Anita Pandey And Ors vs State Of Chhattisgarh And Ors

Prashant Kumar Mishra, J

Petitioners are the residents of Rajdhani Vihar, Raipur. They are aggrieved by the construction raised by the respondent No.4 contrary to the

sanctioned map and layout approved by the respondent No.2, Municipal Corporation causing immense inconvenience to the residents of the colony. It

is also submitted that the respondent No.4 is raising construction in such a way that the width of the internal road of the colony would be reduced to

half and that the said road is illegally constructed over the land reserved for EWS. It is also submitted that the representation submitted before the

Municipal Corporation, Raipur on 31.07.218 has not yet been considered and decided by the Municipal Corporation.

Considering the nature of issues raised in the writ petition, it would be appropriate, if the matter is first considered and decided by the Municipal

Corporation, Raipur by a reasoned order. While deciding the petitioner's above representation, the Municipal Corporation shall cause to demarcate the

entire area in the presence of parties to ascertain as to whether the construction made or planned to be made on the spot is contrary to the sanctioned

map and layout. If the Corporation reaches to the conclusion that the construction is contrary to the law or against the sanctioned map or layout, the

Corporation would be at liberty to take action in accordance with law for removal of the illegal or unauthorized construction. Let the entire

proceedings be completed within a period of 3 months.

The writ petition stands disposed of.