Basant Agrawal Vs Nawa Raipur Atal Nagar Development Authority

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2025:CGHC:11483

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Digitally signed by RAHUL RAHUL JHA JHA Date:2025.03.07 18:44:19 +0530

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1184 of 2022

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1 - Basant Agrawal S/o Shri Lakkhi Prasad Agrawal Aged About 38 Years R/o Vrindavan Niwas, Near Naya Talab, Gudhiyari, Raipur, Tehsil And District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh.

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Petitioner(s)

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versus

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1 - Nawa Raipur Atal Nagar Development Authority Through The Chief Executive Officer, Nava Raipur Atal Nagar Development Authority, Paryawas Bhawan, North Block, Sector 19, Nava Raipur Atal Nagar, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

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2 - The General Manager,(Administration) Nava Raipur Atal Nagar Development Authority, Paryawas Bhawan, North Block, Sector 19, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

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3 - The Manager (Land) Nava Raipur Atal Nagar Development Authority, Paryawas Bhawan, North Block, Sector 19, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

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4 - The Building Officer, Nava Raipur Atal Nagar Development Authority, Paryawas Bhawan, North Block, Sector 19, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

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5 - Director, Directorate Of Town And Country Planning, Chhattisgarh, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

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Respondent(s)

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For Petitioner(s) : Mr. Ankur Agrawal, Advocate For Resp. No. 1 to 4 : Mr. A.S. Kachhwaha, Advocate For Resp. No. 5 : Mr. Satish Gupta, GA (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)

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Order on Board

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07/03/2025

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By the present writ petition, the petitioner is questioning the communication/memo dated 25/08/2021 (Annexure-P/1) issued by the respondents’ authority, whereby the petitioner has been directed to apprise about the proceeding of the application filed by him under Section 37 (3) of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as ‘the Adhiniyam, 1973’), which is pending in the office of Joint Director, Town and Country Planning, Raipur.

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Learned counsel for the petitioner, by referring to Annexure-P/4, would submit that though the application under Section 37 (3) of the Adhiniyam, 1973 has been filed by him on 26/11/2020, but till date, the said application has not been decided by the Authority concerned i.e. Joint Director. He would further submit that issuance of communication (Annexure-P/1) by the Building Officer is also an act of without jurisdiction. Therefore, communication (Annexure-P/1) may be quashed.

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Learned counsel for respondent No.1 to 4 would submit that the

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communication (Annexure-P/1) which is under challenge in the instant writ petition, is mere a simple communication and the petitioner has only been directed to apprise about the status of application filed under Section 37 (3) of the Adhiniyam, 1973, as such, there is no illegality and infirmity in the act of the respondents’ authority in issuing the such communication to the petitioner.

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Learned counsel for the State would submit that the application (Annexure-P/4) filed under Section 37 (3) of the Adhiniyam, 1973 by the petitioner is pending before the Joint Director, Town and Country Planning, Raipur and the same shall be considered in accordance with law and necessary order will be passed within a period of 30 days.

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I have heard counsel for the parties and perused the communication (Annexure-P/1) and the application filed by the petitioner under Section 37 (3) of the Adhiniyam, 1973.

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It appears from the perusal of communication (Annexure-P/1) that it is simple a direction to the petitioner to apprise about the status of application filed under Section 37 (3) of the Adhiniyam, 1973, which as per the contention of the petitioner is pending before the Joint Director.

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Hence, the Joint Director, Town and Country Planning, Raipur (C.G.) is directed to decide the pending application filed under Section 37 (3) of the Adhiniyam, 1973 within a period of 30 days from the date of receipt of copy of this order. It is also directed that till the decision on the application filed under Section 37 (3) of the Adhiniyam, 1973 by the petitioner, the interim order passed by this Court on 07/03/2022 shall

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remain operative. The petitioner is at liberty to apprise the Joint Director

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about the order passed by this Court.

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