Disposed¶29

Smt. Babita Agrawal v. State of Chhattisgarh

Chhattisgarh HC11 Mar 2025WPC/1335/2025

Case brief

AI extract

What is this about?

Illegal construction of 4th floor, Raipur; inaction of Municipal Corporation authorities on petitioner's representations; apprehended collapse of 25-year-old 3-storey building without columns; writ Court declines relief, grants liberty to pursue before respondent Nos. 2 & 3 for urgent proceedings; petition disposed of; WPC No. 1335 of 2025; Arvind Kumar Verma, J.; decided 12/08/2025.

What did the court decide?

Liberty to the petitioner to pursue the matter before respondent Nos. 2 & 3 for urgent proceedings; no substantive relief granted. ¶29

Smt. Babita Agrawal Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:40503

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1335 of 2025

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1 - Smt. Babita Agrawal W/o Shri Hari Vallabh Agrawal Aged About 44 Years R/o 323 A, Sunder Nagar, Raipur, Tehsil And Dist. Raipur (C.G.)

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Collector, Raipur (C.G.)

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2 - The Commissioner Municipal Corporation, Raipur (C.G.)

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3 - The Zone Commissioner Zone -3, Municipal Corporation, Raipur (C.G.)

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4 - Radheshyam Bansal S/o Late Kalyan Prasad Agrawal Aged About 63 Years R/o Pandari Tarai, Guru Govind Singh Ward No. 21, Raipur Tehsil And Dist. Raipur (C.G.) ----Respondents

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(Cause-title taken from Case Information System) For Petitioner : Dr. Shiv Kumar Shrivastava, Advocate For Respondent : Mr. Rishabh Bisen, P.L. For respondent No. 2 & 3 : Mr. Rakshit Tiwari, on behalf of Mr. Pankaj Agrawal, Advocate

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Hon’ble Shri Arvind Kumar Verma, Judge Order on Board

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12/08/2025

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1. The present writ petition has been filed seeking following relief(s);-

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10.1 That this Hon’ble Court may kindly be pleased to call entire records of the respondents authorities relating to the illegal construction being carried out by the private respondents on their plot, adjoining to the plot of the petitioner.

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10.2 That this Hon’ble Court may kindly be pleased to allow this writ petition and issue any appropriate writ or directions to respondent

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Digitallysigned byJYOTI JHADate:2025.08.1411:04:32+0530

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authorities to take corrective action on her representations to them.

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10.3 That this Hon’ble Court may kindly be pleased to issue writ of mandamus, certiorari or any appropriate writ or direction to respondent No. 3 to redress representation of the petitioner in stopping illegal construction of 4^th floor by the private respondents.

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10.4 This Hon’ble Court may kindly be granted any other relief/order/direction in favour of petitioner, which deemed fit & proper in the facts and circumstances of the case, in the interest of justice.

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2. Learned counsel for the petitioner submits that the petitioner is aggrieved with inaction of Respondent Authorities who have not yet taken appropriate action against illegal construction being carried out by the Respondent No. 4 and 5 on their plot which is adjoining to plot of the Petitioner. The petitioner has well-reasoned apprehension that existing 25 years' old 3 story building, which has been constructed in traditional way (i.e. without column) is not able to bear extra weight of 4th floor construction over it, hence there is all possibilities of sudden collapse of entire building, because of extra weight of ongoing 4th floor construction. the Petitioner has made various representations to then Respondent authorities but no action has been taken by them, therefore he prays for the aforesaid relief.

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3. Learned counsel for respondents opposed the submission made by the learned counsel for the petitioner.

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4. I have heard learned counsel for the parties and perused the material available on record.

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5. Considering the submission of the respondents and considering the facts and circumstances of the case, this Court is of the

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opinion that the relief sought by the petitioner cannot be granted by this Court, therefore the petitioner is at liberty to pursue the matter before the respondent No. 2 & 3 for urgent proceedings. Accordingly, the present writ petition stands disposed of.

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Sd/-

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( Arvind Kumar Verma )

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Judge

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Jyoti

Smt. Babita Agrawal v. State of Chhattisgarh

Case brief

What is this about?

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Smt. Babita Agrawal v. State of Chhattisgarh

Case brief

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