed on mere presumptions due to lack of written objection evidence.

What did the court decide?

Petition for issuance of direction restraining demolition was dismissed.

Anil Khandelwal Vs State of Chhattisgarh — Landlord and Tenant | Chhattisgarh HC (2024)

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NAFR

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CHANDRAKANT DEWANGAN HIGH COURT OF CHHATTISGARH AT BILASPUR

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Digitally signed by CHANDRAKANT DEWANGAN WPC No. 1240 of 2019 Date: 2024.11.07 16:28:07 +0530 1. Anil Khandelwal S/o Shri Satya Narayan Khandelwal, Aged About 53 Years R/o H-8, Sale Tax Colony, Raipur, Tahsil And District Raipur (C.G.).

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1. B.P. Kuril S/o Shri Sukhlal Kuril, Aged About 62 Years, R/o M-14, Sale Tax Colony, Raipur, Tahsil And District Raipur (C.G.).

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... Petitioners

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versus

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1.	State Of Chhattisgarh Department, Mantralaya	Through Secretary, Urban Mahanadi Bhawan, New Raipur	Administration (C.G.).
2.	The Commissioner Munic	ipal Corporation, Raipur (C.G.).
3.	The Zone Commissioner	Zone No. 3, Raipur (C.G.). ...	Respondents
For	Petitioners	: Mr. Vipin Punjabi, Advocate.
For	Respondent No.1/State	: Mr. Laxmeen Kashyap, P.L.
For	Respondents No.2 & 3	: Mr. Pankaj Agrawal, Advoc alongwith Mr. Rakshit Tiwari,	ate appears Advocate.
For	Intervenor	: Mr. Yogesh Chandra Pandey,	Advocate.

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Hon'ble Shri Justice Sanjay S. Agrawal

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Order on Board

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07/11/2024

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By virtue of this petition, the petitioners are praying for issuance of direction for restraining the respondents authorities of Municipal

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Corporation, Raipur from demolishing the construction of park and to erect the road across the area of the said park which is situated at Vikraya Kar Vibhag Karmachari Colony, Shanker Nagar, Raipur.

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According to the petitioners, the respondents authorities of Municipal Corporation, Raipur are trying to demolish the construction of the said park and to erect 10 feet width road on it without following the provisions prescribed under Section 16 of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973. It is alleged further that on 31/01/2019, one Shri Ajay Awadhiya and one other person of Zone-3 of the Municipal Corporation, Raipur came on the site for demolishing the construction of park and also to erect 10 feet width road across the said park, therefore, an oral objection was raised before the Zonal Commissioner and the Mayor of the Municipal Corporation, but, despite of the said objection, the concerned respondents authorities are bent upon to act illegally, therefore, they have been constrained to file this petition in the instant nature.

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From perusal of the averments made in the petition, it, however, appears that although it has been alleged by the petitioners that on 31/01/2019, some officers of Zone-3 of the Municipal Corporation came on the site and trying to demolish the park and to erect 10 feet width road, but, no written objection to this effect has been placed on record, so as to hold that such an objection has been made against the alleged illegal act of the concerned respondents authorities of the Municipal Corporation, as alleged herein by the petitioners. It, thus, appears that

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the entire petition has been filed merely on the presumptions. In view thereof, I am not inclined to entertain this petition.

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The petition being devoid of merit is, accordingly, dismissed.

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No order as to cost(s).

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-Sd/-

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(Sanjay S. Agrawal) Judge

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Chandrakant

Anil Khandelwal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Anil Khandelwal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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